Chilean nationality law

Last updated
Chilean Citizenship Act
Coat of arms of Chile.svg
Parliament of Chile
  • An Act relating to Chilean citizenship
Territorial extent Chile
Enacted by Government of Chile
Related legislation
Constitution of Chile
Status: Current legislation

Chilean nationality law is based on both principles of jus soli and jus sanguini. Nationality law is regulated by Article 10 of the Political Constitution of the Republic of Chile. [1] The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship. [2] [3] [4]

Contents

Birth in Chile

Chilean passport Portada del pasaporte biometrico actual, vigente desde 2013.jpg
Chilean passport

Any person born in Chile acquires Chilean nationality at birth. The only two exceptions apply to children of persons in the service of a foreign government (like foreign diplomats) and to the children of foreigners who do not reside in the country. However, these children can apply to acquire Chilean nationality. [5]

Chilean nationality by descent

Children of Chilean nationals born abroad acquire the Chilean nationality at birth, if any of their parents or grandparents were Chilean through the principle of jus soli or naturalisation.

Naturalization

Foreigners may apply for Chilean nationality if they meet the following criteria: [1]

Reclamation of the Chilean nationality

If any administrative authority should deprive a person of their Chilean nationality, it can be reclaimed personally or by anyone on their behalf at the Supreme Court, according to Article 12 of the Chilean Constitution.

Dual nationality

Chile allows dual nationality under the new laws. [6]

History

Chile declared independence from Spain in 1818. [7] The following year, the government decreed that indigenous populations were free and able to participate equally, as were other inhabitants of the nation. [8] Differing from other Latin American countries, the Chilean Constitution has consistently regulated nationality. [9] Chile was also among the four nations which did not require a wife to assume her husband's nationality before 1910. [10] [Notes 1] The first non-provisional constitution, established in 1822 upon after independence from Spain, granted nationality to those born in the country or to those born outside the territory to Chilean parents. [12] The following year the Constitution was replaced. The 1823 constitution primarily established birthright nationals as those born within the country or to nationals of the country, if they resided in the territory, and those born abroad to fathers of Chilean descent or foreign fathers, who were working in the service of the government. [13] [8] It allowed the legislature to grant individual nationality at its discretion, [8] foreigners to naturalize, and identified that persons, who were married to Chileans and engaged in professions, were considered to be Chilean. Other foreigners could naturalize by engaging in a profession for one year, or working in agriculture for five years. [14] Slavery was outlawed and those who engaged in the slave trade were prohibited from obtaining nationality in Chile under the Constitution. [15]

Despite subsequent constitutional changes the provisions on nationality from 1823 remained in place for almost two centuries. [8] The Chilean Civil Code of 1855, recognized equal rights between the sexes except in the case of married women. [16] Under the code, married women were legally incapacitated and their civil rights were subject to their husbands' authority. [17] A wife was required to share his residence and domicile, while living in Chile. [18] [19] [Notes 2] Under the Constitution of 1925, birth abroad indicated that a child could have birthright nationality if either their mother or father was in service to the nation. [22] Children of diplomats were not required to reside in Chile, but other children born abroad could acquire Chilean citizenship, if their parents were Chilean, by settling in Chile. [8] Children born within Chile to foreigners or Chilean parents could derive nationality from their parents by taking up residence in the country. In the case that the child's parents were foreigners, it had to declare within reaching majority, its intent to choose Chilean nationality. [23] The 1925 Constitution excluded from birthright nationality children born in the territory to foreign parents who were in service to other governments and children born to transient migrants. It also specified for the first time that nationality could be lost in Article 6 by having another nationality or assisting an enemy of the state. [24]

As nationality was deemed a personal right, a change in nationality of one spouse, or the state of marriage, did not impact the other spouse under Chilean law, [25] unless by marriage to a foreigner another nationality was automatically acquired. If marriage bestowed another nationality, Chilean nationality automatically was canceled. [26] A foreign woman who married a Chilean national and lost her nationality because of the marriage as proscribed by foreign law after 1928 could be issued a passport, which did not signify recognition of Chilean nationality. [27] A change in 1957 amended the constitution to allow dual nationality for Spanish nationals or in the case that obtaining another nationality was not a voluntary act. During the dictatorship of Augusto Pinochet, Decree 175, issued in 1973, allowed for nationality to be revoked for engaging in activities from abroad which opposed his regime. [24] This act was incorporated into the Constitution of 1980, but extended revocation of nationality for opposition to Pinochet to encompass nationals residing anywhere. [28] Under the 1980 Constitution, the age for majority was lowered from 21 years of age to 18 and derived nationality for children born abroad was extended to include grandparents, if at least one of them was born in Chile. [29] From 2005, Chilean nationality did not depend on renouncing any other nationality. [30]

Notes

  1. ↑ The other three were Argentina, Paraguay, and Uruguay. [11] [10]
  2. ↑ Lepin Molina states residencia (residence) per Article 133; [18] however, the Chilean Code also uses the term domicilio (domicile) in Article 71: "La mujer casada no divorciada sigue el domicilio del marido, miéntras éste reside en Chile". [The undivorced married woman follows the husband's domicile, while he resides in Chile.] [19] Chilean interpretation of domicile is that it is the permanent residence which defines not only one's civil address for establishing the jurisdiction of rights to which they are entitled, but also for establishing the jurisdiction for their relationship to the state. [20] Article 60 of the code specifies "La constitución i efectos del domicilio político pertenecen al Derecho Internacional". [The constitution and effects of the political domicile pertain to international law.] [21]

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Guatemalan nationality law is regulated by the 1985 Constitution, as amended in 1995, and the 1966 Nationality Law, as amended in 1996. These laws determine who is, or is eligible to be, a citizen of Guatemala. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Guatemalan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Guatemala; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Guatemalan nationality. It can also be granted to a permanent resident who has lived in Guatemala for a given period of time through naturalization.

Nicaraguan nationality law is regulated by the Constitution, the General Law for Migration and Foreigners, Law No. 761 and relevant treaties to which Nicaragua is a signatory. These laws determine who is, or is eligible to be, a citizen of Nicaragua. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nicaraguan nationality is typically obtained either on the principle of jus soli, i.e. by birth in Nicaragua; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Nicaraguan nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.

Bolivian nationality law is regulated by the 2009 Constitution. This statute determines who is, or is eligible to be, a citizen of Bolivia. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Bolivian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Bolivia; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Bolivian nationality. It can also be granted to a permanent resident who has lived in Bolivia for a given period of time through naturalization.

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Costa Rican nationality law is regulated by the Options and Naturalizations Act, which was originally named the Immigration and Naturalization Act and established under the 1949 Constitution. These laws determine who is, or is eligible to be, a citizen of Costa Rica. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Costa Rican nationality is typically obtained either on the principle of jus soli, i.e. by birth in Costa Rica; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Costa Rican nationality. It can also be granted to a permanent resident who has lived in Costa Rica for a given period of time through naturalization.

Dominican Republic nationality law is regulated by the 2015 Constitution, Law 1683 of 1948, the 2014 Naturalization Law #169-14, and relevant treaties to which the Dominican Republic is a signatory. These laws determine who is, or is eligible to be, a citizen of the Dominican Republic. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Nationality in the Dominican Republic is typically obtained either on the principle of jus soli, i.e. by birth in the Dominican Republic; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Dominican nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.

Salvadoran nationality law is regulated by the Constitution; the Legislative Decree 2772, commonly known as the 1933 Law on Migration, and its revisions; and the 1986 Law on Foreigner Issues. These laws determine who is, or is eligible to be, a citizen of El Salvador. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Salvadoran nationality is typically obtained either on the principle of jus soli, i.e. by birth in El Salvador; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Salvadoran nationality. It can also be granted to a citizen of any Central American state, or a permanent resident who has lived in the country for a given period of time through naturalization.

Honduran nationality law is regulated by the Constitution, the Migration and Aliens Act, the 2014 Law on Protection of Honduran Migrants and their Families and relevant treaties to which Honduras is a signatory. These laws determine who is, or is eligible to be, a citizen of Honduras. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Honduran nationality is typically obtained either on the principle of jus soli, i.e. by birth in Honduras; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Honduran nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.

Panamanian nationality law is regulated by the 1972 Constitution, as amended by legislative acts; the Civil Code; migration statues, such as Law Decree No. 3 of 2008; and relevant treaties to which Panama is a signatory. These laws determine who is, or is eligible to be, a citizen of Panama. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Panamanian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Panama; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Panamanian nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.

East Timorese nationality law is regulated by the 2002 Constitution, the Nationality Act of the same year, the regulation of the Nationality Act Decree-Law No. 1 of 2004, as well as various international agreements to which East Timor has been a signatory. These laws determine who is, or is eligible to be, a national of East Timor. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. East Timorese nationality is typically obtained either on the principle of jus soli, i.e. by birth in East Timor; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with East Timorese nationality. It can also be granted to a permanent resident who has lived in East Timor for a given period of time through naturalization.

References

  1. 1 2 Who's a Chilean? by Mario Sznajder
  2. ↑ Boll 2007, p. 66-67.
  3. ↑ Honohan & Rougier 2018, p. 338.
  4. ↑ Guerry & Rundell 2016, p. 73.
  5. ↑ "Opción a la nacionalidad". Departamento de Extranjería y Migración. Retrieved 2020-06-29.
  6. ↑ "Chilean citizenship".
  7. ↑ Hale 1897, p. 54.
  8. 1 2 3 4 5 Echeverría 2016, p. 4.
  9. ↑ Echeverría 2016, p. 2.
  10. 1 2 Stratton 1992, p. 203.
  11. ↑ Stevens 1933, p. 2.
  12. ↑ Echeverría 2016, p. 3.
  13. ↑ Vetancourt Aristeguieta 1959, pp. 131, 133–135.
  14. ↑ Vetancourt Aristeguieta 1959, pp. 130–131.
  15. ↑ Vetancourt Aristeguieta 1959, p. 132.
  16. ↑ Lepin Molina 2016, p. 77.
  17. ↑ Lepin Molina 2016, pp. 78–79.
  18. 1 2 Lepin Molina 2016, p. 79.
  19. 1 2 Bello 1855, p. 19.
  20. ↑ Biblioteca del Congreso Nacional de Chile 2017.
  21. ↑ Bello 1855, p. 16.
  22. ↑ Vetancourt Aristeguieta 1959, p. 139.
  23. ↑ Stevens 1933, p. 10, Part II.
  24. 1 2 Echeverría 2016, p. 5.
  25. ↑ Stevens 1933, pp. 10–12, Part II.
  26. ↑ Ribera Neumann 2002, pp. 18–19.
  27. ↑ Stevens 1933, p. 11, Part II.
  28. ↑ Echeverría 2016, p. 6.
  29. ↑ Echeverría 2016, p. 7.
  30. ↑ Echeverría 2016, p. 8.

Bibliography

See also

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