Naturalization

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Service members are sworn in as citizens aboard the USS Midway in 2009 US Navy 090528-N-3207B-034 Sailors, Marines, Soldiers and Airmen recite the pledge of allegiance during a naturalization ceremony at the USS Midway Museum.jpg
Service members are sworn in as citizens aboard the USS Midway in 2009

Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. [1] It may be done automatically by a statute, i.e., without any effort on the part of the individual, or it may involve an application or a motion and approval by legal authorities. [2] The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws, [3] taking and subscribing to the 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, most 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.

Contents

The massive increase in population flux due to globalization and the sharp increase in the numbers of refugees following World War I created many stateless persons, people who were not citizens of any state. In some rare cases, laws for mass naturalization were passed. As naturalization laws had been designed to cater for the relatively few people who had voluntarily moved from one country to another (expatriates), many western democracies were not ready to naturalize large numbers of people. This included the massive influx of stateless people which followed massive denationalizations and the expulsion of ethnic minorities from newly created nation states in the first part of the 20th century, but they also included the mostly aristocratic Russians who had escaped the 1917 October Revolution and the war communism period, and then the Spanish refugees. As Hannah Arendt pointed out, internment camps became the "only nation" of such stateless people, since they were often considered "undesirable" and were stuck in an illegal situation, wherein their country had expelled them or deprived them of their nationality, while they had not been naturalized, thus living in a judicial no man's land.

Since World War II, the increase in international migrations created a new category of migrants, most of them economic migrants. For economic, political, humanitarian and pragmatic reasons, many states passed laws allowing a person to acquire their citizenship after birth, such as by marriage to a national – jus matrimonii – or by having ancestors who are nationals of that country, in order to reduce the scope of this category. However, in some countries this system still maintains a large part of the immigrant population in an illegal status, albeit with some massive regularizations, for example, in Spain by José Luis Zapatero's government and in Italy by Berlusconi's government.

Laws by country

Australia

In the early days, the White Australia policy was followed. Aimed initially at blocking Chinese migrants, it meant that people not of European descent were not allowed to immigrate to Australia. [4]

People's Republic of China

The People's Republic of China gives citizenship to people with one or two parents with Chinese nationality who have not taken residence in other countries. The country also gives citizenship to people born on its territory to stateless people who have settled there. Furthermore, individuals may apply for nationality if they have a near relative with Chinese nationality, if they have settled in China, or if they present another legitimate reason. [5] In practice, few people gain Chinese citizenship; as of 2010, China had only 1,448 naturalised Chinese in total. [6]

The naturalization process starts with a written application. Applicants must submit three copies, written with a ball-point or fountain pen, to national authorities, and to provincial authorities in the Ministry of Public Security and the Public Security Bureau. Applicants must also submit original copies of a foreign passport, a residence permit, a permanent residence permit, and four two-and-a-half inch long pictures. According to the conditions outlined in the Nationality Law of the People's Republic of China, authorities may also require "any other material that the authority believes are related to the nationality application". [7]

France

People who fulfil all of the following criteria can obtain French citizenship through naturalisation: [8]

The fee for naturalisation is €55, except in French Guiana, where it is €27.50.

Germany

Criteria

People who fulfil all of the following criteria can obtain German citizenship through naturalisation: [9]

  • At least 8 years' residence in Germany with a valid residence permit. This minimum period is reduced for the following:
    • 7 years for people who have successfully completed an official integration course;
    • 3 years for spouses and registered same-sex partners of a German citizen (must have been married or in the registered partnership for at least 2 years at the time of application).
  • Declaring allegiance to the German Constitution;
  • Sufficient command of the German language;
  • No serious criminal convictions.

Fee

The dependent minor children of an applicant for naturalisation may also themselves become naturalised German citizens.

The fee for standard naturalisation is €255, while it is €51 per dependent minor child naturalised along with their parent. The fee may be waived in cases of extreme hardship or public interest.

Loss of previous citizenship

People who naturalise as German citizens must usually give up their previous nationality, as German law takes a restrictive approach to multiple citizenship. Exceptions are made for:

  • EU and Swiss citizens, provided that the law of their country of origin does not prohibit the acquisition of another citizenship;
  • Citizens of countries where renouncing one's citizenship is too difficult or humiliating (e.g. Afghanistan), prohibitively expensive (e.g. the United States) or legally impossible (e.g. Argentina).

Grenada

The Grenadian Government grants citizenship of Grenada for the following reasons:

India

The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 [10] in Part II of the Constitution of India. Relevant Indian legislation is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, [11] and Citizenship (Amendment) Ordinance 2005. [12] The Citizenship (Amendment) Act 2003 received the assent of the President of India on 7 January 2004 and came into force on 3 December 2004. The Citizenship (Amendment) Ordinance 2005 was promulgated by the President of India and came into force on 28 June 2005.[ citation needed ]

Following these reforms, Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).[ citation needed ]

In 2019, a Citizenship Amendment Act was passed by the Parliament of India. This Act aims at fast tracking citizenship for illegal immigrants who have entered India on or before 31st December, 2014 from the neighbouring countries of Pakistan, Afghanistan and Bangladesh. [13]

Italy

The Italian Government grants Italian citizenship for the following reasons. [14]

Indonesia

Indonesian nationality is regulated by Law No. 12/2006 (UU No. 12 Tahun 2006). The Indonesian nationality law is based on jus sanguinis and jus soli. The Indonesian nationality law does not recognize dual citizenship except for people under the age of 18 (single citizenship principle). After reaching 18 years of age individuals are forced to choose one citizenship (limited double citizenship principle). [15]

A foreign citizen can apply to become an Indonesian citizen with the following requirements:

Any application for citizenship is granted by the President of Indonesia.

Israel

Israel's Declaration of Independence was made on 14 May 1948, the day before the British Mandate was due to expire as a result of the United Nations Partition Plan. [16] The Israeli parliament created two laws regarding immigration, citizenship and naturalization: the Law of Return and the Israeli nationality law. [17] The Law of Return, enacted on July 15, 1950, gives Jews living anywhere in the world the right to immigrate to Israel. This right to immigrate did not and still does not grant citizenship. In fact, for four years after Israel gained independence, there were no Israeli citizens. [17]

On July 14, 1952, the Israeli parliament enacted the Israeli Nationality Law. [17] The Nationality Law naturalized all citizens of Mandated Palestine, the inhabitants of Israel on July 15, 1952, and those who had legally resided in Israel between May 14, 1948, and July 14, 1952. The law further clarified that naturalization was available to immigrants who had arrived before Israel's creation, immigrants who arrived after statehood was granted, and those who did not come to Israel as immigrants but have since expressed desire to settle in Israel, with restriction. Naturalization applicants must also meet the following requirements: be over 18 years of age, have resided in Israel for three out of the five preceding years, have settled or intend to settle permanently in Israel, have some knowledge of Hebrew, and have renounced prior nationality or demonstrated ability to renounce nationality after becoming a citizen of Israel. [17]

Because of Israel's relatively new and culturally mixed identity, Israel does not grant citizenship to people born on Israeli soil. Instead, the government chose to enact a jus sanguinis system, with the naturalization restrictions listed above. There is currently no legislation on second-generation immigrants (those born in Israel to immigrant parents). Furthermore, foreign spouses can apply for citizenship through the Minister of the Interior, but have a variety of restrictions and are not guaranteed citizenship. [18]

Luxembourg

People who fulfil all of the following criteria can obtain Luxembourg citizenship through naturalisation: [19]

Malaysia

Naturalisation in Malaysia is guided by the 1964 Malaysian Constitution. According to the law, those who want to be the country citizen should live in the country for a period of 10–12 years. The would-be-citizens are required to speak the Malay language as well submitting the identity cards of two Malaysians who recommend the applicant for citizenship. [20] As the Government of Malaysia does not recognise dual citizenship, those who seek naturalisation are needed to reside permanently in the country and renouncing their former country citizenship. [21]

The requirements are as follows: [22]

The Article 16 of 1957 Malaysian Constitution also stated a similar condition previously. [23]

Philippines

Commonwealth Act No. 473, the Revised Naturalization Law, approved June 17, 1939, provided that people having certain specified qualifications may become a citizen of the Philippines by naturalization. [24] Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements. [25] [26]

Russia

Naturalization in Russia is guided by articles 13 and 14 of the federal law “About Citizenship of Russian Federation” passed on May 31, 2002. Citizenship of Russia can be obtained in general or simplified order. To become a citizen in general order, one must be 18 years of age or older, continuously live in Russia as a permanent resident for at least five years (this term is limited to one year for valued specialists, political asylum seekers and refugees), have legal means of existence, promise to obey the laws and Constitution of Russia and be fluent in the Russian language.

There is also a possibility to naturalize in a simplified order, in which certain requirements will be waived. Eligible for that are people, at least one parent of whom is a Russian citizen living on Russian territory; people, who lived on the territories of the former Soviet republics but never obtained citizenships of those nations after they gained independence; people, who were born on the territory of RSFSR and formerly held Soviet citizenship; people married to Russian citizens for at least 3 years; people, who served in Russian Armed Forces under contract for at least 3 years; parents of mentally incapacitated children over 18 who are Russian citizens; participants of the State Program for Assisting Compatriots Residing Abroad; and some other categories. [27]

South Africa

Chapter 2 of the South African Citizenship Act, enacted on October 6, 1995, defines who is considered a naturalized citizen at the time of the act and also outlines the naturalization process for future immigrants. [28]

Any person who immediately prior to the commencement of the act had been a South African citizen via naturalization, had been deemed to be a South African citizen by registration, or had been a citizen via naturalization of any of the former states now composing South Africa is now considered to be a naturalized citizen of South Africa. [28]

Those wishing to apply for naturalization in the future must apply to the Minister of Home Affairs and must meet a slew of requirements. First, naturalization applicants must be over the age of 18 and must have been a permanent resident of South Africa for one year prior to application and for four out of the eight years prior to application. Applicants must also demonstrate good character and knowledge of the basic responsibilities and privileges of a South African citizen. The ability to communicate in one of the official languages of South Africa is also required. Applicants must show the intention to reside in South Africa after naturalization, and they are required to make a declaration of allegiance. [28] According to Article 3, subsection 3 of the South African constitution, national legislation must provide for the acquisition, loss and restoration of citizenship.

Being a naturalized South African citizen is a privilege, not a right. Even after meeting all the requirements and going through the naturalization process, the minister holds the right to deny citizenship. [29] Foreign spouses of South African citizens can apply for naturalization after two years of marriage, but is subject to potential denial of the minister. The minister can also grant citizenship to minors, if their parent applies for them. [28]

The minister also holds the power to revoke naturalization at any time for specific reasons listed in the Act. Reasons for revoking the naturalization certificate include marrying someone who is a citizen of another country and holding citizenship in another country, or applying for citizenship of another country without prior authorization for retention of citizenship. [29] If a permanent resident is denied naturalization, he or she must wait at least one year before reapplying. [28]

United Kingdom

There has always been a distinction in the law of England and Wales between the subjects of the monarch and aliens: the monarch's subjects owed the monarch allegiance, and included those born in his or her dominions (natural-born subjects) and those who later gave him or her their allegiance (naturalised subjects). Today, the requirements for naturalisation as a citizen of the United Kingdom depend on whether or not one is the spouse or civil partner of a citizen. An applicant who is a spouse or civil partner of a British citizen must:

For those not married to or in a civil partnership with a British citizen, the requirements are:

United States

"The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General." [30] In particular cases, however, federal judges may enjoin the Attorney General to confer U.S. nationality upon a person. [1] [3] The term "Attorney General" in the Immigration and Nationality Act (INA) includes any immigration judge or member of the Board of Immigration Appeals (BIA).

The INA states the following:

No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. [2]

A man taking the required citizenship oath of allegiance in front of U.S. government officials in New York City (1910). Usnaturalization.jpg
A man taking the required citizenship oath of allegiance in front of U.S. government officials in New York City (1910).
New citizens at a naturalization ceremony at Kennedy Space Center in Florida (2010). Naturalization ceremony at Kennedy Space Center.jpg
New citizens at a naturalization ceremony at Kennedy Space Center in Florida (2010).

The Naturalization Act of 1795 set the initial rules on naturalization: "free, White persons" who had been resident for five years or more. [31] An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization after only one year of residence in the United States. An 1894 law extended the same privilege to honorably discharged five-year veterans of the Navy or Marine Corps. Laws enacted in 1919, 1926, 1940, and 1952 continued preferential treatment provisions for veterans. [32]

Following the Spanish–American War in 1898, Philippine citizens were classified as U.S. nationals, and the 1917 Jones–Shafroth Act granted U.S. citizenship to natives of Puerto Rico. But the 1934 Tydings–McDuffie Act reclassified Filipinos as aliens, and set a quota of 50 immigrants per year, and otherwise applying the Immigration Act of 1924 to them.

The Magnuson Act repealed the Chinese Exclusion Act. During the 1940s, 100 annual immigrants from British India and the Philippines were allowed. The War Brides Act of 1945 permitted soldiers to bring back their foreign wives and established precedent in naturalization through marriage. The Immigration Act of 1965 finally allowed people from all nations to be given equal access to immigration and naturalization.

Illegal immigration became a major issue in the United States at the end of the 20th century. The Immigration Reform and Control Act of 1986, while tightening border controls, also provided the opportunity of naturalization for illegal aliens who had been in the country for at least four years. Today, lawful permanent residents of the United States are eligible to apply for U.S. citizenship after five years, [1] unless they continue to be married to a U.S. citizen, in which case they can apply after only three years of permanent residency. [33]

The Child Citizenship Act of 2000 streamlined the naturalization process for children adopted internationally. A child under age 18 who is adopted by at least one U.S. citizen parent, and is in the custody of the citizen parent(s), is now automatically naturalized once admitted to the United States as an immigrant or when legally adopted in the United States, depending on the visa under which the child was admitted to the United States. The Act also provides that the non-citizen minor child of a newly naturalized U.S. citizen, whether by birth or adoption, also automatically receives U.S. citizenship

Summary by country

The following list is a brief summary of the duration of legal residence before a national of a foreign state, without any cultural, historical, or marriage ties or connections to the state in question, can request citizenship under that state's naturalization laws.

CountryResidence requirementDual citizenshipNotesMain articleRef
Flag of Albania.svg  Albania 5 yearsYesContinuous residence Albanian nationality law [34]
Flag of Andorra.svg  Andorra 20 yearsNoContinuous residence as a permanent resident, unless the applicant has spent all of their mandatory education in Andorra in which case 10 years continuous as a permanent residence Andorran nationality law [35]
Flag of Angola.svg  Angola 10 yearsYesContinuous residence Angolan nationality law [36]
Flag of Argentina.svg  Argentina 2 yearsYesContinuous residence Argentine nationality law [37]
Flag of Armenia.svg  Armenia 3 yearsYes Armenian nationality law
Flag of Australia (converted).svg  Australia 4 yearsYesLegal residency in Australia, including one year as a permanent resident immediately prior to making an application Australian nationality law [38] [39]
Flag of Austria.svg  Austria 10–30 yearsNoExceptions for those born in Austria, citizens of another EEA country, refugees or "exceptionally integrated" in which case it is 6 years. Austrian nationality law [40]
Flag of Azerbaijan.svg  Azerbaijan 5 yearsYesThe applicant must be a fluent speaker of the Azerbaijani language. He has dual citizenship, but the authorities will not recognize his foreign citizenship . Azerbaijani nationality law
Flag of Belgium (civil).svg  Belgium 5 yearsYesContinuous residence Belgian nationality law [41]
Flag of Bangladesh.svg  Bangladesh 5 yearsYes Bangladeshi nationality law [42]
Flag of Barbados.svg  Barbados 5 years Barbadian nationality law [43] [44]
Flag of Belarus.svg  Belarus 7 yearsYes Belarusian nationality law [45]
Flag of Benin.svg  Benin 10 yearsYesBeninese nationality law
Flag of Belize.svg  Belize 5 yearsYesBelizean nationality law
Flag of Bhutan.svg  Bhutan 20 yearsNo Bhutanese nationality law [46]
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 8 yearsContinuous residence Bosnian nationality law [47]
Flag of Brazil.svg  Brazil 4 yearsYesUninterrupted residence. Brazilian nationality law [48]
Flag of Bulgaria.svg  Bulgaria 5 yearsPartialReduced to 3 years if the applicant is married to a Bulgarian national, was born in Bulgaria, or settled in the country before the age of 18. Citizens of the EU, EEA or Switzerland, as well as spouses of Bulgarian nationals, are not required to renounce their existing citizenship. Bulgarian nationality law [49]
Flag of Burkina Faso.svg  Burkina Faso 10 years Burkinabé nationality law [50]
Flag of Cambodia.svg  Cambodia 5 yearsYesCambodian nationality law
Flag of Canada (Pantone).svg  Canada 3 yearsYesThree out of five years as a permanent resident. Canadian nationality law [51]
Flag of Chile.svg  Chile 5 yearsYesContinuous residence Chilean nationality law
Flag of Colombia.svg  Colombia 5 yearsYesAs a permanent resident Colombian nationality law
Flag of Costa Rica.svg  Costa Rica 5–7 yearsYesRequires proven knowledge of Spanish language and Costa Rica's history, having a way of living, no criminal records and two witnesses.Costa Rican nationality law [52]
Flag of Croatia.svg  Croatia 8 yearsPartialContinuous residence; applicant must be a fluent Croatian speaker Croatian nationality law [53] [54]
Flag of Cuba.svg  Cuba YesForeigners can become naturalized citizens of Cuba since 2019.Cuban nationality law
Flag of Cyprus.svg  Cyprus 7 yearsYesor by using the "Naturalization of Investors in Cyprus by Exception", a government run cash-for-passport program. Cypriot nationality law [55] [56]
Flag of the Czech Republic.svg  Czech Republic 5 yearsYes5 years as permanent residence or 10 years residence. Czech nationality law [57]
Flag of Denmark.svg  Denmark 9 yearsYesContinuous residence Danish nationality law [58]
Flag of Egypt.svg  Egypt 10 yearsPartial Egyptian nationality law
Flag of El Salvador.svg  El Salvador 1–5 yearsYesSalvadoran nationality law
Flag of Estonia.svg  Estonia 8 yearsNoEight years residence out of which five years as a permanent residence. Estonian nationality law [59]
Flag of Finland.svg  Finland 5 yearsYesContinuous residence Finnish nationality law
Flag of Fiji.svg  Fiji 5 yearsFive years of lawful residence out of the previous 10 yearsFijian nationality law
Flag of France.svg  France 5 yearsYesContinuous residency. Two years continuous residency for applicants who have had at least two years of higher education leading to a master's degree or higher in France. No minimum residency requirement for applicants who have served in the French Army, rendered exceptional service to France, and some other cases. French nationality law
Flag of Georgia.svg  Georgia 10 yearsNoLawfully resided in Georgia for the last 10 consecutive years. Knows the official language of Georgia. Knows the history of Georgia and basic principles of law. Georgian nationality law [60]
Flag of Germany.svg  Germany 8 yearsPartialContinuous residence. 7 years for applicants who have successfully completed an official integration course; 3 years for applicants who are married to, or in a registered same-sex partnership with, a German citizen German nationality law
Flag of Greece.svg  Greece 7 yearsYes Greek nationality law [61]
Flag of Grenada.svg  Grenada 7 yearsYes Grenadian nationality law [62]
Flag of Hungary.svg  Hungary 8 yearsYesContinuous residence Hungarian nationality law [63]
Flag of Iceland.svg  Iceland 7 yearsYes Icelandic nationality law [64]
Flag of Iran.svg  Iran 5 yearsYesBecome 18 years old and 5 years legal residence in Iran. Iranian nationality law
Flag of Ireland.svg  Ireland 5 yearsYes Irish nationality law [65]
Flag of Israel.svg  Israel 5 yearsPartialTo naturalize, three years out of the previous five years of residence is required and must have the right to reside in Israel on a permanent basis. However, Jews around the world may obtain Israeli citizenship upon arrival by the Law of Return. Israeli citizenship law
Flag of Italy.svg  Italy 10 yearsYesThe residence has to be continuous. The law provide some cases in which there is a faster access to naturalization: three years if at least one grandparent was/is Italian, four years for EU nationals, five years for refugees or stateless people. Italian nationality law
Flag of Japan.svg  Japan 5 yearsNoContinuous residence; three years if married to a Japanese national. Japanese nationality law
Flag of Jordan.svg  Jordan 15 yearsYes Jordanian nationality law
Flag of Kazakhstan.svg  Kazakhstan 5 yearsNo Kazakhstani nationality law
Flag of Latvia.svg  Latvia 10 yearsYes, under certain conditions Latvian nationality law
Flag of Lebanon.svg  Lebanon Yes Lebanese nationality law
Flag of Liberia.svg  Liberia 2 yearsNoLiberian law allows members of other races to hold permanent residency status Liberian nationality law [66] [ incomplete short citation ]
Flag of Liechtenstein.svg  Liechtenstein 10 yearsYears spent in Liechtenstein under the age 20 count doubleLiechtenstein nationality law [67]
Flag of Lithuania.svg  Lithuania 10 yearsNoContinuous residence as a permanent resident; seven years if married to a Lithuanian national. Lithuanian nationality law [68]
Flag of Luxembourg.svg  Luxembourg 5 yearsYesTwelve months' continuous residence prior to applying for naturalization; three years' residence if married to a Luxembourgish citizen. The applicant must pass the Luxembourgish language examinations or have had at least 7 years of education in a Luxembourgish school. Luxembourgish nationality law [69]
Flag of Malawi.svg  Malawi 7 yearsFive years for a person who is of an African race or has Commonwealth or Malawian tiesMalawian nationality law
Flag of Malta.svg  Malta 5 yearsOr a government run cash-for-passport program. Maltese nationality law [70]
Flag of Mexico.svg  Mexico 5 yearsYesMexican nationality law
Flag of Moldova.svg  Moldova 10 yearsYesEight years for stateless citizens or recognised refugees Moldovan nationality law
Flag of Monaco.svg  Monaco 10 yearsNoContinuous residence Monégasque nationality law [71]
Flag of Montenegro.svg  Montenegro 10 yearNo Montenegrin nationality law s [72]
Flag of Mozambique.svg  Mozambique 5 yearsYesMozambican nationality law
Flag of Myanmar.svg  Myanmar N/ANoForeigners cannot become naturalized citizens of Myanmar Myanmar nationality law [73]
Flag of the Netherlands.svg  Netherlands 5 yearsPartialContinuous residence Dutch nationality law [74]
Flag of New Zealand.svg  New Zealand 5 yearsYesContinuous residence New Zealand nationality law [75]
Flag of North Macedonia.svg  North Macedonia 8 yearsNoContinuous residence Macedonian nationality law [76]
Flag of Norway.svg  Norway 7 yearsYesSeven years out of the previous 10 (with out-of-realm vacations of up to two months per year) as a permanent resident immediately before the application Norwegian nationality law [77]
Flag of Oman.svg  Oman 20 yearsNo Omani nationality law
Flag of Paraguay.svg  Paraguay 3 years Paraguayan nationality law [78]
Flag of Peru.svg  Peru 2 yearsYesContinuous residence Peruvian nationality law
Flag of the Philippines.svg  Philippines 5–10 yearsYesContinuous residence Philippine nationality law [24]
Flag of Poland.svg  Poland 10 yearsYesTen years residence or three years permanent residence Polish nationality law
Flag of Portugal.svg  Portugal 5 yearsYesContinuous residence Portuguese nationality law [79]
Flag of Romania.svg  Romania 8 yearsYes Romanian nationality law [80]
Flag of San Marino.svg  San Marino 30 yearsFifteen years for foreigners married to a citizen of San MarinoSammarinese nationality law
Flag of Russia.svg  Russia 5 yearsYesContinuous residence. Three years if married to a Russian citizen. One year for valued specialists and refugees. Russian nationality law [81]
Flag of Samoa.svg  Samoa 5 years Samoan nationality law [82]
Flag of Serbia.svg  Serbia 3 yearsYesContinuous residence Serbian nationality law [83]
Flag of Slovakia.svg  Slovakia 8 yearsPartial Slovak nationality law
Flag of Slovenia.svg  Slovenia 10 yearsYesTen years residence; five years continuous before the application. Slovenian nationality law [84]
Flag of Spain.svg  Spain 10 yearsPartialTwo to five years Spanish nationality law [85] [86] [87]
Flag of Somalia.svg  Somalia 7 yearsNo Somalian nationality law
Flag of South Korea.svg  South Korea 5 yearsPartialThree years continuous if married to a South Korean national South Korean nationality law [88]
Flag of Sweden.svg  Sweden 5 yearsYesFour years continuous for stateless people and refugees Swedish nationality law [89]
Flag of Switzerland.svg   Switzerland 10 yearsYesThe years between the age of eight and eighteen count double, while a minimum of six years' residence is required Swiss nationality law [90]
Flag of the Republic of China.svg  Taiwan 5 yearsPartial Nationality law of the Republic of China
Flag of Thailand.svg  Thailand 5 yearsNoContinuous residence; applicant must have knowledge of the Thai language. Residence and language requirememts are waived for spouses and children of Thai citizens. Thai nationality law [91]
Flag of Togo.svg  Togo 5 yearsNoTogolese nationality law
Flag of Tonga.svg  Tonga 5 years Tongan nationality law
Flag of Turkey.svg  Turkey 5 yearsYesContinuous residence; applicant must be a fluent speaker of the Turkish language. Turkish nationality law [92]
Flag of Tunisia.svg  Tunisia 5 yearsYesContinuous residence; applicant must be a fluent speaker of the Arabic language. Tunisia nationality law
Flag of Ukraine.svg  Ukraine 5 yearsYes Ukrainian nationality law
Flag of the United Arab Emirates.svg  United Arab Emirates 20 years, maybe reduced to 7No Emirati nationality law
Flag of the United Kingdom.svg  United Kingdom 5 yearsYesNon-EU/EEA/Swiss citizens must have indefinite leave to remain before applying for naturalisation. British nationality law
Flag of the United States.svg  United States 5 years, 3 years for spouses of U.S. citizensYesMust have been physically present in the US for at least 30 of the 60 months preceding the application; ineligible if absent for a continuous period of 6 months or more during these 60 months. United States nationality law
Flag of Uruguay.svg  Uruguay 5 yearsYesThree years if the applicant has a Uruguayan family member. Uruguayan nationality law
Flag of Uzbekistan.svg  Uzbekistan 5 yearsNoUzbekistani nationality law
Flag of Venezuela.svg  Venezuela 10 yearsYesNatural-born citizens of Spain, Portugal, Italy, Latin American or Caribbean country and have been legally living in Venezuela for 5 continuous years.Venezuelan nationality law

Mass naturalizations

A few rare mass naturalization processes have been implemented by nation states. In 1891, Brazil granted naturalization to all aliens living in the country. [93] In 1922, Greece massively naturalized all the Greek refugees coming from Turkey. The second massive naturalization process was in favor of Armenian refugees coming from Turkey, who went to Syria, Lebanon or other former Ottoman countries. Reciprocally, Turkey massively naturalized the refugees of Turkish descent or other ethnic backgrounds in Muslim creed from these countries during a redemption process.

Canada instituted a mass naturalization by Act of Parliament with the enactment of the Canadian Citizenship Act 1946.

After annexation of the territories east of the Curzon line by the Soviet Union in 1945, Soviets naturalized en masse all the inhabitants of those territories—including ethnic Poles, as well as its other citizens who had been deported into the Soviet Union, mainly to Kazakhstan. Those people were forcibly naturalized as Soviet citizens.[ citation needed ] Later on, Germany granted to the ethnic German population in Russia and Kazakhstan full citizenship rights. Poland has a limited repatriation program in place.

The most recent massive naturalization case resulted from the Argentine economic crisis in the beginning of the 21st century. Existing or slightly updated right of return laws in Spain and Italy allowed many of their diasporic descendants to obtain—in many cases to regain—naturalization in virtue of jus sanguinis , as in the Greek case. Hence, many Argentines acquired European nationality.

Since the Fourteenth Amendment to the United States Constitution grants citizenship only to those "born or naturalized in the United States, and subject to the jurisdiction thereof", and the original United States Constitution only grants Congress the power of naturalization, it could be argued that all acts of Congress that expand the right of citizenship are cases of mass naturalization. This includes the acts that extended U.S. citizenship to citizens of Puerto Rico, the United States Virgin Islands, Guam, and the Northern Mariana Islands, as well as the Indian Citizenship Act of 1924 which made all Native Americans citizens (most of them were previously excluded under the "jurisdiction" clause of the 14th Amendment).

In the eastern Malaysian state of Sabah, mass naturalisation also happened during the administration of United Sabah National Organisation (USNO) and Sabah People's United Front (BERJAYA's) Muslim-dominated political parties to increase the Muslim population in the territory by naturalising immigrants and refugees from the mainly-Muslim dominated areas of Mindanao and Sulu Archipelago of the Philippines and Sulawesi of Indonesia. [94] [95] [96]

In occupied territories

The mass naturalization of native people in occupied territories is illegal under the laws of war (Hague and Geneva Conventions). However, there have been many instances of such illegal mass naturalizations in the 20th century.[ citation needed ]

See also

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Canadian nationality law Canadian nationality

Canadian nationality is regulated by the Citizenship Act since 1977. The Act determines who is, or is eligible to be, a citizen of Canada. Having replaced the previous Canadian Citizenship Act in 1977, the Act has gone through four significant amendments, in 2007, 2009, 2015, and 2017.

Nationality law is the law in each country and in each jurisdiction within each country which defines the rights and obligations of citizenship within the jurisdiction and the manner in which citizenship is acquired as well as how citizenship may be lost. A person who is not a citizen of the country is generally regarded as a foreigner, also referred to as an alien. A person who has no recognised nationality or citizenship is regarded as stateless.

New Zealand nationality law

New Zealand nationality law determines who is and who is not a New Zealand citizen. The status of New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date, New Zealanders were only British subjects and New Zealand had the same nationality legislation as the United Kingdom and other Commonwealth countries.

Liberian nationality law

The Republic of Liberia was founded by freed African slaves from North America by the American Colonization Society and returned to establish a republic on African soil. Shortly after their arrival, they were met by the indigenous people that inhabited the land. The Nationality law is set forth in the Aliens and Nationality Law of 1973, based on its 1847 Constitution. Current citizenship laws explicitly state being Black as a prerequisite to citizenship. The first constitution allowed for women to transmit their nationality to their children, although multiple citizenship was not permitted nor is it permitted in revisions of the constitution.

History of British nationality law History of United Kingdom citizenship and related concepts

This article concerns the history of British nationality law.

German nationality law law in Germany

German nationality law is the law governing the acquisition, transmission and loss of German citizenship. The law is based on a mixture of the principles of jus sanguinis and jus soli. In other words, one usually acquires German citizenship if a parent is a German citizen, irrespective of place of birth, or by birth in Germany to parents with foreign nationality if certain requirements are fulfilled. Naturalization is also possible for foreign nationals after six to eight years of legal residence in Germany.

French nationality law law of being a French national

French nationality law is historically based on the principles of jus soli and jus sanguinis, according to Ernest Renan's definition, in opposition to the German definition of nationality, jus sanguinis, formalised by Johann Gottlieb Fichte.

Dutch nationality law

Dutch nationality law is based primarily on the principle of jus sanguinis and is governed by the Kingdom Act on the Netherlands nationality, which was signed by the monarch on 19 December 1984 and officially promulgated on 27 December 1984. Thus citizenship is conferred primarily by birth to a Dutch parent, irrespective of place of birth. Children born in the Netherlands to two foreign parents do not acquire Dutch citizenship at birth, unless special criteria are met.

Portuguese nationality law

Portuguese nationality law is the legal set of rules that regulate access to Portuguese citizenship, which is acquired mainly through descent from a Portuguese parent, naturalisation in Portugal or marriage to a Portuguese citizen.

Norwegian nationality law

Norwegian nationality law is based on the principle of jus sanguinis. In general, Norwegian citizenship is conferred by birth to a Norwegian parent, or by naturalisation in Norway.

Hungarian nationality law

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Turkish nationality law law of nationality in Turkey

Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior for appropriate action.

British nationality law Law of the United Kingdom concerning citizenship and other categories of British nationality

British nationality law details the conditions in which a person holds a type of British nationality. There are six different classes of British nationality, each with varying degrees of civil and political rights, due to the United Kingdom's historical status as a colonial empire.

Nationality, Immigration and Asylum Act 2002 United Kingdom legislation

The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.

Tanzanian nationality law

Tanzanian nationality law is the law which deals with citizenship and other forms of nationality. A Tanzanian citizen is anyone who is in possession of citizenship to the United Republic of Tanzania. Nationality law is mentioned in the Constitution of Tanzania.

Multiple citizenship, dual citizenship, multiple nationality or dual nationality, is a person's citizenship status, in which a person is concurrently regarded as a citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on the internal political life of the country and nationality is a matter of international dealings. There is no international convention which determines the nationality or citizenship status of a person. This is defined exclusively by national laws, which can vary and conflict with each other. Multiple citizenship arises because different countries use different, and not necessarily mutually exclusive, criteria for citizenship. Colloquially, people may "hold" multiple citizenship but, technically, each nation makes a claim that a particular person is considered its national.

Thai nationality law

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

Grenadian nationality law

The Grenadian nationality law is governed by the Grenada Citizenship Act 1976 and the Grenada Constitution of 1973.

References

  1. 1 2 3 8 U.S.C.   § 1101(a)(23) ("The term 'naturalization' means the conferring of nationality of a state upon a person after birth, by any means whatsoever."); 8 U.S.C.   § 1436 ("A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter....") (emphasis added).
  2. 1 2 8 U.S.C.   § 1427(a) ("Requirements of naturalization"); see also 8 U.S.C.   § 1429 ("Prerequisite to naturalization; burden of proof"); 8 U.S.C.   § 1452 ("Certificates of citizenship or U.S. non-citizen national status; procedure"); 8 U.S.C.   § 1503 ("Denial of rights and privileges as national").
  3. 1 2 "Justice Department Seeks to Revoke Citizenship of Convicted Felons Who Conspired to Defraud U.S. Export-Import Bank of More Than $24 Million". Office of Public Affairs. U.S. Dept. of Justice (DOJ). May 8, 2018. Retrieved 2019-01-18. See also, generally United States v. Lefsih, 867 F.3d 459 (4th Cir. 2017); Saliba v. Att'y Gen., 828 F.3d 182 (3d Cir. 2016); Al-Sharif v. United States Citizenship and Immigration Services, 734 F.3d 207 (3d Cir. 2013); In re Petition of Haniatakis, 376 F.2d 728 (3d Cir. 1967).
  4. "Fact sheet – Abolition of the 'White Australia' Policy". Archived from the original on 9 August 2018.
  5. Nationality Law of the People's Republic of China, GovHK.hk
  6. Who is Chinese? The upper Han, The Economist , 19 November 2016 (page visited on 19 November 2016).
  7. "Guide and Instructions of Naturalization of Chinese Nationality" Archived 2012-05-22 at the Wayback Machine , Hengyang, China website
  8. "Naturalisation". www.service-public.fr (in French). Retrieved 2019-07-02.
  9. "Becoming a German citizen by naturalization". Federal Ministry of the Interior, Building and Community. Retrieved 2019-07-02.
  10. Articles 5 to 11
  11. Citizenship (Amendment) Act 2003
  12. Citizenship (Amendment) Ordinance 2005
  13. "Parliament passes the Citizenship (Amendment) Bill 2019". pib.gov.in. Archived from the original on 16 December 2019. Retrieved 18 December 2019.
  14. "La cittadinanzaitaliana" (in Italian). integrazionemigranti.gov.it. Retrieved 12 July 2018.
  15. "Indonesia's New Immigration Law Confuses One and All". Jakarta Globe . Archived from the original on 2012-06-03. Retrieved 2012-06-15.
  16. "Zionists Proclaim New State of Israel; Truman Recognizes it and Hopes for Peace", New York Times , 15 May 1948
  17. 1 2 3 4 Warsoff, Louis A. "Citizenship in the State of Israel – a Comment", New York University Law Review 33(1958): 857–862. Web. 28 Nov. 2011
  18. Weil, Patrick. "Comparing Twenty-Five Nationality Laws." Citizenship Today: Global Perspectives and Practices. Washington, D.C.: Brookings Institution Press, 2001. 16–35. Print
  19. "Acquiring Luxembourgish nationality by naturalisation". guichet.public.lu. Retrieved 2019-04-25.
  20. "Malaysian Citizenship Requirements". USA Today . Retrieved 25 January 2017.
  21. "Application to Renounce Malaysia Citizenship". Ministry of Foreign Affairs, Malaysia . Retrieved 25 January 2017.
  22. "Application For Citizenship Under Article 19 Of The Federal Constitution – Aged 21 Years And Older". Malaysian National Registration Department. Archived from the original on 25 January 2017. Retrieved 25 January 2017. This is application for Malaysian citizenship by naturalisation.
  23. "Constitution of Malaysia 1957". CommonLii. Retrieved 25 January 2017.PD-icon.svgThis article incorporates text from this source, which is in the public domain.
  24. 1 2 Commonwealth Act No. 473 : Revised Naturalization Law, LAWPHIL Project, Arellano Law Foundation, 17 June 1939, retrieved 2008-10-06
  25. The Administrative Naturalization Law of 2000, Chan Robles Law Library, 8 June 2001, retrieved 2006-12-19.
  26. Rules and Regulations Implementing Republic Act No. 9139, Chan Robles Law Library, retrieved 2006-12-19.
  27. About Citizenship of Russian Federation Archived 2016-01-17 at the Wayback Machine , 31 May 2002 N 62-ФЗ
  28. 1 2 3 4 5 South African Citizenship Act. Pub. L. 1547. 6 Oct. 1995
  29. 1 2 "South African Citizenship Through Naturalization." Immigration Assistant. N.p., 21 July 2009. Web. 1 Dec. 2011.
  30. 8 U.S.C.   § 1421(a)
  31. Doug Coulson, Race, Nation, and Refuge: The Rhetoric of Race in Asian American Citizenship Cases (Albany: SUNY Press, 2017).
  32. Schulze, Lorine McGinnis (2003). Naturalization Records in the USA", Retrieved April 23, 2005
  33. "Citizenship Through Naturalization" Archived 2011-08-24 at the Wayback Machine , ImmigrationAmerica
  34. "Ligjet.org - Për shtetësinë shqiptare".
  35. "Afers Exteriors - Govern d'Andorra".
  36. Manby, Bronwen. "Citizenship Law in Africa: A Comparative Study" (PDF). Open Society Institute, 2010. Retrieved 2013-07-02.
  37. Argentine Citizenship, Juridico Virtual – Buenos Aires – Republica Argentina
  38. "Become an Australian citizen (by conferral): Permanent residents or New Zealand citizens". Australian Government. Dept of Home Affairs. Retrieved 3 January 2020. Residence requirement: We consider the amount of time you have lived in Australia in the last 4 years.
  39. Australian Citizenship Act 2007, The Department of Immigration and Border Protection
  40. "Archived copy" (PDF). Archived from the original (PDF) on 2013-11-01. Retrieved 2014-07-14.CS1 maint: archived copy as title (link)
  41. Possess several nationalities Archived 2012-04-27 at the Wayback Machine , Royaume de Bélgique – Affaires étrangères, Commerce extérieur et Coopération au Développement/Koninkrijk België – Buitenlandse Zaken
  42. Ko, Swan Sik (1990). Nationality and international law in Asian perspective. London: Martinus Nijhoff Publishers. ISBN   0-7923-0876-X.
  43. United Nations High Commissioner for Refugees. "Refworld - Barbados Citizenship Act, Cap. 186 (last amended 1982)". Refworld.
  44. Government of Barbados (30 November 1966). "Barbados Citizenship - CAP186". Immigration Department. Retrieved 3 July 2010.
  45. "Национальный правовой Интернет-портал Республики Беларусь".
  46. United Nations High Commissioner for Refugees. "Refworld - Bhutan Citizenship Act, 1985". Refworld.
  47. Law on Citizenship of Bosnia and Herzegovina
  48. "Brazilian Laws - the Federal Constitution - Individual and collective rights and duties".
  49. "Lex.bg - Закони, правилници, конституция, кодекси, държавен вестник, правилници по прилагане".
  50. United Nations High Commissioner for Refugees. "Refworld - Burkina Faso: Code des personnes et de la famille". Refworld.
  51. "Apply for citizenship: Who can apply". Government of Canada. Retrieved 16 June 2019.
  52. Tribunal Supremo de Elecciones. "Naturalización por residencia" (PDF). tse.go.cr. Retrieved 9 April 2018.
  53. The Government of the Republic of Croatia: Migration Policy
  54. "Zakon o hrvatskom državljanstvu".
  55. "Residency Permits in Cyprus (EU)" Elma Global, second-citizenship.org, as of 3 June 2017
  56. Yalman Onaran and Vernon Silver: "EU Passports for Sale in Cyprus Lure Rich Russians" bloomberg.com 11. Mai 2017
  57. "Immigration".
  58. Udlændinge-, Integrations- og Boligministeriet, Foreign citizens applying for Danish nationality – In English
  59. Riina Kindlam. "Citizenship". Archived from the original on 2010-08-27. Retrieved 2010-08-20.
  60. "Acquisition of georgian citizenship".
  61. "Code of Greek Citizenship (Part 1)".
  62. "New Regulations Governing Citizenship of Grenada".
  63. United Nations High Commissioner for Refugees. "Refworld - Hungary: Act LV of 1993 on Hungarian Citizenship". Refworld.
  64. "Icelandic Nationality Act". Ministry of the Interior.
  65. Irish Citizenship – Becoming a Citizen of Ireland, MovetoIreland.com
  66. "Landesverwaltung Liechtenstein". www.llv.li (in German). Retrieved 2017-10-22.
  67. "Migration Department - Granting of Citizenship of the Republic of Lithuania through Naturalisation".
  68. Le Droit De La Nationalite Luxembourgeoise
  69. "Malta slammed for cash-for-passport program" Politico, August 2016
  70. "Monaco citizenship requirements". Archived from the original on July 15, 2014.
  71. "Archived copy" (PDF). Archived from the original (PDF) on 2011-02-20. Retrieved 2011-05-14.CS1 maint: archived copy as title (link)
  72. "Myanmar Immigration Policies". eHow. Archived from the original on 29 November 2012. Retrieved 15 March 2012.[ better source needed ]
  73. "IND Verblijfwijzer". Archived from the original on 2008-03-28. Retrieved 2010-05-15.
  74. Residence Requirements, The Department of Internal Affairs of New Zealand
  75. "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-20. Retrieved 2010-05-18.CS1 maint: archived copy as title (link)
  76. Citizenship by application, UDI – Norwedian Directorate of Immigration
  77. "Institucional - Dirección General de Migraciones".
  78. Lei Orgânica 2/2018, a statue from July 5, 2018.
  79. "Romanian Citizenship · Romanian Passport".
  80. "Главная".
  81. "Samoa Immigration > Citizenship Services". Archived from the original on 2012-09-28. Retrieved 2014-07-14.
  82. "Državljanstvo".
  83. "Council of Europe".
  84. "Pages - Spanish Nationality".
  85. Nacionalidad por residencia
  86. Ute Müller: "Reiche Ausländer kaufen maßgeschneiderte Pässe für Europa" Welt.de from 13. January 2019
  87. Nationality Law, Ministry of Government Legislation
  88. You must have been living in Sweden for a certain period Archived 2011-01-07 at the Wayback Machine , Migrationsverket
  89. Regular naturalisation, Swiss Confederation
  90. ""Nationality Act, B.E. 2508" (PDF). Royal Government Gazette Vol. 129, Chapter 28. refworld.org. March 21, 2012. Sections 10-12.
  91. Turkish Nationality, Nüfus Müdürlüğü, My Merhaba.com
  92. Constituição Da República Dos EstadosUnidos Do Brasil (De 24 De Fevereiro De 1891) Archived 2013-08-04 at the Wayback Machine , Presidência da República – Casa Civil, art. 69
  93. Kamal Sadiq (2 December 2008). Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries. Oxford University Press. pp. 49–178. ISBN   978-0-19-970780-5.
  94. Nigel (16 August 2013). "Mustapha Bertanggungjawab Ubah Demografi Sabah". Sabah State Government (in Malay). Kudat Town Board. Archived from the original on 1 June 2016. Retrieved 1 June 2016.
  95. Faisal H. Hazis (2015). "Patronage, Power and Prowess: Barisan Nasional's Equilibrium Dominance in East Malaysia" (PDF). Universiti Kebangsaan Malaysia. Universiti Sains Malaysia. pp. 15/24. Archived from the original (PDF) on 19 June 2016. Retrieved 19 June 2016.

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