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Legal status of persons |
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Birthright |
Nationality |
Immigration |
Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth.[1] The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatically acquired (e.g. at birth) 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.
History
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.[2][3][4]
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. Examples include Spain under José Luis Rodríguez Zapatero's government, and Italy under Silvio Berlusconi's government.
Countries without a path to naturalization
Myanmar and Uruguay are currently the only countries in the world that deny immigrants any path to naturalization. Uruguayan legal citizenship has special characteristics. A person who acquires it retains their nationality of origin, which is determined by Uruguayan law to be that of their country of birth and therefore, is immutable. Legal citizens acquire political rights but do not acquire Uruguayan nationality as natural citizens do. According to Uruguayan law, those born in Uruguay or whose parents or grandparents are Uruguayan natural citizens are considered to be Uruguayan nationals.
As a result of Uruguay's unusual distinction between citizenship and nationality (it is the only country in the world that recognizes the right to citizenship without being a national), legal citizens have encountered problems with their Uruguayan passports at airports around the world since 2015. This is due to recommendations in the seventh edition of Doc. 9303 of the International Civil Aviation Organization (ICAO), which requires that travel documents issued by participating states include the "Nationality" field. The lack of a naturalization path means that the Nationality field in legal citizens' passports indicates their country of birth, which Uruguay assumes to be their nationality of origin. Many countries do not accept passports issued by a country that declares the holder to be a national of another country. As a consequence, it has severely curtailed legal citizens' exercise of the right to free movement, as their travel abroad is often difficult or downright impossible.[5]
Due to its current and narrow definition of nationality, Uruguay could be violating the sovereignty of other countries by assigning foreign nationalities in its official documents, thus overriding their powers. Some Uruguayan legal citizens may even, as a result of the application of a national law of a third nation and this Uruguayan interpretation, become de facto stateless.
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.
Country | Residence requirement | Residence requirement notes | Other notes | Multiple citizenship | Main article | Ref |
---|---|---|---|---|---|---|
Afghanistan | 5 years | No | Afghan nationality law | [6][7] | ||
Albania | 5 years | Continuous residence. | Yes | Albanian nationality law | [8][9] | |
Algeria | 7 years | Yes | Algerian nationality law | [10][11] | ||
Andorra | 20 years | Continuous permanent residence. Reduced to 10 years if all mandatory education completed in Andorra. | No | Andorran nationality law | [12][13] | |
Angola | 10 years | Continuous residence. | Yes | Angolan nationality law | [14] | |
Antigua and Barbuda | 7 years | Continuous residence. Reduced to 3 years if married to a citizen. | Yes | Antiguan and Barbudan nationality law | [15][16] | |
Argentina | 2 years | Continuous residence. | Yes | Argentine nationality law | [17] | |
Armenia | 3 years | Yes | Armenian nationality law | [18][19] | ||
Australia | 4 years | Lawful residence for 4 years including 12 months as permanent resident. | Yes | Australian nationality law | [20][21][22] | |
Austria | 10 years | Reduced to 6 years for people born in Austria, EU/EEA citizens, or those deemed "exceptionally integrated". Multiple nationalities allowed only by birth or with special permission. 10 years for refugees | Partial | Austrian nationality law | [23][24] | |
Azerbaijan | 5 years | No | Azerbaijani nationality law | [25] | ||
Bahamas | 10 years | No | Bahamian nationality law | [26][27] | ||
Bahrain | 10 years | No | Bahraini nationality law | [26][27] | ||
Bangladesh | 5 years | Partial | Bangladeshi nationality law | [28][29] | ||
Barbados | 5 years | Yes | Barbadian nationality law | [30][31][32] | ||
Belarus | 5 years | Yes | Belarusian nationality law | [33][34] | ||
Belgium | 5 years | Continuous residence. | Yes | Belgian nationality law | [35][36] | |
Belize | 5 years | Yes | Belizean nationality law | [37] | ||
Benin | 10 years | Yes | Beninese nationality law | [38] | ||
Bhutan | 20 years | Reduced to 15 years for those with citizen parent. | No | Bhutanese nationality law | [39][40] | |
Bolivia | 3 years | Uninterrupted residence. | Yes | Bolivian nationality law | [41][42] | |
Bosnia and Herzegovina | 8 years | Continuous residence. | Partial | Bosnian nationality law | [43][44] | |
Botswana | 10 years | No | Botswanan nationality law | [45][46] | ||
Brazil | 4 years | Uninterrupted residence. | Yes | Brazilian nationality law | [47][48] | |
British Overseas Territories | 5 years | Yes | British Overseas Territories citizenship | [49] | ||
Brunei | 10 years | No | Bruneian nationality law | [50] | ||
Bulgaria | 5 years | Reduced to 3 years if born in Bulgaria, married to a citizen, or settled in the country before age 18. | EU/EEA/Swiss citizens and spouses of Bulgarians can keep existing citizenship. | Partial | Bulgarian nationality law | [51][52] |
Burkina Faso | 10 years | Yes | Burkinabé nationality law | [53] | ||
Burundi | 10 years | Reduced to 5 years if married to a citizen. | Yes | Burundian nationality law | [54] | |
Cambodia | 7 years | Yes | Cambodian nationality law | [55] | ||
Cameroon | 5 years | No | Cameroonian nationality law | [56][57][58] | ||
Canada | 3 years | Three years' permanent residence required. Physical presence required for at least 1,095 days in the 5 years prior to application, with any time spent as a temporary resident counted as half, up to a maximum of 365 days. | Yes | Canadian nationality law | [59][60] | |
Cape Verde | 5 years | Yes | Cape Verdean nationality law | [61][62] | ||
Central African Republic | 35 years | Must have agriculture/property investments and have received a national honour. | Partial | Nationality law of the Central African Republic | [63] | |
Chad | 15 years | Yes | Chadian nationality law | [61] | ||
Chile | 5 years | Continuous residence. | Yes | Chilean nationality law | [64] | |
China | N/A | Permanent residence required. No specific residency period specified in law in mainland China. 7 years minimum residence required in Hong Kong and Macau. |
Must have parent or relative from China. | No | Chinese nationality law | [65] |
Colombia | 8 years | Migrant visa for 3 years, followed by permanent residence for 5 years. | Yes | Colombian nationality law | ||
Comoros | 10 years | Yes | Comorian nationality law | [66] | ||
Congo | 10 years | No | Republic of the Congo nationality law | [67] | ||
Costa Rica | 7 years | Yes | Costa Rican nationality law | [68] | ||
Croatia | 8 years | Continuous residence. | Partial | Croatian nationality law | [69][70][71] | |
Cuba | 5 years | Yes | Cuban nationality law | [72] | ||
Cyprus | 7 years | Reduced time period via citizenship by investment programme. | Yes | Cypriot nationality law | [73][74][75] | |
Czechia | 5 years | As permanent resident. Reduced to 3 years for EU citizens. | Yes | Czech nationality law | [76][77] | |
Democratic Republic of the Congo | 5 years | No | Democratic Republic of the Congo nationality law | [78] | ||
Denmark | 9 years | Continuous residence. | Yes | Danish nationality law | [79][80] | |
Djibouti | 10 years | No | Djiboutian nationality law | [81] | ||
Dominica | 7 years | Yes | Dominican nationality law | [82] | ||
Dominican Republic | 2 years | Partial | Dominican Republic nationality law | [83] | ||
East Timor | 10 years | No | East Timorese nationality law | [84][85] | ||
Ecuador | 5 years | Temporary residence for 2 years followed by permanent residence for 3 years. Reduced for those with Ecuadorian family members. Absences must be less than 90 days per year. | Yes | Ecuadorian nationality law | [86] | |
Egypt | 10 years | Partial | Egyptian nationality law | |||
El Salvador | Zdroj:https://en.wikipedia.org?pojem=Naturalized