Moldovan nationality law

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Moldovan Citizenship Act
Coat of arms of Moldova.svg
Parliament of Moldova
  • An Act relating to Moldovan citizenship
Enacted by Government of Moldova
Status: Current legislation

Moldovan nationality law dates back to June 2, 2000 and has been amended several times, with the latest modifications being made in 2014. It is based on the Constitution of Moldova (articles 17, 18 and 19). It is mainly based on Jus sanguinis.

Contents

Dual nationality is allowed, under certain conditions.

Under the law, there are provisions for citizenship to be acquired by:

Citizenship by birth

The Moldovan nationality law outlines several categories of persons who are entitled to citizenship;

In Moldova, up until 2023, followed the principle of unrestricted jus soli, and any person, regardless of their parents' citizenship status would acquire Moldovan nationality upon birth within the territory. However a modification in 2023 provided for a restricted jus soli law, which provides a permanent residency requirement for births on the territory. [1] However, those under international protection are exempt from that permanent residency requirement.

Moldova's jus soli law provides for the international law precedent where foundlings on the territory are entitled to Moldovan nationality, until proven otherwise until attainment of 18 years of age. [2]

A child born to at least one Moldovan parent abroad is also considered a Moldovan citizen by birth.

Citizenship by recognition

You may gain Moldovan citizenship by:

  1. Being born in the territory of the Republic of Moldova or by having a parent, or grandparent who was born there
  2. Having resided in Bessarabia, in the North Bukovina, Hertsa Region, and the M.A.S.S.R. before 28 June 1940, or by being a descendant of such a prior resident and having lawful and habitual residence in the Republic of Moldova.
  3. Having been deported from or having fled the Republic of Moldova since 28 June 1940, or being a descendant of such a deportee or refugee.

Citizenship by naturalisation

Citizenship may be granted to anyone who has reached the age of 18, and who meets one of the following criteria:

  1. Has resided in Moldova lawfully and habitually for the last ten years
  2. has been married to a citizen of Moldova for at least three years
  3. has resided lawfully and habitually for three years with parents or children (including adoptive) who are citizens of Moldova
  4. Has resided lawfully and habitually for five years before reaching the age of 18
  5. Is a stateless person or recognised refugee, who has been lawfully and habitually for at least 8 years

In addition they must fulfil the following criteria:

  1. Knows and observes the provisions of the Moldovan constitution
  2. Passed an exam in the national language
  3. Possesses legal sources of income

Dual citizenship

Moldova permits dual citizenship, for both born and naturalised citizens, however under Moldovan naturalisation law, there exists a category of citizens who may be required to renounce their citizenship. [3] Some countries, however, do not permit multiple citizenship e.g. adults who acquired Moldovan and Japanese citizenship by birth must declare, to the latter's Ministry of Justice, before turning 22, which citizenship they want to keep.

Controversy

On 28 September 2017, a new law allowing individuals to buy their citizenship for a fixed sum took effect. Moldovan pro-Russian president Igor Dodon tried to bring in investments from Russia stating that "The Moldovan passport could allow them to travel in Europe freely." [4] These provisions were repealed by a law that entered into force on September 1, 2020. [5]

Related Research Articles

<span class="mw-page-title-main">Naturalization</span> Process by which a non-national in a country acquires after birth the nationality of that country

Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved. Arguments for increasing naturalization include reducing backlogs in naturalization applications and reshaping the electorate of the country.

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<span class="mw-page-title-main">South African nationality law</span>

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<span class="mw-page-title-main">Portuguese nationality law</span>

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<span class="mw-page-title-main">Romanian nationality law</span>

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<span class="mw-page-title-main">Iranian nationality law</span>

Iranian nationality law contains principles of both jus sanguinis and jus soli.

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<span class="mw-page-title-main">Namibian nationality law</span>

Namibian nationality law is regulated by the Constitution of Namibia, as amended; the Namibian Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Namibia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation.

<span class="mw-page-title-main">Thai nationality law</span>

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<span class="mw-page-title-main">Emirati nationality law</span>

Emirati nationality law governs citizenship eligibility in the United Arab Emirates (UAE). The law is primarily jus sanguinis. Foreigners who meet certain criteria may be naturalized and granted citizenship. Gulf Cooperation Council citizens are allowed to live in the UAE without restriction and have the right of freedom of movement.

<span class="mw-page-title-main">Ugandan nationality law</span>

Ugandan nationality law is regulated by the Constitution of Uganda, as amended; the Uganda Citizenship and Immigration Control Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Uganda. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Ugandan nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Ugandan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or registration.

<span class="mw-page-title-main">Kenyan nationality law</span>

Kenyan nationality law is regulated by the Constitution of Kenya, as amended; the Kenya Citizenship and Immigration Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Kenya. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Kenyan nationality is typically obtained under the principle of jus soli, by being born in Kenya, or jus sanguinis, i.e. by birth in Kenya or abroad to parents with Kenyan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.

<span class="mw-page-title-main">Malawian nationality law</span>

Malawian nationality law is regulated by the Constitution of Malawi, as amended; the Malawian Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Malawi. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual and the nation. Malawian nationality is typically obtained under the principle of jus soli, i.e. by birth in Malawi, or jus sanguinis, born to a father with Malawian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

<span class="mw-page-title-main">Zambian nationality law</span>

Zambian nationality law is regulated by the Constitution of Zambia, as amended; the Citizenship of Zambia Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Zambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zambian nationality is typically obtained under the principals of jus soli, i.e. birth in Zambia, or jus sanguinis, i.e. by birth to parents with Zambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.

<span class="mw-page-title-main">Zimbabwean nationality law</span>

Zimbabwean nationality law is regulated by the Constitution of Zimbabwe, as amended; the Citizenship of Zimbabwe Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a Zimbabwean national. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zimbabwean nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Zimbabwean nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration, a process known elsewhere as naturalisation.

References

  1. https://www.legis.md/cautare/getResults?doc_id=137681&lang=ro [ bare URL ]
  2. https://www.legis.md/cautare/getResults?doc_id=137681&lang=ro [ bare URL ]
  3. "Moldova Dual Citizenship". Dual Citizenship Report. Archived from the original on 2019-04-11. Retrieved 2019-04-11.
  4. "Moldova Offers Passports to Cash-Rich Foreigners". Balkan Insight. 28 September 2017. Archived from the original on 29 September 2017. Retrieved 29 September 2017.
  5. "Moldovan parliament cancels 'citizenship for investment' law". 19 June 2020. Archived from the original on 8 November 2020. Retrieved 3 November 2020.