EMN Ad-Hoc Query on exceptions to an obligation to be released from the old citizenship before acquiring a new one

Transcription

1 EMN Ad-Hoc Query on exceptions to an obligation to be released from the old citizenship before acquiring a new one Requested by NO EMN NCP on 26 th February 2015 Compilation produced 14 th April 2015 Responses requested from Austria, Belgium, Bulgaria, Czech Republic, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Sweden, United Kingdom plus Norway (23 in Total) Disclaimer: The following responses are to be provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs provide, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information to be provided does not necessarily represent the 1. Background Information Dual citizenship is not generally permitted for Norwegian citizens. There are exceptions to this rule however. Generally, a foreign citizen who has applied for and been granted Norwegian citizenship, must within one year document that s/he has been released from her/his (current/previous) citizenship. Exceptions to this rule exist in the following situations: The legislation in the country of current citizenship does not permit a release from that citizenship. The request for release has been denied. 1 of 8

2 The time since the application for release is such that the deadline for release is exhausted without any indication as to when a decision on the application will be forthcoming. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person. Concern for the person s security prevents him/her from contacting the authorities of the country of previous citizenship. The Norwegian Immigration Service would like to know what the practice is in other Member States (you can use the excel questionnaire attached to the in order to respond, but please then send that excel document with your response): 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. No. If No, please answer question 2 a - g. retain his/her current citizenship provided: a. The legislation of that country does not permit a release from the current citizenship? Yes No b. The request for release from the current citizenship has been denied? Yes No c. No decision on the application for release from the current citizenship has been received within a given deadline, and there is no indication when a decision will be forthcoming? Yes No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? Yes No e. Concerns for the person s security prevents him/her from contacting the authorities of the country of current citizenship? Yes No f. The country of the applicant s current citizenship is a country that is exempted from the general rule (that dual citizenship is not allowed) thus allowing dual citizenship? No Yes (If yes, list countries where this applies: ) g. Other reasons No Yes (If yes, please describe: ) We would very much appreciate your responses by Wednesday, 26 th March of 8

3 2. Responses Wider Dissemination? Austria Yes NO, 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. X_No, please answer the following questions: Belgium Yes Dual citizenship practice Bulgaria Yes Dual citizenship practice Czech Republic Yes Dual citizenship practice a. The legislation of that country does not permit a release from the current citizenship? b. The request for release from the current citizenship has been denied? indication when a decision will be forthcoming? Yes No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? X_Yes No allowed) thus allowing dual citizenship? X_No Yes (If yes, list countries where this applies: g. Other reasons No _ X _Yes (If yes, please describe: according to Art. 20 para 1 subpara 2 Austrian Nationality Act if the granting of citizenship is in the particular interests of the Republic by reason of the alien s actual or expected outstanding achievements ) Estonia Yes NO, 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. X_No, please answer the following questions: a. The legislation of that country does not permit a release from the current citizenship? Yes x_no 3 of 8

4 Finland Yes Dual citizenship practice b. The request for release from the current citizenship has been denied? Yes x_no indication when a decision will be forthcoming? Yes _x No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? Yes x_no Yes _x No allowed) thus allowing dual citizenship? _x_ No _Yes (If yes, list countries where this applies: g. Other reasons _x_ No Yes A person who by birth acquires the citizenship of another state in addition to Estonian citizenship must renounce either his/her Estonian citizenship or his/her citizenship of the other state within three years after attaining the age of 18 years.) France Yes Dual citizenship practice: Dual citizenship is not expressly provided by French law, but is recognized. The acquisition of French nationality is never subject to renunciation of another nationality. Germany Yes No, 1.Does your national legislation generally permit dual citizenship? Yes, no further questions. _x_no. If No, please answer question 2 a - g. 2.Although the general rule is that dual citizenship is not permitted, is it possible for someone applying for citizenship in your country to a. The legislation of that country does not permit a release from the current citizenship? x_yes No b. The request for release from the current citizenship has been denied? x Yes No indication when a decision will be forthcoming? _x Yes No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? x Yes No _x Yes No allowed) thus allowing dual citizenship? No x_yes (If yes, list countries where this applies: all Memberstates of the European Union and Switzerland_) g. Other reasons No x_yes (If yes, please describe: In exceptional cases, eg: with outstanding public interest in the 4 of 8

5 Hungary Yes Dual citizenship practice naturalization or under the redress of National Socialist injustice. Ireland Yes Dual citizenship practice: there is no difficulty about holding Irish citizenship and at the same time citizenship of another State. Italy Yes Dual citizenship practice In Italy, Law No 91/92 "New Rules on Nationality", which entered into force on 16 August 1992, establishes that the acquisition of the nationality of another country does not entail the loss of Italian nationality, unless the Italian national formally renounces it (Article 11), without prejudice to the provisions contained in international agreements. In this regard, it is worth reminding that the Italian State denounced the 1963 Strasbourg Convention on the reduction of cases of multiple nationalities. As a result of this denunciation, since 4 June 2010, Italian nationals who become naturalized citizens of countries that are Contracting Parties to the Convention have longer lost Italian nationality automatically. Latvia Yes NO 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. _X No. If No, please answer question 2 a - g. a. The legislation of that country does not permit a release from the current citizenship? Yes _X No b. The request for release from the current citizenship has been denied? Yes _X No indication when a decision will be forthcoming? Yes _X No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? Yes _X No Yes X_No Generally NO, but such requirements shall not apply to a person to whom a refugee status has been granted in Latvia. allowed) thus allowing dual citizenship? No _X Yes (If yes, list countries where this applies: If a citizen of following countries and is admitted to Latvian citizenship, he/she is entitled to retain citizenship of the relevant country: 1) MS of EU; 2) MS of EFTA, 3) MS of NATO; 4) Australia; 5) New Zealand; 6) Brazil are admitted to Latvian citizenship, he or she is entitled to retain citizenship of the relevant country g. Other reasons No _X Yes If yes, please describe: 5 of 8

6 Dual Citizenship may occur for Latvians, LIvs, Exiles, & Descendants who acquire Latvian citizenship after For a child if 1) one or both parents at the time of his-her birth are Latvian citizens; 2) child has been found in the territory of Latvia and who parents are unknown, or other child left w/o parental care who is under extra-familial care in Latvia, except a child for whose parents the custody rights have been suspended, 3) an orphan under extra-familial care in Latvia. Lithuania Yes NO 1. Does your national legislation generally permit dual citizenship? no IF Yes, then no further questions. IF No, then please answer question 2. a - e a. The legislation of the applicant's country does not permit a release from the current citizenship? yes b. The request for release from the current citizenship has been denied? no indication when a decision will be forthcoming? no d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? yes no allowed) thus allowing dual citizenship? no IF yes" to f., list countries where this applies: Luxembourg Yes Dual citizenship practice: The law of 23 October 2008 on the Luxemburgish nationality permits dual or multiple citizenship. Malta Yes Dual citizenship practice: In accordance with article 7 of the Maltese Citizenship Act (Cap 188), it shall be lawful for any person to be a citizen of Malta and a citizen of another country. Netherlands Yes No, dual citizenship is not generally permitted for Dutch citizens. When a person with a foreign nationality is granted the Dutch nationality, s/he must renounce this foreign nationality. There are exceptions to this rule however. Generally, a foreign citizen who has applied for and been granted Dutch citizenship, must within one year give up the existing nationality, and document that s/he has been released from her/his (current/previous) citizenship. Mostly this is an official declaration of the authorities of the country of origin. 2. There are exceptions to the rule of no dual citizenship. The former foreign citizenship has not to be renounced: 6 of 8

7 When according to legislation in the foreign country there is an automatically loss of the original nationality when becoming a Dutch citizen. If the legislation of the country of origin does not allow to give up the former nationality. If a foreigner is married to or is the registered partner of a Dutch citizen. If someone is a recognised refugee. If someone was born in the Netherlands, Aruba, Curacao or Saint Martin and they are still living there when submitting the application to become Dutch. If someone cannot be expected to contact the authorities in the country of which they are a national. If there is a special and objectively assessable reason for not renouncing the nationality. If someone holds the nationality of a state that is not recognised by the Netherlands. If someone has to pay a large sum of money to the authorities in the country of origin in order to renounce the nationality. If someone will lose certain rights when giving up the nationality leading to serious financial losses, for example with respect to laws of succession. If a male still has to fulfil or buy out the military service before being able to renounce the nationality. Poland Yes Dual citizenship practice: National legislation (Act of 2 April 2009 on Polish Citizenship) permits dual citizenship. A Polish citizen who at the same time holds the citizenship of another state has the same rights and obligations to the Republic of Poland as the person who holds the Polish citizenship only (Article 3 point 1 of the Act on Polish Citizenship). A person wishing to acquire Polish citizenship is permitted to hold his/her previous citizenship. Portugal Yes Dual citizenship practice: Slovak Republic Yes Dual citizenship practice: Although Slovak nationals are allowed to acquire dual citizenship only in certain cases, foreign nationals are generally permitted to retain their current citizenship when acquiring the Slovak one. Slovenia Yes NO 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. X_No, please answer the following questions: a. The legislation of that country does not permit a release from the current citizenship? b. The request for release from the current citizenship has been denied? 7 of 8

8 Sweden Yes Dual citizenship practice United Kingdom Yes Dual citizenship practice indication when a decision will be forthcoming? _X_Yes No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? allowed) thus allowing dual citizenship? X_No Yes (If yes, list countries where this applies: Other reasons _X No Yes Norway Yes NO 1. Does your national legislation generally permit dual citizenship? Yes, no further questions. X_No, please answer the following questions: a. The legislation of that country does not permit a release from the current citizenship? b. The request for release from the current citizenship has been denied? indication when a decision will be forthcoming? _X_Yes No d. The conditions for being released from the current citizenship are clearly unreasonable or beyond the means of the person? allowed) thus allowing dual citizenship? X_No Yes (If yes, list countries where this applies: _ g. Other reasons _X No Yes (If yes, please describe: ************************ 8 of 8