LAW 1 No. 8389, dated ON ALBANIAN CITIZENSHIP

Similar documents
The Macrotheme Review A multidisciplinary journal of global macro trends

I. GENERAL PROVISIONS II. ACQUISITION OF CITIZENSHIP OF THE REPUBLIC OF MACEDONIA

OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 33 / 2 SEPTEMBER 2013, PRISTINA LAW NO. 04/L-215 ON CITIZENSHIP OF KOSOVO

Citizenship Law of Bulgaria

OFFICIAL JOURNAL OF ROMANIA, PART I, No. 576/13 August 2010 REPUBLISHED TEXTS. ACT No. 21/1991 on Romanian citizenship 1. CHAPTER I General provisions

Law No. 1/05 of July 1 Nationality Law. Page 1/13. Rua Amílcar Cabral, LUANDA ANGOLA Phone Number: /380

Royal Decree No 38/2014 Promulgating the Omani Citizenship Law

Hungarian Citizenship

Romanian Citizenship Law

The citizenship of the Republic of Slovenia may be acquired in the following ways:

THE REPUBLIC OF SOMALILAND CITIZENSHIP LAW (LAW No: 22/2002)

The Act on Norwegian nationality (the Norwegian Nationality Act)

Citizenship Act. Passed RT I 1995, 12, 122 Entry into force

MONTENEGRIN CITIZENSHIP ACT

Citizenship Act. Passed RT I 1995, 12, 122 Entry into force Amended by the following legal instruments

ORGANIC LAW OF GEORGIA ON GEORGIAN CITIZENSHIP

TURKISH CITIZENSHIP LAW. Law No Adoption Date: 29/05/2009. PART ONE Objective, Scope, Definitions and Implementation of Citizenship Services

Nationality Law, 1959

ORGANIC LAW OF GEORGIA ON GEORGIAN CITIZENSHIP

HOW CAN I BECOME A GREEK CITIZEN? (Simplified instructions on the acquisition of Greek citizenship)*

Interpretation Reacquisition of citizenship lost by marriage.

Law of the Republic of Armenia on the Citizenship of the Republic of Armenia

LAW OF FEBRUARY 15, 1962 ON POLISH CITIZENSHIP

Citizenship Act 2004

Law of the Republic of Belarus on Citizenship of the Republic of Belarus

Immigration To Thailand

RUSSIAN FEDERATION FEDERAL LAW ON CITIZENSHIP OF THE RUSSIAN FEDERATION

Law of the Republic of Uzbekistan on Citizenship of the Republic of Uzbekistan

PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA HOUSE OF REPRESENTATIVES AUSTRALIAN CITIZENSHIP AMENDMENT BILL 1986 EXPLANATORY MEMORANDUM

Greek Citizenship Code

PROMOTING ACQUISITION OF CITIZENSHIP AS A MEANS TO REDUCE STATELESSNESS - FEASIBILITY STUDY -

COMMONWEALTH SECRETARIAT CARICOM SECRETARIAT COMMONWEALTH FUND FOR TECHNICAL COOPERATION. Explanatory Memorandum on draft Model Legislation

23 JANUARY 1993 DRAFT CONSTITUTION FOR ALBANIA

Section 2-Appearance Before Immigration Officer on Entering Ghana. Section 3-Illegal Place of Entry and Border-Resident.

LAW ON CITIZENSHIP OF BOSNIA AND HERZEGOVINA UNOFFICIAL CONSOLIDATED TEXT

LAO PEOPLE'S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY

Pakistan Citizenship Act, 1951 (Bangladesh)

No. 100/1952 (23 December) Icelandic Nationality Act

+ + Carefully fill in and sign the application. Incomplete information will delay the processing of the application and may lead to its rejection.

Australian Citizenship Act 2007

Namibian Citizenship Act 14 of 1990 (GG 65) brought into force on 15 September 1990 by Proc. 13/1990 (GG 72) ACT

Citizenship Amendment Act 2005

Aliens Act. Based on the rights and freedoms arising from the Constitution of the Republic of Estonia,

LAW FOR THE BULGARIAN CITIZENSHIP

LAWS OF SOUTH SUDAN THE NATIONALITYACT, 2011

+ + Carefully fill in and sign the application. Incomplete information will delay the processing of the application and may lead to its rejection.

This law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China.

WHO ARE ELIGIBLE DUAL CITIZENS?

The Kenya Citizenship and Immigration Act, 2011 THE KENYA CITIZENSHIP AND IMMIGRATION ACT, 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY

REGULATION OF MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA NO. M.O1.HL YEAR 2006

U.S. Citizenship by Birth in U.S., Territories & Possessions

KENYA CITIZENSHIP AND IMMIGRATION ACT

U.S. Citizenship. Gary Endelman Senior Counsel FosterQuan, LLP

Office of Immigration, Naturalization and Foreign Citizens

INVISIBLE CITIZENS. November, 2009

Namibian Citizenship Act 14 of 1990 section 28

REPUBLIC OF LITHUANIA LAW ON CITIZENSHIP. 17 September 2002 No. IX Vilnius CHAPTER I GENERAL PROVISIONS

DRAFT. 1. Definitions

WikiLeaks Document Release

Australian Citizenship Act 2007

Ad-Hoc Query on Revoking Citizenship on Account of Involvement in Acts of Terrorism or Other Serious Crimes

(UNOFFICIAL TRANSLATION) LAW OF THE REPUBLIC OF KAZAKHSTAN. on Citizenship of the Republic of Kazakhstan

Government Decree No. 170/2001 (IX. 26.) On the Implementation of Act XXXIX of 2001 On the Entry and Stay of Foreigners

LAW OF THE REPUBLIC OF LITHUANIA ON AMENDING THE LAW ON CITIZENSHIP. 17 September 2002 No IX-1078 Vilnius (as new version of 15 July 2008 No X-1709)

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS

European Convention on Nationality 1. (ETS No. 166) Explanatory Report. I. Introduction. a. Historical background

IRISH NATIONALITY AND CITIZENSHIP ACT, 2001

Immigration Issues in Expatriation from the United States. Steve Trow June 2012

Submission on the South African Citizenship Amendment Bill, B by the Citizenship Rights Africa Initiative 6 August 2010

2007 No BRITISH NATIONALITY. The British Nationality (British Overseas Territories) Regulations 2007

Economic and Social Council

Article 1 of the Code on Greek Citizenship, as it was ratified by Law 3284/2004 (government gazette 217A) is hereby amended as follows :

DECREE ON PROMULGATION OF THE FOREIGN NATIONALS LAW

Constitutional principles and legal aspects of citizenship in Greece

Immigration Law. The Saeima 1 has adopted and the President has proclaimed the following Law: Chapter I General Provisions. Section 1.

Federal Act on the Acquisition and Loss of Swiss Citizenship

PART - I. 1. Type of visa applied for: Diplomatic Official Military Business Tourist Family Transit Journalist Others (Specify 2.

Government Decree No. 125/1993 (IX.22.) Korm.r. on the Execution of Act LV of 1993 on Hungarian Citizenship

CITIZENSHIP (PART II, ARTICLES 5-11)

Uganda Citizenship and Immigration Control Act 5 (Amendment) Act 2009

Source: IS PARAGRAPH, :18:33

GOVERNMENT OF PAKISTAN VISA APPLICATION FORM <><><> PART - I

REPUBLIC OF LITHUANIA LAW ON CITIZENSHIP. 17 September 2002 No. IX-1078 Vilnius CHAPTER I GENERAL PROVISIONS

Ministry of Industry, March 2001 Employment and Communications. The Swedish Citizenship Act

SADC CRAI Network on Statelessness and Institute for Statelessness and Inclusion

Ad-Hoc Query on the Consequences of the Zambrano case (C-34/09) Requested by Commission on 14 th April Compilation produced on 7 th June 2011

The System of Migration- Related Legislation in the Republic of Belarus

KENYA CITIZENSHIP AND IMMIGRATION ACT

+ + RESIDENCE PERMIT APPLICATION FOR PERSON EMPLOYED AS A SPECIAL EXPERT

THE TANZANIA CITIZENSHIP ACT, 1995 PART I. 1. Short title and commencement. 2. Application. 3. Interpretation. PART II PART III PART IV

Consular Act. Chapter 1. General Provisions

The Rights of Non-Citizens

(1 January 2013 to date) SOUTH AFRICAN CITIZENSHIP ACT (88/1995) (Gazette no , Notice No Commencement date: 6 October 1995)

Federal Law concerning the Austrian Nationality (Nationality Act 1985) - unofficial consolidated version -

LAW of the KYRGYZ REPUBLIC

UNHCR s Commentary on the Constitutional Law of the Republic of Tajikistan On Nationality of the Republic of Tajikistan

Citizenship. Acquisition of Indian Citizenship

Nationality 17 FEDERAL LAW NO. 17/1972

Ordinance No. 26. of 23 April 2009 on Financial Institutions. Chapter One General Provisions. Subject. Requirement for Registration. Ordinance No.

Aliens (Consolidation) Act

Transcription:

LAW 1 No. 8389, dated 05.08.1998 ON ALBANIAN CITIZENSHIP In accordance with Article 16 of Law no. 7491, dated 29.04.1991, "On the Major Constitutional Provisions", on the proposal of the Council of Ministers, the People s Assembly of the Republic of Albania, DECIDED: CHAPTER I GENERAL PROVISIONS Article 1 Albanian citizenship is a stable legal bond, expressed in the mutual rights and duties of an individual and the Albanian State. Albanian citizenship is acquired, reacquired, lost or relinquished in accordance with the provisions of this law, which respects the recognized rules and principles of international law in the area of citizenship accepted by the Republic of Albania. Article 2 An Albanian citizen shall be: a. any person holding Albanian citizenship on the effective date of this law; and b. any person who acquires Albanian citizenship in accordance with this law. Article 3 An Albanian citizen may also be a citizen of another state. Article 4 No one can be arbitrarily deprived of Albanian citizenship. Any Albanian citizen has the right to relinquish Albanian citizenship, provided that he holds another citizenship, has acquired another citizenship, or has received guarantees from the competent bodies of a foreign state for the acquisition of another citizenship. Article 5 Minors acquire and reacquire Albanian citizenship, and relinquish it with the approval of their parents. Any change in the citizenship of minors 14-18 years old shall be made with the child s consent. 1 Published at East European Constitutional Review, a quarterly published by New York University Law School and Central European University. Available at: http://www1.law.nyu.edu/eecr/bycountryrefs/albaniacitizenship.html

CHAPTER II ACQUISITION OF ALBANIAN CITIZENSHIP Article 6 Albanian citizenship is acquired by: a. birth; b. naturalization; and c. adoption. Article 7 Acquisition of citizenship by birth Everyone born of at least one parent with Albanian citizenship shall acquire Albanian citizenship automatically. Article 8 A child born or found within the territory of the Republic of Albania acquires Albanian citizenship if he is born from unknown parents and would consequently become stateless. If the child s parents become known before the child reaches the age of 14, and they hold foreign citizenship, Albanian citizenship can be relinquished at the request of his lawful parents, provided that the child does not become stateless as a consequence of this action. A child born within the territory of the Republic of Albania from parents holding another citizenship who are lawful residents in the territory of the Republic of Albania can acquire the Albanian citizenship with the consent of both parents. Article 9 Acquisition of citizenship by naturalization A foreigner who has submitted an application for acquisition of the Albanian citizenship by naturalization shall acquire it if he fulfils the following requirements: 1. he has reached the age of 18; 2. he has lawfully resided in the territory of the Republic of Albania for not less than five consequent years; 3. he has a dwelling and sufficient income; 4. he has never been sentenced in his state or in the Republic of Albania or in any third state for a criminal offence for which the law provides for a prison sentence of not less than three years. Exemption from this rule is made only if it is proved that the sentence was given for political motives; 5. he has at least elementary knowledge of the Albanian language; and 6. his acceptance as an Albanian citizen does not affect the security and defense of the Republic of Albania. 7. A foreigner who has reached the age of 18 can acquire Albanian citizenship by naturalization even if he does not fulfill the requirements of

this law, except for those under point 6, if the Republic of Albania has a scientific, economic, cultural or national interest. If the person is stateless, the requirements under points 1, 3, 4 and 5 of this Article shall not be taken into consideration. If a foreigner proves that he is of Albanian origin up to the second degree, be it even from one parent, the time of residence in the Republic of Albania contemplated in point 2 of this Article must be at least three years. All other requirements for the acquisition of Albanian citizenship provided for in this Article remain unchanged. Article 10 A foreigner married to an Albanian citizen for not less than three years can acquire, if he so wishes, Albanian citizenship by naturalization even if he does not fulfill the requirements under points 2 and 5 of Article 9. In such case, the foreigner must have resided, continuously and lawfully, in the territory of the Republic of Albania for at least one year. Article 11 If both parents acquire Albanian citizenship by naturalization, their children who have not reached the age of 18 and live with their parents become Albanian citizens at the request of the parents and with the consent of the child, if he is 14-18 years old. If one of the parents acquires Albanian citizenship, his children under 18 years of age become Albanian citizens if that is requested by both parents, or by one of the parents if the other parent is stateless and the child is resident in the Republic of Albania. Article 12 Acquisition of citizenship by adoption If two parents who are Albanian citizens adopt a minor of another citizenship or who is stateless, the child acquires Albanian citizenship. The adopted minor acquires Albanian citizenship if one of the parents is Albanian and both parents, at the time of adoption, reside in the territory of the Republic of Albania, as well as in any other case when the child may become stateless as a result of the adoption. Article 13 Revocation of decision granting citizenship The decision granting Albanian citizenship may be revoked if it is proved that the alien or stateless person has intentionally supported his application for acquisition of Albanian citizenship on incorrect data or falsified documents. The decision granting Albanian citizenship taken under the circumstances of the above paragraph is revoked also for children under 18 years of age who have acquired the

citizenship together with the parents, always taking into account the child s interest, as well as that the child should not remain stateless. Article 14 The citizenship of a person who has relinquished Albanian citizenship because of a promise to be granted another citizenship is reacquired if he does not acquire the promised citizenship within a reasonable time. In this case an application must be made, and the necessary documents must be submitted. Chapter III TERMINATION OF ALBANIAN CITIZENZHSIP Article 15 Albanian citizenship is terminated at the request of the person if he fulfils the following requirements: 1. has reached the age of 18; 2. does not become stateless as a result of the relinquishment of Albanian citizenship because he holds a foreign citizenship, will acquire a foreign citizenship or gives guarantees that he will acquire a foreign citizenship; 3. resides in a foreign state; 4. is not subject to criminal proceedings for criminal offences for which the Albanian legislation provided for a prison sentence of not less than five years; 5. does not have any legal obligations toward state authorities, and natural or legal persons. The decision for the recognition of the fact of relinquishment of Albanian citizenship can be revoked if it is proved that the former Albanian national has intentionally used incorrect data or falsified documents for the relinquishment of his citizenship. Article 16 Albanian citizenship of minors may be terminated if one of the parents has relinquished Albanian citizenship. In this case, the consent of both parents is required. If one of the parents does not consent that the child relinquishes Albanian citizenship, the child can lose the citizenship if it is assessed that it is in the interest of the child and if the child holds or will acquire another citizenship. A minor loses Albanian citizenship if he is adopted by alien parents and acquires, in that case, a new citizenship. CHAPTER IV Procedure to be followed for the relinquishment of Albanian citizenship, as well as for its acquisition and reacquisition by NATURALIZATION

Article 17 Applications for the acquisition, reacquisition or relinquishment of Albanian citizenship, together with documents required by this law, shall be filed with the organs of the Ministry of Public Order of the person s place of residence or, if the person resides abroad, with the diplomatic or consular missions of the Republic of Albania. Article 18 If the required documents are incomplete, the competent organ shall return them to the applicant for completion within one month. Article 19 The Ministry of Public Order, within six months from the filing date of the individual s application, and in accordance with the requirements provided for in this law for the acquisition, reacquisition or loss of Albanian citizenship, shall decide whether to forward the application for acquiring, reacquiring or relinquishing the citizenship to the President of the Republic. The request of the Ministry of Public Order shall be accompanied by the complete individual file of the applicant. The decision of the Ministry of Public Order to make or not such a request shall be notified to the interested parties, who, in case of disagreement with its content, can file a suit with the Tirana District Court. Article 20 The President of the Republic, within three months from the forwarding of the request by the Ministry of Public Order, shall issue the respective decree. If the request is incomplete, the file shall be returned for completion to the Ministry of Public Order within one month from the day it was forwarded. Under the circumstances of point 7 of Article 9 of this Law, the decree for granting Albanian citizenship is issued without following this procedure. Article 21 A copy of the decree on the acquisition or loss of Albanian citizenship shall be provided to the Ministry of Public Order and the Ministry of Justice to enable them to take the required actions. The decree shall be published in the Official Journal. Article 22 The relevant document shall be given to a person who has required the Albanian citizenship, while a temporary identification document shall be given to a person who has lost the Albanian citizenship. Article 23

The person who acquires Albanian citizenship by naturalization shall make an oath before an official of the citizens registration office to be faithful to the Albanian State and to respect the Constitution and the laws of the Republic of Albania. Albanian citizenship is deemed effectively acquired from the day of the oath. CHAPTER V TRANSITIONAL AND FINAL PROVISIONS Article 24 A person who has relinquished Albanian citizenship before the effective date of this law and does not hold another citizenship shall immediately reacquire the citizenship, at his request. Article 25 The Ministry of Public Order, the Ministry of Finance, the Ministry of Justice, and the Ministry of Foreign Affairs are charged to issue jointly secondary legislation for the implementation of the procedures contemplated in this law. Article 26 Decree no. 1874, dated 7.6.1954, "On Albanian Citizenship," as amended, is revoked. Article 27 The Albanian State, in accordance with the spirit of international conventions on the avoidance of cases of dual citizenship and statelessness, reserves the right to require that its citizens or applicants for the Albanian citizenship choose only one citizenship. Article 28 This Law shall become effective 15 days after its publication in the Official Journal.