SPAIN
Normative references
Spanish Constitution of 27 December 1978 art. 11
Civil Code, Art. 17-28 (amended by Law 36/2002, of 8 October 2002)
Law 32/2002 of 5 July 2002 amending the Law 17/1999 on the condition of foreign military occupation
Nationality of origin
The Spanish Constitution of 1978, Article 11 refers to a law regarding the implementation procedures for the acquisition, preservation and loss of citizenship (nacionalidad), simply place the general prohibition against the deprivation of citizenship of the Spanish d 'origin. Another provision addresses the possibility of signing international treaties on the "dual citizenship" (doble nacionalidad) with the Spanish-American countries or other countries that have maintained special links with Spain, according to the principle of reciprocity.
The specific rules on the right to citizenship is contained in the Civil Code, Book One in the "People" in Title I "of Spaniards and foreigners" (Articles 17-28).
In particular, are of Spanish origin:
• the father or mother born in Spain;
• those born in Spain of foreign parents, if at least one of them was born in Spain, except children of diplomats or consular officials accredited in Spain;
• those born in Spain of foreign parents, if both do not have any nationality or the law of their countries of origin does not give citizenship to the child;
• those born in Spain whose paternity is not established. In this case born in national territory are considered minors whose first known residence is in Spain.
Where a subsidiary or birth in Spain are found after the age of eighteen years of age, the person does not automatically acquires Spanish citizenship of origin, but has two years to choose to do so.
In fact the opposite, ie where it is discovered after the lack of a basic requirement for the possession of Spanish nationality of origin, if, subject to its good faith, was considered a Spanish citizen for at least ten uninterrupted years, with regular registration at the civil status registers, maintains citizenship.
It is also a citizen of an alien origin, less than eighteen years, which is adopted by a Spaniard.
Citizenship by option
In addition to the cases of possession of the nationality of origin is possible, as mentioned before (determination of the birth or parentage in Spain after the age of eighteen years of age), opt for Spanish nationality, this possibility is, in fact, adopted for the majority, provided such option is exercised within two years following adoption.
The Civil Code also identifies two other categories that can exercise the right of option:
• people who are, or have been, subject to parental authority of a Spaniard;
• those whose father or mother born in Spain, have ever had Spanish citizenship. [10]
The declaration of option shall be made by the person, if an adult with full legal capacity to minors, provided more than fourteen years, has requested the assistance of a legal representative. For children under fourteen years, finally, you can only request made by a legal representative dell'optante authorized officer of the civil state of domicile of the applicant, hearing the opinion of the Public Ministry and in the interest of the subject.
In case of a declaration made directly by the person in possession of majority, is expected, even for people who have been subject to parental authority of a citizen, the period of two years to enforce the option, although that term does not apply If those who had a parent born in Spain and had been in the past, a Spanish national.
After a period of two years is however still possible to obtain citizenship, but through the "acquisition" of the same and after the requirement of "legal residence".
The acquisition of citizenship
Spanish nationality can be acquired in two ways: first by the issuance of "certificate of citizenship" (carta de naturaleza) by "Royal Decree", issued at the discretion of the competent authority, but only in cases where the applicant is in "exceptional circumstances", and secondly, in the most frequent, obtaining citizenship is the requirement of "residence in Spain," with permission of the Minister of Justice.
In both cases, the application must be submitted with the same criteria already listed for the option in favor of Spanish nationality, according to the age of the applicant.
The basic requirement for the application on the residency, is precisely that of "legal and continuous residence" in Spain for a period of 10 years as a general rule.
For this basic principle, however, some exceptions provided for:• For those who have been recognized as political refugees: 5 years of residence;
• for citizens of countries of origin, Hispanic-Americans, for those of Andorra, the Philippines, Equatorial Guinea, Portugal and the Sephardim: 2 years of residence;
• for those born in Spain: 1 year of residence;
• For those who are married to a Spanish citizen for at least a year and are not legally separated or fact: 1 year of residence;
• For those who are or have been subject to legal protection, custody or custody of a citizen or a Spanish institution for two consecutive years: 1 year of residence;
• for widows or widowers of a Spanish or Spanish, if the spouse's death there was no factual or legal separation: 1 year of residence;
• for those born outside Spain, but with a parent or grandparent who has in the past, the Spanish citizenship: 1 year of residence;
• For those who have not claimed in the past, the option for Spanish citizenship: 1 year of residence.
The question, addressed to the Minister of Justice, shall be filed at the register office where you can find the address of the applicant, accompanied by the various licenses required for the different cases listed above, and in any case, a certificate from the Directorate General of Police stating that the period of continuous legal residence in Spain.
The applicant must also demonstrate "good conduct civic and sufficient degree of integration into Spanish society."
In that respect are required, in addition to certificates concerning prior criminal record in Spain and in the country of origin, a certificate attesting to the enrollment in all roles Population and tax (certificado de empadronamiento), the alien must also demonstrate what his means of livelihood in Spain.
The Minister of Justice may dismiss the application for citizenship in a reasoned decision, for reasons of public policy od'interesse country. This act is challenged in administrative matters.
The granting of citizenship, either through option after obtaining a "certificate of citizenship or acquisition with residence in Spain, automatically lapse after 180 days if the person concerned, if it is greater than 14 years and have full capacity legal act, does not perform the following acts:
• declare or promise allegiance to the king and obedience to the Constitution and laws;
• claims to renounce his nationality of origin, except those coming from Spanish-American countries and from Andorra, the Philippines, Equatorial Guinea and Portugal, according to the possibility of "dual citizenship" provided for in Article 11 of the Constitution;
• Record the acquisition of Spanish nationality at the register office.
Finally, special provisions on the acquisition of Spanish nationality, not included in the Civil Code, have recently been introduced in the seventh additional provision of the Ley 52/2007, de 26 de diciembre, por la que se reconocen progressing y derechos y se establecen medidas en favor de quienes padecieron persecución or during the civil war violencia y la dictadura. [11]
The provisions of a temporary nature, permits the application of acquisition of Spanish citizenship, within a period of two years from the entry into force of the law, renewable for a further period not exceeding one year, by decision of the Council of Ministers, for the following two categories:
• people with a father or mother who were Spanish origin;
• grandchildren of those who lost or had to give up Spanish citizenship as a result of exile.
Loss and reacquisition of citizenship
Under the Civil Code lose their Spanish nationality who have become independent from their family of origin (emancipados), decides to reside abroad regularly, voluntarily acquire another citizenship or to use only foreign citizenship, who had prior emancipation.
The loss of Spanish citizenship comes after three years, calculated from the acquisition of new nationality or emancipation. Interested parties may, however, avoid losing the Spanish nationality if, within the time specified, say he wants to preserve before the officer of civil status. [12]
The acquisition of citizenship of an Ibero-American countries or Andorra, the Philippines, Equatorial Guinea and Portugal does not automatically entail the loss of Spanish citizenship because of the possibility of dual citizenship.
In any case they lose Spanish citizenship to those who expressly waive it or another and maintain their habitual residence abroad.
Those who are born and live abroad but are citizens of Spain as children of a Spanish mother or father, though born abroad, in turn, where the laws of the country recognized him as a nationality, in any case lose citizenship Spanish, unless they expressly state he wants to preserve before the officer of civil status within three years from the age of majority or emancipation. [13]
For those who are not citizens of Spanish origin, but for acquisition, loss of citizenship is in the following cases:
• When, for a period of three years, using only the citizenship to which they had waived his right to acquire the Spanish;
• when voluntarily enter the service of foreign armed forces or are of political office in a foreign state, against the express prohibition by the Spanish Government.
The final ruling stating that the person committed the crimes of falsity, concealment or fraud with respect to the acquisition of Spanish citizenship, produces the nullity of the act of acquisition, although the effects were not due to this ruling for the third persons possibly involved, provided to establish their good faith.
The legal proceedings for annulment may be initiated on its own motion, the prosecutor, whether as a result of complaint personnel, within a maximum period of fifteen years.
Those who have lost their Spanish nationality can still retrieve it, if he fulfills the following requirements and with these steps:
• have legal residence in Spain. This requirement shall not apply to immigrants or their children. In other cases it is possible in exceptional circumstances, obtain the exemption granted by the Minister of Justice;
• declare, before the officer of civil status, of wanting to get Spanish citizenship;
• enter the recovery of citizenship in the register of civil status.
In the above cases for annulment of the acquisition of Spanish citizenship, to falsehood, concealment or fraud in order to obtain the recovery or acquisition of citizenship is also required a special authorization issued by the Spanish government discretion.
________________________________________
[1] The updated text of the Law on Citizenship (Staatsangehörigkeitsgesetz), as last amended by Article 3 of the Law of 17 December 2008, is available at: http://bundesrecht.juris.de/bundesrecht/rustag/ gesamt.pdf.
[2] The updated text of the Immigration Act (Zuwanderungsgesetz) can be found at: http://217.160.60.235/BGBL/bgbl1f/bgbl104s1950.pdf.
[3] In place of the Aliens Act (Ausländergesetz), repealed by the new Immigration Act (Zuwanderungsgesetz) entered into force, the Residence Act (Aufenthaltsgesetz) of 30 July 2004, as last amended by Article 1a of Law December 22, 2008. The text of the Residence Act can be found at: http://bundesrecht.juris.de/bundesrecht/aufenthg_2004/gesamt.pdf.
[4] The full text of the Act is available in German, at: http://217.160.60.235/BGBL/bgbl1f/bgbl107s1970.pdf
[5] The Federal Ministry of the Interior, in cooperation with the Ministry of Foreign Affairs, periodically draw up a list of countries that do not allow renunciation of citizenship. Currently, Afghanistan, Algeria, Eritrea, Iran, Cuba, Lebanon, Morocco, Syria and Tunisia.
[6] http://www.opsi.gov.uk/acts/acts2002/20020008.htm
[7] http://www.opsi.gov.uk/acts/acts2002/20020041.htm
[8] http://www.opsi.gov.uk/acts/acts2002/20060013.htm
[9] http://www.lifeintheuktest.gov.uk
[10] This is one of the amendments to the Civil Code introduced by Law 36/2002. The declared purpose of the Act is to "facilitate the preservation and transmission of Spanish nationality, in accordance with the provisions of Article 42 of the Spanish Constitution, which commits the state in safeguarding economic and social rights of Spanish workers abroad and encourage their return home.
[11] attached text under "Documentation".
[12] This possibility was introduced by Law 36/2002, in order to enable interested parties to not lose their Spanish citizenship in a way, so to speak, automatically, that is only a result of the passage of a period of time.
[13] Although this provision was introduced by Law 36/2002, always with the intent to avoid the loss of citizenship automatically.
Showing posts with label Citizenship here is how it works in Europe. Show all posts
Showing posts with label Citizenship here is how it works in Europe. Show all posts
Sunday, November 8, 2009
Citizenship here is how it works in Europe - UNITED KINGDOM
UNITED KINGDOM
Normative references
British citizenship is regulated by the British Nationality Act 1981 came into force on 1 January 1983, some changes were introduced, among others, with the British Overseas Territories Act of 2002 [6], the Nationality, Immigration and Asylum Act 2002 [7], the Immigration, Asylum and Nationality Act of 2006 [8].
The discipline of citizenship
The institution of citizenship is articulated in different forms on three separate territorial areas: so that is covered not only British citizenship itself - on the United Kingdom, the Channel Islands and the Isle of Man - but also the British Dependent Territories Citizenship and British Overseas Citizenship. In the second and third cases, special rules are set down for citizenship.
Birth in the United Kingdom
It is a British citizen at birth if one parent is a British citizen or is authorized by the competent authority to reside permanently in the United Kingdom (known as settlement, "establishment"), that is no longer succumb to time limits of stay dictated immigration law (Immigration Act of 1971, as amended), nor be more so in an irregular situation.
When the time of birth of the child neither parent is a British citizen or is established in the United Kingdom, there are several ways to acquire citizenship.
First, if one parent later becomes a British citizen, or is entitled to establish (to settle) the child can apply for "naturalization" but before the age of majority.
The child may also apply if you have lived in the UK for the first 10 years after the birth, not being absent for more than 90 days in each of these years. In this case there are no time limits.
Naturalization of foreign nationals
If a person is married to a British citizen, the acquisition of citizenship is relatively simple. The applicant must prove that: he has the highest age is established (settled) in the UK (no matter when); lived there legally for at least 3 years and has not been absent from the country for more than 270 days in this period and for no longer than 90 days in the year preceding the application, satisfies a state of mental health (sound mind and good character) and integrity (in other words is in order for tax and criminal).
If a person is not married to a British citizen, the law imposes instead a set of requirements more onerous. The applicant must prove that: he has the highest age is established (settled) in the UK for at least 1 year; lived there legally for at least 5 years and has not been absent from the country for more than 450 days in this period and no more than 90 days in the year preceding the application, satisfies the above conditions of mental health and integrity; intends to continue living in the United Kingdom.
Since 1 November 2005, all applicants must: pass a test demonstrating adequate knowledge of English, Welsh or Scottish Gaelic (Entry 3 level of English for Speakers of Other Languages - ESOL), pass another test to demonstrate "sufficient knowledge of life in the United Kingdom", in the form of questions on social and civil institutions of the country for a total duration of 45 minutes [9] and local involvement to a "citizenship ceremony" in connection with the granting of itself, which provides for an oath ceremony (Oath and Pledge to the United Kingdom).
The two tests can be sustained after following special courses offered by accredited and are paid for the candidate.
The Ministry of Interior (Home Office) may refuse the application for citizenship in theory but not the obligation to give reasons, but the Court has required that it should convey, in principle, the reasons for the rejection and that applicants can submit comments before the final decision. There is no general right of appeal (right of appeal). Instead, you can submit a new application.
Under anti-terrorism legislation, the same ministry may decide to deprive a person of British citizenship if it had engaged in acts seriously prejudicial to the vital interests of the United Kingdom. This power is added to the revocation of citizenship, already foreseen in case of fraud, misrepresentation or concealment of facts.
In both cases it is possible the right of appeal.
Finally, it allowed the possession, by the person who receives the British nationality, other nationalities, provided this is permitted by the State of origin.
Normative references
British citizenship is regulated by the British Nationality Act 1981 came into force on 1 January 1983, some changes were introduced, among others, with the British Overseas Territories Act of 2002 [6], the Nationality, Immigration and Asylum Act 2002 [7], the Immigration, Asylum and Nationality Act of 2006 [8].
The discipline of citizenship
The institution of citizenship is articulated in different forms on three separate territorial areas: so that is covered not only British citizenship itself - on the United Kingdom, the Channel Islands and the Isle of Man - but also the British Dependent Territories Citizenship and British Overseas Citizenship. In the second and third cases, special rules are set down for citizenship.
Birth in the United Kingdom
It is a British citizen at birth if one parent is a British citizen or is authorized by the competent authority to reside permanently in the United Kingdom (known as settlement, "establishment"), that is no longer succumb to time limits of stay dictated immigration law (Immigration Act of 1971, as amended), nor be more so in an irregular situation.
When the time of birth of the child neither parent is a British citizen or is established in the United Kingdom, there are several ways to acquire citizenship.
First, if one parent later becomes a British citizen, or is entitled to establish (to settle) the child can apply for "naturalization" but before the age of majority.
The child may also apply if you have lived in the UK for the first 10 years after the birth, not being absent for more than 90 days in each of these years. In this case there are no time limits.
Naturalization of foreign nationals
If a person is married to a British citizen, the acquisition of citizenship is relatively simple. The applicant must prove that: he has the highest age is established (settled) in the UK (no matter when); lived there legally for at least 3 years and has not been absent from the country for more than 270 days in this period and for no longer than 90 days in the year preceding the application, satisfies a state of mental health (sound mind and good character) and integrity (in other words is in order for tax and criminal).
If a person is not married to a British citizen, the law imposes instead a set of requirements more onerous. The applicant must prove that: he has the highest age is established (settled) in the UK for at least 1 year; lived there legally for at least 5 years and has not been absent from the country for more than 450 days in this period and no more than 90 days in the year preceding the application, satisfies the above conditions of mental health and integrity; intends to continue living in the United Kingdom.
Since 1 November 2005, all applicants must: pass a test demonstrating adequate knowledge of English, Welsh or Scottish Gaelic (Entry 3 level of English for Speakers of Other Languages - ESOL), pass another test to demonstrate "sufficient knowledge of life in the United Kingdom", in the form of questions on social and civil institutions of the country for a total duration of 45 minutes [9] and local involvement to a "citizenship ceremony" in connection with the granting of itself, which provides for an oath ceremony (Oath and Pledge to the United Kingdom).
The two tests can be sustained after following special courses offered by accredited and are paid for the candidate.
The Ministry of Interior (Home Office) may refuse the application for citizenship in theory but not the obligation to give reasons, but the Court has required that it should convey, in principle, the reasons for the rejection and that applicants can submit comments before the final decision. There is no general right of appeal (right of appeal). Instead, you can submit a new application.
Under anti-terrorism legislation, the same ministry may decide to deprive a person of British citizenship if it had engaged in acts seriously prejudicial to the vital interests of the United Kingdom. This power is added to the revocation of citizenship, already foreseen in case of fraud, misrepresentation or concealment of facts.
In both cases it is possible the right of appeal.
Finally, it allowed the possession, by the person who receives the British nationality, other nationalities, provided this is permitted by the State of origin.
Citizenship here is how it works in Europe GERMANY
GERMANY
The German Basic Law (Grundgesetz) of 1949, Article 16, paragraph 1, establishes the principle of irrevocability of German citizenship, stating it lost only due to law and, if the person concerned manifests a contrary intention, only to prevent he becomes stateless. Between the transitional and final provisions of the Basic Law then there is Article 116 which gives the definition of "German", understood as "one who possesses German citizenship or who has been accepted as refugees or expulsion of German nationality or his spouse or descendant, in the territory of the German Reich second status of 31 December 1937 ". To those who were deprived of German citizenship between January 30, 1933 and 8 May 1945, for political, racial or religious, was again granted citizenship on the basis of an application for naturalization. The same possibility is also offered to the descendants. Are not considered no nationality who after the war have taken up residence in Germany and have not expressed a contrary intention.
The federal legislative framework relating to citizenship is contained mainly in the Law on Citizenship (Staatsangehörigkeitsgesetz - Stag) [1] on July 22, 1913 that, in recent years, has undergone three major reforms. The first, implemented by Law to reform the Law on Citizenship of 15 July 1999 and entered into force on 1 January 2000, introduced as a further condition for the acquisition of German citizenship, the principle of place of birth (jus soli or Geburtsortsprinzip ), in addition to the principle of parentage (jus sanguinis or Abstammungsprinzip).
With the Immigration Act (Zuwanderungsgesetz) [2] of 30 July 2004, entered into force on 1 January 2005, regulating the right to naturalization, previously contained nell'Ausländergesetz [3] has been almost fully transposed in some articles the Law on Citizenship.
Finally, Article 5 of the law implementing EU directives on asylum and residence (Gesetz zur Umsetzung von Aufenthalts asylrechtlichen-und Richtlinien der Europäischen Union) [4] of 19 August 2007, entry into force on 28 August 2007, has introduced a new mode of acquisition of German citizenship and has amended the law concerning the naturalization of foreigners residing in Germany.
As regards, more specifically, the manner of acquisition of German citizenship, the citizenship law, Article 3 provides that it can become a German citizen by birth, by adoption, for naturalization and, since the reform of 2007, If the person concerned has received treatment for a German citizen for a long period (Ersitzung).
Under the new provisions, in fact, may acquire German citizenship also the one who for twelve years was considered by the government as a citizen of the Federal Republic without being one (§ 3 paragraph 2). Purpose of the rule is to protect legal certainty, especially in cases in which German citizenship is a necessary condition for the exercise of additional rights, for example the right to vote and those relating to the discipline of civil servants.
The offices of the government where the law refers are to be found in the state and provincial authorities responsible for nationality (for Consular Affairs for the issuing of passports and identity cards for legal registration and civil status) . The status of a German citizen may be through the release of documents showing the German identity of the holder (passport or identity card), the voter registration for elections to national, regional and municipal authorities, taking ol'abilitazione in the civil service to a particular profession. This right extends to descendants.
Citizenship by birth and adoption
Under the principle of parentage (jus sanguinis or Abstammungsprinzip), a child acquires German citizenship at birth if at least one parent is a German citizen (§ 4, paragraph 1). E ', nevertheless, that the subsidiary is valid under federal law. If, for example, the German nationality is transmitted from the father and if he is not married to the mother of the child, you need the recognition (Anerkennung) or a finding of paternity (Festellung der Vaterschaft) before the child has reached the twenty-third year age.
Since 1 January 2000 will automatically acquire German citizenship not only children of German citizens, but also the children of foreigners born in Germany (jus soli or Geburtsortsprinzip), provided that at least one parent residing lawfully and habitually in the country for at least eight years and enjoys the right to remain indefinitely (unbefristetes Aufenthaltsrecht) or, if it is a Swiss citizen, is in possession of a residence permit (Aufenthaltserlaubnis) issued under the Agreement of 21 June 1999 between the European Community and its Member States the one hand, and the Swiss Confederation, concerning the freedom of movement (§ 4, paragraph 3).
A child of unknown parents (Findelkind) that is found in German territory is considered the son of German citizens until proven otherwise (§ 4, paragraph 2).
The acquisition of German citizenship is entered in the register of births (Geburtenregister) in which it was recorded the birth of the child (§ 4, paragraph 3).
Children born before 1 July 1993 by a German father and foreign mother may acquire German citizenship by declaration, to be completed before the completion of the twenty-third year of age, whether the recognition of paternity ol'accertamento apply for German law and if the child himself is lawfully and permanently resident in Germany for three years (§ 5).
Children who become German citizens under the principle of place of birth at the same time acquire the nationality of foreign parents. The completion of age have five years to declare their desire to maintain the German nationality or the country of origin of parents. This declaration must be in writing (§ 29, paragraph 1). If they choose to retain the nationality of their parents or do not make any official statement within the time allowed, they lose their German citizenship (§ 29, paragraph 2). If an intention to retain their German nationality must prove, within the own terms, having lost the foreign (paragraph 3). Immediately after the age of eighteen years old the person concerned is informed by the competent authorities on the conduct of the proceedings.
The requirement to renounce dual citizenship does not apply to children who have acquired German nationality under the principle of subsidiary. In this case, they obtain the citizenship of both parents.
Finally, paragraph 6 provides for the acquisition of citizenship through the adoption of a child (Annahme als Kind) by a German citizen. This right extends to his descendants.
Citizenship by naturalization
The law reform of 2007 changed the rules for naturalization (Einbürgerung) foreigners residing in Germany and has simplified the procedures.
The provisions on naturalization are mainly contained in Articles 8 to 16, from 36 to 38, 40b and 40c of the Law on Citizenship.
For those who are not German by birthright, but because they want to become settled in Germany, naturalization is the main way to acquire German citizenship. Naturalization does not happen automatically, but after a special request from the person concerned.
In the case of naturalization and permanent resident aliens fall regularly in Germany, foreign spouses of German citizens and children.
Under paragraph 10 of the Law on citizenship, an alien seeking naturalization must meet the following requirements:
• Eight years of permanent residence and office on the German territory [the term does not apply to foreign spouses and minor children, who may be naturalized for the applicant even if they reside legally in Germany for a shorter period of time (§ 1st, subparagraph 2), and no stops for trips abroad for up to six months (§ 12b, paragraph 1)];
• the possession of the capacity to act (minimum 16 years), in accordance with the provisions of Article 80, paragraph 1, of the Residence Act, or a legal representative;
• Compliance and compliance free and democratic order established in the German Basic Law;
• the right of unlimited residence permit or a permit issued under paragraph 4, paragraph 3, of the Law on citizenship or a valid residence permit issued by one of the purposes mentioned in Articles 16, 17, 20, 22, 23 , paragraph 1, 23a, 24 and 25, paragraph 3 to 5 of the Residence Act;
• the ability to ensure the maintenance of themselves and dependents, without recourse to social assistance (Sozialhilfe) or to unemployment benefit (Arbeitslosengeld II). With the reform of 2007, persons under the age of 23 years who aspire to naturalization should take care of themselves without resorting to the economic support provided in the Second Book of the Social Code (Safety base for people looking for work) and Twelfth Book of the Social Code (public assistance);
• the waiver or loss of citizenship of origin. The reform law of 19 August 2007 can, however, to all citizens of the European Union and Switzerland to maintain their nationality of origin (§ 12, paragraph 2);
• the absence of criminal convictions for having committed acts contrary to law or measures of correction and safety. The recent reform has tightened the limits for minor criminal offenses is excluded from the procedure for naturalization who has been sentenced to a penalty exceeding the 90 daily rates or a prison sentence of longer than three months;
• demonstration of sufficient knowledge of German;
• the knowledge of the German legal system and the social and living conditions in Germany in which the candidate for naturalization must comply.
Knowledge of German is an essential condition for obtaining citizenship and integrate into the fabric of society and politics. The reform of 2007 has established that to obtain naturalization the applicant must pass a written examination and oral German and achieve Zertifikat Deutsch, equivalent to level B1 of the Common European Framework of Reference for the learning of languages (for minors under 16 years is sufficient language skills appropriate to their age). Are excluded from this requirement prevented people from physical or mental illness.
Article 10, paragraph 3 of the Law on Citizenship provides that foreigners who have attended and successfully completed a course of integration (Integrationskurse) reduce by one year (from eight to seven) the minimum period of residence required to obtain naturalization. With the recent act amending the law on citizenship, the period may be further reduced to six years if the alien proves that he has made great efforts for integration, such as, for example, that it exceeded the B1 level of knowledge of German language required by law.
Finally, from September 1, 2008 is required to demonstrate knowledge of the German social and legal order and the conditions of life in Germany through passing a test for naturalization (Einbürgerungstest), which are still exempted persons prevented by physical illness or mental. For exam preparation courses are available to naturalization (Einbürgerungskurse) whose participation, however, is not mandatory (§ 10, paragraph 5).
The provisions relating to naturalization of aliens shall apply in the case of marriage or registered partnerships (Lebenspartnerschaft) with German citizens, this case that of "naturalization due" (Soll-Einbürgerung or In-der-Regel Einbürgerung) governed by § 9th. Naturalization is granted, subject to the conditions provided for in § 8, if it is lost or waiving the citizenship of origin, and demonstrate knowledge of living conditions in Germany and the German language. Even the minor children of spouses or partners registered aliens may be naturalized. In this case, the period of residence required to submit the corresponding application is reduced from eight to three years, while the duration of the marriage or registered partnership must be at least two years.
For those who are entitled to asylum under Article. 16a of the Basic Law, for recognized refugees under the Geneva Convention and to stateless persons the procedure is shorter, being six years of living adequate for obtaining citizenship.
I § § 13 and 14 of the Law on Citizenship of concern, finally, two more cases of "discretionary naturalization" (Kann-Einbürgerung or Ermessenseinbürgerung). These are, respectively, of the naturalization of former German nationals habitually resident abroad and their children legitimate adopters, and the naturalization of foreign citizens living abroad and maintain special links with Germany, justifying the naturalization .
Applications for naturalization may be submitted to the competent local authorities after the age of sixteen years of age.
According to § 38, paragraph 2, of the Law on Citizenship is required for naturalization fee of 255 euros. For children who are not economically independent of the amount is 51 euros.
In form, prepared by local authorities to apply for naturalization must be attached the following documents: a passport-size photos, a passport with a residence permit, birth certificate, marriage certificate, if it also required the naturalization of spouse, a document indicating the salary (Verdienstbescheinigung) and possibly a certificate from the employer, a certificate of the institute (legally recognized) certifying language skills.
Dual citizenship or multiple
In the current legislation remains valid on the general principle that is not allowed dual citizenship or multiple (Vermeidung von Doppelte Staatsangehörigkeit - Mehrstaatigkeit). Those who wish to acquire German citizenship through naturalization must, therefore, give up the home.
There are, however, the circumstances provided for in § 12 of the Law on Citizenship, representing an exception to the general rule, justified by the fact that sometimes you can not renounce their nationality, because the order of the country of origin had not been included or because the foreign state regularly rejects applications [5]. The law provides for exceptions in the case of very old people, refugees and political refugees, and if the waiver would result in the payment of particularly high interest rate or give rise to serious bias economic or balance sheet. Moreover, starting from 28 August 2007, the renunciation of original nationality is not required if the applicant is a citizen of one EU member state, Switzerland or another country with which the Federal Republic of Germany has concluded a convention of international law (§ 12, paragraphs 2 and 3). Also on the basis of the measures introduced in 2007, German citizens do not automatically lose their citizenship if acquired that of an EU member state, Switzerland or another country with which the Federal Republic of Germany has signed a international law (§ 25, paragraph 1).
German citizens who wish to acquire citizenship of another country without losing the home country may apply for permission to maintain the so-called German citizenship (Beibehaltungsgenehmigung) which may be granted at the discretion by the competent national authorities after weighing the public interests and private (§ 25, paragraph 2).
The German Basic Law (Grundgesetz) of 1949, Article 16, paragraph 1, establishes the principle of irrevocability of German citizenship, stating it lost only due to law and, if the person concerned manifests a contrary intention, only to prevent he becomes stateless. Between the transitional and final provisions of the Basic Law then there is Article 116 which gives the definition of "German", understood as "one who possesses German citizenship or who has been accepted as refugees or expulsion of German nationality or his spouse or descendant, in the territory of the German Reich second status of 31 December 1937 ". To those who were deprived of German citizenship between January 30, 1933 and 8 May 1945, for political, racial or religious, was again granted citizenship on the basis of an application for naturalization. The same possibility is also offered to the descendants. Are not considered no nationality who after the war have taken up residence in Germany and have not expressed a contrary intention.
The federal legislative framework relating to citizenship is contained mainly in the Law on Citizenship (Staatsangehörigkeitsgesetz - Stag) [1] on July 22, 1913 that, in recent years, has undergone three major reforms. The first, implemented by Law to reform the Law on Citizenship of 15 July 1999 and entered into force on 1 January 2000, introduced as a further condition for the acquisition of German citizenship, the principle of place of birth (jus soli or Geburtsortsprinzip ), in addition to the principle of parentage (jus sanguinis or Abstammungsprinzip).
With the Immigration Act (Zuwanderungsgesetz) [2] of 30 July 2004, entered into force on 1 January 2005, regulating the right to naturalization, previously contained nell'Ausländergesetz [3] has been almost fully transposed in some articles the Law on Citizenship.
Finally, Article 5 of the law implementing EU directives on asylum and residence (Gesetz zur Umsetzung von Aufenthalts asylrechtlichen-und Richtlinien der Europäischen Union) [4] of 19 August 2007, entry into force on 28 August 2007, has introduced a new mode of acquisition of German citizenship and has amended the law concerning the naturalization of foreigners residing in Germany.
As regards, more specifically, the manner of acquisition of German citizenship, the citizenship law, Article 3 provides that it can become a German citizen by birth, by adoption, for naturalization and, since the reform of 2007, If the person concerned has received treatment for a German citizen for a long period (Ersitzung).
Under the new provisions, in fact, may acquire German citizenship also the one who for twelve years was considered by the government as a citizen of the Federal Republic without being one (§ 3 paragraph 2). Purpose of the rule is to protect legal certainty, especially in cases in which German citizenship is a necessary condition for the exercise of additional rights, for example the right to vote and those relating to the discipline of civil servants.
The offices of the government where the law refers are to be found in the state and provincial authorities responsible for nationality (for Consular Affairs for the issuing of passports and identity cards for legal registration and civil status) . The status of a German citizen may be through the release of documents showing the German identity of the holder (passport or identity card), the voter registration for elections to national, regional and municipal authorities, taking ol'abilitazione in the civil service to a particular profession. This right extends to descendants.
Citizenship by birth and adoption
Under the principle of parentage (jus sanguinis or Abstammungsprinzip), a child acquires German citizenship at birth if at least one parent is a German citizen (§ 4, paragraph 1). E ', nevertheless, that the subsidiary is valid under federal law. If, for example, the German nationality is transmitted from the father and if he is not married to the mother of the child, you need the recognition (Anerkennung) or a finding of paternity (Festellung der Vaterschaft) before the child has reached the twenty-third year age.
Since 1 January 2000 will automatically acquire German citizenship not only children of German citizens, but also the children of foreigners born in Germany (jus soli or Geburtsortsprinzip), provided that at least one parent residing lawfully and habitually in the country for at least eight years and enjoys the right to remain indefinitely (unbefristetes Aufenthaltsrecht) or, if it is a Swiss citizen, is in possession of a residence permit (Aufenthaltserlaubnis) issued under the Agreement of 21 June 1999 between the European Community and its Member States the one hand, and the Swiss Confederation, concerning the freedom of movement (§ 4, paragraph 3).
A child of unknown parents (Findelkind) that is found in German territory is considered the son of German citizens until proven otherwise (§ 4, paragraph 2).
The acquisition of German citizenship is entered in the register of births (Geburtenregister) in which it was recorded the birth of the child (§ 4, paragraph 3).
Children born before 1 July 1993 by a German father and foreign mother may acquire German citizenship by declaration, to be completed before the completion of the twenty-third year of age, whether the recognition of paternity ol'accertamento apply for German law and if the child himself is lawfully and permanently resident in Germany for three years (§ 5).
Children who become German citizens under the principle of place of birth at the same time acquire the nationality of foreign parents. The completion of age have five years to declare their desire to maintain the German nationality or the country of origin of parents. This declaration must be in writing (§ 29, paragraph 1). If they choose to retain the nationality of their parents or do not make any official statement within the time allowed, they lose their German citizenship (§ 29, paragraph 2). If an intention to retain their German nationality must prove, within the own terms, having lost the foreign (paragraph 3). Immediately after the age of eighteen years old the person concerned is informed by the competent authorities on the conduct of the proceedings.
The requirement to renounce dual citizenship does not apply to children who have acquired German nationality under the principle of subsidiary. In this case, they obtain the citizenship of both parents.
Finally, paragraph 6 provides for the acquisition of citizenship through the adoption of a child (Annahme als Kind) by a German citizen. This right extends to his descendants.
Citizenship by naturalization
The law reform of 2007 changed the rules for naturalization (Einbürgerung) foreigners residing in Germany and has simplified the procedures.
The provisions on naturalization are mainly contained in Articles 8 to 16, from 36 to 38, 40b and 40c of the Law on Citizenship.
For those who are not German by birthright, but because they want to become settled in Germany, naturalization is the main way to acquire German citizenship. Naturalization does not happen automatically, but after a special request from the person concerned.
In the case of naturalization and permanent resident aliens fall regularly in Germany, foreign spouses of German citizens and children.
Under paragraph 10 of the Law on citizenship, an alien seeking naturalization must meet the following requirements:
• Eight years of permanent residence and office on the German territory [the term does not apply to foreign spouses and minor children, who may be naturalized for the applicant even if they reside legally in Germany for a shorter period of time (§ 1st, subparagraph 2), and no stops for trips abroad for up to six months (§ 12b, paragraph 1)];
• the possession of the capacity to act (minimum 16 years), in accordance with the provisions of Article 80, paragraph 1, of the Residence Act, or a legal representative;
• Compliance and compliance free and democratic order established in the German Basic Law;
• the right of unlimited residence permit or a permit issued under paragraph 4, paragraph 3, of the Law on citizenship or a valid residence permit issued by one of the purposes mentioned in Articles 16, 17, 20, 22, 23 , paragraph 1, 23a, 24 and 25, paragraph 3 to 5 of the Residence Act;
• the ability to ensure the maintenance of themselves and dependents, without recourse to social assistance (Sozialhilfe) or to unemployment benefit (Arbeitslosengeld II). With the reform of 2007, persons under the age of 23 years who aspire to naturalization should take care of themselves without resorting to the economic support provided in the Second Book of the Social Code (Safety base for people looking for work) and Twelfth Book of the Social Code (public assistance);
• the waiver or loss of citizenship of origin. The reform law of 19 August 2007 can, however, to all citizens of the European Union and Switzerland to maintain their nationality of origin (§ 12, paragraph 2);
• the absence of criminal convictions for having committed acts contrary to law or measures of correction and safety. The recent reform has tightened the limits for minor criminal offenses is excluded from the procedure for naturalization who has been sentenced to a penalty exceeding the 90 daily rates or a prison sentence of longer than three months;
• demonstration of sufficient knowledge of German;
• the knowledge of the German legal system and the social and living conditions in Germany in which the candidate for naturalization must comply.
Knowledge of German is an essential condition for obtaining citizenship and integrate into the fabric of society and politics. The reform of 2007 has established that to obtain naturalization the applicant must pass a written examination and oral German and achieve Zertifikat Deutsch, equivalent to level B1 of the Common European Framework of Reference for the learning of languages (for minors under 16 years is sufficient language skills appropriate to their age). Are excluded from this requirement prevented people from physical or mental illness.
Article 10, paragraph 3 of the Law on Citizenship provides that foreigners who have attended and successfully completed a course of integration (Integrationskurse) reduce by one year (from eight to seven) the minimum period of residence required to obtain naturalization. With the recent act amending the law on citizenship, the period may be further reduced to six years if the alien proves that he has made great efforts for integration, such as, for example, that it exceeded the B1 level of knowledge of German language required by law.
Finally, from September 1, 2008 is required to demonstrate knowledge of the German social and legal order and the conditions of life in Germany through passing a test for naturalization (Einbürgerungstest), which are still exempted persons prevented by physical illness or mental. For exam preparation courses are available to naturalization (Einbürgerungskurse) whose participation, however, is not mandatory (§ 10, paragraph 5).
The provisions relating to naturalization of aliens shall apply in the case of marriage or registered partnerships (Lebenspartnerschaft) with German citizens, this case that of "naturalization due" (Soll-Einbürgerung or In-der-Regel Einbürgerung) governed by § 9th. Naturalization is granted, subject to the conditions provided for in § 8, if it is lost or waiving the citizenship of origin, and demonstrate knowledge of living conditions in Germany and the German language. Even the minor children of spouses or partners registered aliens may be naturalized. In this case, the period of residence required to submit the corresponding application is reduced from eight to three years, while the duration of the marriage or registered partnership must be at least two years.
For those who are entitled to asylum under Article. 16a of the Basic Law, for recognized refugees under the Geneva Convention and to stateless persons the procedure is shorter, being six years of living adequate for obtaining citizenship.
I § § 13 and 14 of the Law on Citizenship of concern, finally, two more cases of "discretionary naturalization" (Kann-Einbürgerung or Ermessenseinbürgerung). These are, respectively, of the naturalization of former German nationals habitually resident abroad and their children legitimate adopters, and the naturalization of foreign citizens living abroad and maintain special links with Germany, justifying the naturalization .
Applications for naturalization may be submitted to the competent local authorities after the age of sixteen years of age.
According to § 38, paragraph 2, of the Law on Citizenship is required for naturalization fee of 255 euros. For children who are not economically independent of the amount is 51 euros.
In form, prepared by local authorities to apply for naturalization must be attached the following documents: a passport-size photos, a passport with a residence permit, birth certificate, marriage certificate, if it also required the naturalization of spouse, a document indicating the salary (Verdienstbescheinigung) and possibly a certificate from the employer, a certificate of the institute (legally recognized) certifying language skills.
Dual citizenship or multiple
In the current legislation remains valid on the general principle that is not allowed dual citizenship or multiple (Vermeidung von Doppelte Staatsangehörigkeit - Mehrstaatigkeit). Those who wish to acquire German citizenship through naturalization must, therefore, give up the home.
There are, however, the circumstances provided for in § 12 of the Law on Citizenship, representing an exception to the general rule, justified by the fact that sometimes you can not renounce their nationality, because the order of the country of origin had not been included or because the foreign state regularly rejects applications [5]. The law provides for exceptions in the case of very old people, refugees and political refugees, and if the waiver would result in the payment of particularly high interest rate or give rise to serious bias economic or balance sheet. Moreover, starting from 28 August 2007, the renunciation of original nationality is not required if the applicant is a citizen of one EU member state, Switzerland or another country with which the Federal Republic of Germany has concluded a convention of international law (§ 12, paragraphs 2 and 3). Also on the basis of the measures introduced in 2007, German citizens do not automatically lose their citizenship if acquired that of an EU member state, Switzerland or another country with which the Federal Republic of Germany has signed a international law (§ 25, paragraph 1).
German citizens who wish to acquire citizenship of another country without losing the home country may apply for permission to maintain the so-called German citizenship (Beibehaltungsgenehmigung) which may be granted at the discretion by the competent national authorities after weighing the public interests and private (§ 25, paragraph 2).
Citizenship here is how it works in Europe - FRANCE
Citizenship here is how it works in Europe
we become citizens in France, Germany, United Kingdom and Spain. The synthesis and the laws of reference
While discussing the reform of the citizenship law, may be useful to look at what happens in the rest of Europe.
Below find a summary of the rules to become citizens in France, Germany, United Kingdom and Spain, comes from a dossier of the Library Service of the Chamber of Deputies. If you are interested in the full texts of the laws of reference, click here.
FRANCE
Citizenship (National) is governed by the French Civil Code, Articles 17 to 33-2, and the Convention of the Council of Europe on 6 May 1963 on the reduction of cases of multiple nationality, which are signatories to Austria, Belgium , Denmark, France, Germany, Italy, Luxembourg, Norway, Holland and Sweden.
In France, citizenship may be acquired in three different ways.
The first includes the acquisition by parentage (jus sanguinis) than by birth (jus soli).
The second mode of acquisition is the marriage with a citizen or a French national.
The third is produced following a decision by the French authorities (naturalization).
Parentage or birth
Regarding the award for parentage and French's son, legitimate or natural, of a couple in which at least one parent is French (art. 18 CC).
Similarly, the French subsidiary is also less subject to full adoption by a Frenchman. Citizenship is not it instead to the child who is the subject of an adoption easier. He may, however, until the age of majority, to claim French nationality by declaration, but resident in France at the time of the latter. The residence requirement is suspended if the parents do not reside in France.
The nationality may also be requested by a child abandoned in France and raised by a French national or entrusted to social care services for children, provided they have received an education guided by values and national culture for at least five years.
Regarding the acquisition by birth, and French's son, legitimate or natural, born in France, where at least one parent was born there, whatever his nationality (article 19-3 cc).
The mere emergence on the national territory is irrelevant to the allocation of citizenship to children unless the children of stateless parents or strangers or do not transmit their nationality.
Furthermore, by virtue of the amending law of the CC on 16 March 1998 has removed the regime of the will, every child born in France of foreign parents automatically acquire French citizenship at the age of majority if, at that time, has his residence in France or there has been habitually resident for a period, continuous or discontinuous, at least 5 years from the age of 11 years onwards. Public authorities and educational institutions are obliged to inform the persons concerned on the legislation on the matter (art. 21-7 cc).
The automatic acquisition can be anticipated in 16 years by the same applicant, signed a declaration before the competent authority, or may be claimed for him by his parents aged 13 years and with his consent, in which case the residence requirement usual 5-year period from the age of 8 years.
Marriage
French citizenship and open, with declaration to be signed before the competent authority, to any foreign national or stateless person who contracted marriage with a citizen or a French national, after a period of 4 years of marriage (raising the limit, from 2 to 4 years, was introduced by Law 2006-911 of 24 July 2006 relating to immigration, in order to counter the phenomenon of marriages for purposes of naturalization), provided that the date of declaration, the communion of life did not cease between spouses, the spouse who has retained his French nationality and the alien demonstrates an effective and uninterrupted residence in France for three consecutive years (art. 21-2 cc). The foreign spouse must also demonstrate sufficient knowledge of French.
The statement is posted after verification of eligibility at the Ministry responsible for naturalization.
The Government may, however, oppose the acquisition of nationality by the foreign spouse for unworthiness or lack of assimilation, within two years from notice of award. In case of opposition the government considering the acquisition of citizenship as never occurred, however, the validity of documents exchanged between the declaration and the Order of objection can not be challenged on the basis of non-attribution of nationality (art. 21-4 cc) .
Naturalization
Naturalization for public authority's decision can only be granted to aliens who shows his habitual residence in France in the 5 years preceding his application unless he has done and completed two years of study in a French institution of higher education or has not made many important services to the State, in which case the criterion of residence is reduced to 2 years. Furthermore, to be naturalized must be resident in France at the time of signing the decree.
With residence means a permanent residence, ie having a stable and permanent and that coincides with the center of material interests and family ties of the applicant.
May be naturalized, regardless of the basis of residence, foreigners are embedded in the French army, and who has rendered outstanding services to the State or an alien whose naturalization present for France of exceptional interest, in which case we ask the opinion of the Board of Status report on the reasons of the Minister responsible. Naturalization may also be granted to those who have refugee status granted him by the French to protect refugees and stateless persons (OFPRA). In all cases, the age of the person.
Citizenship by naturalization can not be granted to those who have been sentenced to imprisonment of not less than 6 months without parole, or has been the subject of a deportation order or a ban from the territory, or who is in an irregular situation or has been convicted for acts of terrorism.
Finally, both the acquisition by declaration (marriage) than by decree (naturalization) require, in different forms, sufficient knowledge of French by the person concerned. This condition is not required for refugees or stateless persons residing in the territory for at least 15 years of age and have over 60 years.
The recent immigration law of 24 July 2006, included in the Civil Code (Articles 21-28 and 21-29) provisions that establish the welcoming ceremony in the French town, which is organized by the State representative in each department, every six months, which of course are invited to persons who have acquired French nationality as of right in the six months prior to the ceremony and the deputies and senators elected in the department.
Collective effect of the acquisition
On condition that his name is mentioned in the decree of naturalization or declaration of acquisition, the youngest son, legitimate or natural, or the child being adopted full, full right to become French if one parent has acquired French nationality provided he has the same habitual residence of the parent in question. In case of separation or divorce of parents, the child acquires French citizenship if his habitual residence or alternatively with the parent who becomes French (art. 22-1 cc).
Dual citizenship
Possession of one or more other nationalities did not, in principle, no influence on French nationality.
The law requires that an alien does not become a French surrenders his nationality of origin or who became a French foreign renounce French nationality, except that among the States Parties to the Convention of the Council of Europe on 6 May 1963 on the Reduction of multiple nationality. This convention provides for the automatic loss of previous nationality.
France does not establish any distinction between those who have dual citizenship (whether French or foreign now become French foreign) and all other French respect the rights and duties associated with citizenship. However, a Frenchman who have dual citizenship can not rely on his French nationality before the authorities of the State of which he is a citizen, if he resides in its territory.
Loss of citizenship
The loss of French nationality occurs generally voluntary act and is derived from a declaration or a decision of public authority.
Cases of renunciation of citizenship is provided by the French Civil Code, under certain conditions, in respect of children born abroad to one parent born in France or French by a single parent born in France.
Any adult habitually resident abroad, who have acquired foreign citizenship voluntarily, may, under certain conditions, lose French nationality by declaration signed before the appropriate authority.
In case of marriage with a foreigner, the French spouse can renounce French nationality by declaration, provided that it has acquired the citizenship of the spouse and that the habitual residence of the couple has been set abroad.
In any case, the French under the age of 35 years can not declare the loss of citizenship if they are not complying with the obligations of military service.
People who are not in the conditions provided by law for loss of nationality by declaration, may be authorized by decree if he has acquired citizenship of a foreign country.
The Civil Code also provides for the revocation of citizenship if convicted for crimes of particular gravity, such as terrorism or crimes against fundamental interests of the nation. The measure was adopted by decree of decline after consulting the State Council, but not cause cases of statelessness.
It is also possible reintegration into nationality for persons who have either lost through marriage with a foreigner or acquisition of foreign citizenship, if they so request. The condition for obtaining a new nationality is to have kept ties with France, to cultural, professional, economic and family.
we become citizens in France, Germany, United Kingdom and Spain. The synthesis and the laws of reference
While discussing the reform of the citizenship law, may be useful to look at what happens in the rest of Europe.
Below find a summary of the rules to become citizens in France, Germany, United Kingdom and Spain, comes from a dossier of the Library Service of the Chamber of Deputies. If you are interested in the full texts of the laws of reference, click here.
FRANCE
Citizenship (National) is governed by the French Civil Code, Articles 17 to 33-2, and the Convention of the Council of Europe on 6 May 1963 on the reduction of cases of multiple nationality, which are signatories to Austria, Belgium , Denmark, France, Germany, Italy, Luxembourg, Norway, Holland and Sweden.
In France, citizenship may be acquired in three different ways.
The first includes the acquisition by parentage (jus sanguinis) than by birth (jus soli).
The second mode of acquisition is the marriage with a citizen or a French national.
The third is produced following a decision by the French authorities (naturalization).
Parentage or birth
Regarding the award for parentage and French's son, legitimate or natural, of a couple in which at least one parent is French (art. 18 CC).
Similarly, the French subsidiary is also less subject to full adoption by a Frenchman. Citizenship is not it instead to the child who is the subject of an adoption easier. He may, however, until the age of majority, to claim French nationality by declaration, but resident in France at the time of the latter. The residence requirement is suspended if the parents do not reside in France.
The nationality may also be requested by a child abandoned in France and raised by a French national or entrusted to social care services for children, provided they have received an education guided by values and national culture for at least five years.
Regarding the acquisition by birth, and French's son, legitimate or natural, born in France, where at least one parent was born there, whatever his nationality (article 19-3 cc).
The mere emergence on the national territory is irrelevant to the allocation of citizenship to children unless the children of stateless parents or strangers or do not transmit their nationality.
Furthermore, by virtue of the amending law of the CC on 16 March 1998 has removed the regime of the will, every child born in France of foreign parents automatically acquire French citizenship at the age of majority if, at that time, has his residence in France or there has been habitually resident for a period, continuous or discontinuous, at least 5 years from the age of 11 years onwards. Public authorities and educational institutions are obliged to inform the persons concerned on the legislation on the matter (art. 21-7 cc).
The automatic acquisition can be anticipated in 16 years by the same applicant, signed a declaration before the competent authority, or may be claimed for him by his parents aged 13 years and with his consent, in which case the residence requirement usual 5-year period from the age of 8 years.
Marriage
French citizenship and open, with declaration to be signed before the competent authority, to any foreign national or stateless person who contracted marriage with a citizen or a French national, after a period of 4 years of marriage (raising the limit, from 2 to 4 years, was introduced by Law 2006-911 of 24 July 2006 relating to immigration, in order to counter the phenomenon of marriages for purposes of naturalization), provided that the date of declaration, the communion of life did not cease between spouses, the spouse who has retained his French nationality and the alien demonstrates an effective and uninterrupted residence in France for three consecutive years (art. 21-2 cc). The foreign spouse must also demonstrate sufficient knowledge of French.
The statement is posted after verification of eligibility at the Ministry responsible for naturalization.
The Government may, however, oppose the acquisition of nationality by the foreign spouse for unworthiness or lack of assimilation, within two years from notice of award. In case of opposition the government considering the acquisition of citizenship as never occurred, however, the validity of documents exchanged between the declaration and the Order of objection can not be challenged on the basis of non-attribution of nationality (art. 21-4 cc) .
Naturalization
Naturalization for public authority's decision can only be granted to aliens who shows his habitual residence in France in the 5 years preceding his application unless he has done and completed two years of study in a French institution of higher education or has not made many important services to the State, in which case the criterion of residence is reduced to 2 years. Furthermore, to be naturalized must be resident in France at the time of signing the decree.
With residence means a permanent residence, ie having a stable and permanent and that coincides with the center of material interests and family ties of the applicant.
May be naturalized, regardless of the basis of residence, foreigners are embedded in the French army, and who has rendered outstanding services to the State or an alien whose naturalization present for France of exceptional interest, in which case we ask the opinion of the Board of Status report on the reasons of the Minister responsible. Naturalization may also be granted to those who have refugee status granted him by the French to protect refugees and stateless persons (OFPRA). In all cases, the age of the person.
Citizenship by naturalization can not be granted to those who have been sentenced to imprisonment of not less than 6 months without parole, or has been the subject of a deportation order or a ban from the territory, or who is in an irregular situation or has been convicted for acts of terrorism.
Finally, both the acquisition by declaration (marriage) than by decree (naturalization) require, in different forms, sufficient knowledge of French by the person concerned. This condition is not required for refugees or stateless persons residing in the territory for at least 15 years of age and have over 60 years.
The recent immigration law of 24 July 2006, included in the Civil Code (Articles 21-28 and 21-29) provisions that establish the welcoming ceremony in the French town, which is organized by the State representative in each department, every six months, which of course are invited to persons who have acquired French nationality as of right in the six months prior to the ceremony and the deputies and senators elected in the department.
Collective effect of the acquisition
On condition that his name is mentioned in the decree of naturalization or declaration of acquisition, the youngest son, legitimate or natural, or the child being adopted full, full right to become French if one parent has acquired French nationality provided he has the same habitual residence of the parent in question. In case of separation or divorce of parents, the child acquires French citizenship if his habitual residence or alternatively with the parent who becomes French (art. 22-1 cc).
Dual citizenship
Possession of one or more other nationalities did not, in principle, no influence on French nationality.
The law requires that an alien does not become a French surrenders his nationality of origin or who became a French foreign renounce French nationality, except that among the States Parties to the Convention of the Council of Europe on 6 May 1963 on the Reduction of multiple nationality. This convention provides for the automatic loss of previous nationality.
France does not establish any distinction between those who have dual citizenship (whether French or foreign now become French foreign) and all other French respect the rights and duties associated with citizenship. However, a Frenchman who have dual citizenship can not rely on his French nationality before the authorities of the State of which he is a citizen, if he resides in its territory.
Loss of citizenship
The loss of French nationality occurs generally voluntary act and is derived from a declaration or a decision of public authority.
Cases of renunciation of citizenship is provided by the French Civil Code, under certain conditions, in respect of children born abroad to one parent born in France or French by a single parent born in France.
Any adult habitually resident abroad, who have acquired foreign citizenship voluntarily, may, under certain conditions, lose French nationality by declaration signed before the appropriate authority.
In case of marriage with a foreigner, the French spouse can renounce French nationality by declaration, provided that it has acquired the citizenship of the spouse and that the habitual residence of the couple has been set abroad.
In any case, the French under the age of 35 years can not declare the loss of citizenship if they are not complying with the obligations of military service.
People who are not in the conditions provided by law for loss of nationality by declaration, may be authorized by decree if he has acquired citizenship of a foreign country.
The Civil Code also provides for the revocation of citizenship if convicted for crimes of particular gravity, such as terrorism or crimes against fundamental interests of the nation. The measure was adopted by decree of decline after consulting the State Council, but not cause cases of statelessness.
It is also possible reintegration into nationality for persons who have either lost through marriage with a foreigner or acquisition of foreign citizenship, if they so request. The condition for obtaining a new nationality is to have kept ties with France, to cultural, professional, economic and family.
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