Naturalized - Biblioteka.sk

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Naturalized
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United States service members are sworn in as citizens of the United States aboard the USS Midway in 2009

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.

Zdroj:https://en.wikipedia.org?pojem=Naturalized
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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]
United Kingdom 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