Nationality law
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Nationality law is the law of a
sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined ter ...
, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of t ...
and formal membership in a nation are separated from the relationship between a national and the nation, known as
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or
alien Alien primarily refers to: * Alien (law), a person in a country who is not a national of that country ** Enemy alien, the above in times of war * Extraterrestrial life, life which does not originate from Earth ** Specifically, intelligent extrater ...
. A person who has no recognised nationality to any jurisdiction is regarded as stateless.


Principles

Nationality law can be broadly categorized into three principles: # '' jus soli'', or right by birth on the soil; # '' jus sanguinis'', or right of the blood; and # ''jus matrionii'', or right of marriage. Laws may be based on any one of these principles, but they commonly reflect a combination of all three principles. Generally speaking, countries in the Americas have a strong ''jus soli'' heritage.


Jus soli

''Jus soli'' is the principle, whereby birth on a country's territorial jurisdiction—e.g., land, or in some cases, vessel registered as being registered as under the jurisdiction of that country (aeroplanes, ships)—confers nationality of the country of birth to the child. In most countries, this originated from the English common law tradition that all persons born on the King's land owed an allegiance to the King. This law was inherited by the
colonies In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the '' metropolitan state'' ...
and subsequently codified into their own domestic laws, such as in the United States, Canada, Australia, etc. ''Jus soli'' laws are not always absolute: sometimes countries with ''jus soli'' laws require lawful residence in the country before the authorities will observe this right, such as in Cambodia or Thailand. Sometimes ''jus soli'' laws only operate generationally, such as in some Middle-Eastern countries, where a child born in the territory will only acquire nationality if the child's father (regardless of parental nationality) was born in the same territory. Sometimes ''jus soli'' will be restricted by age. There is also an intersection between the principles, wherein only persons of a certain race or blood will acquire nationality at birth. For instance, in Liberia, African-born persons will acquire nationality while those of non-African origin will not be entitled to this privilege.


Jus sanguinis

''Jus sanguinis'' is the principle whereby the nationality of a person is dictated by their blood (i.e., parentage or ancestry). For instance, in Italy, nationality may be transmitted perpetually if one can find an Italian ancestor up until the founding of the Italian state in their lineage. By contrast, other states may restrict their ''jus sanguinis'' transmission of nationality up to the registration of the second generation down the family line.


Jus matrimonii

Some states automatically confer nationality on the basis of marriage. A prominent example of a country with ''jus matrimonii'' laws is
Cape Verde , national_anthem = () , official_languages = Portuguese , national_languages = Cape Verdean Creole , capital = Praia , coordinates = , largest_city = capital , demonym ...
. The common practice within and among states at the beginning of the 20th century was that a woman should have the nationality of her husband; i.e., upon marrying a foreigner, the wife would automatically acquire the nationality of her husband and lose her previous nationality, often with the reciprocal recognition by the other country. Legal provisions existed that automatically
naturalised Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
married women, and sometimes married men as well. This led to a number of problems, such as: loss of the spouses' original nationality; spouses losing the right to
consular assistance Consular assistance is help and advice provided by the diplomatic agents of a country to citizens of that country who are living or traveling overseas. The diplomats may be honorary consuls, or members of the country's diplomatic service. Such a ...
, as such cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals; and men becoming subject to military service obligations. There has been a shift towards a principle that neither marriage nor dissolution of marriage automatically affecting the nationality of either spouse, nor of a change of nationality by one spouse during marriage automatically affecting the nationality of their spouse. However, in many jurisdictions spouses can still obtain special and fast processing of applications for naturalisation.


Naturalization

Most states today allow for aliens to acquire a nationality via a process known as naturalization on the basis of long-term residence and other conditions. This process and the conditions it entails are detailed in the states' nationality laws. Some nationality laws have special provisions to make it easier for
diaspora A diaspora ( ) is a population that is scattered across regions which are separate from its geographic place of origin. Historically, the word was used first in reference to the dispersion of Greeks in the Hellenic world, and later Jews after ...
populations to become nationals.


Limits to nationality law

By international custom, each
sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined ter ...
generally has the right to freely determine who it will recognise as its nationals and citizens. de Groot, Gerard-René. 2006. "Nationality Law." Pp. 476–92 in ''Elgar Encyclopedia of Comparative Law'', edited by J. Smiths. p. 479. Edward Elgar Publishing. Such determinations may be made by custom, statutory law,
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
(precedent), or a combination of either. In some cases, the determination may be governed by public international law—e.g., by treaties and the European Convention on Nationality. Nevertheless, states' rights to determine who their nationals are is not absolute, and states must comply with their human rights obligations concerning the granting and loss of nationality. In particular, nationals must not be arbitrarily deprived of their nationality. The right to a nationality and the prohibition against depriving one's nationality is codified in article 15 of the "
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...
". Article 1 of the " Convention on Certain Questions Relating to the Conflict of Nationality Laws" states: :It is for each State to determine under its own law who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognised with regard to nationality. The "
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a hum ...
" went further in limiting state's right to determine nationality: : e manners in which States regulate matters bearing on nationality cannot today be deemed within their sole jurisdiction; he powers enjoyed by the States in that areaare also circumscribed by their obligations to ensure the full protection of human rights.


Ethnic group-related provisions, by country

The nationality laws of several countries have special provisions in them to simplify
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
of favored ethnic groups. The laws in these countries appear to reflect a desire by governments to guarantee a safe haven to
diaspora A diaspora ( ) is a population that is scattered across regions which are separate from its geographic place of origin. Historically, the word was used first in reference to the dispersion of Greeks in the Hellenic world, and later Jews after ...
populations, particularly those assumed to be living under precarious conditions. A non-exhaustive list of such countries laws follows.


Armenia

Article 14 of the
Constitution of Armenia The Constitution of Armenia was adopted by a nationwide Armenian referendum on July 5, 1995. This constitution established Armenia as a democratic, sovereign, social, and constitutional state. Yerevan is defined as the state's capital. Power ...
(1995) provides that " dividuals of Armenian origin shall acquire nationality of the Republic of Armenia through a simplified procedure." This provision is consistent with the ''
Declaration on Independence of Armenia The Declaration of State Sovereignty of Armenia was signed by Armenia's president Levon Ter-Petrossian and Supreme Council of Armenia secretary Ara Sahakian on August 23, 1990 in Yerevan, Armenia. The Republic of Armenia was established on Septemb ...
'', issued by the Supreme Soviet of Armenia in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia."


Bulgaria

According to the Constitution of Bulgaria, Article 25(2): "A person of
Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...
n origin shall acquire Bulgarian nationality through a facilitated procedure." Chapter Two of the ''Bulgarian Citizenship Act'' is entitled "Acquisition of Bulgarian Citizenship", the first section of which is entitled "Acquisition of Bulgarian Citizenship by Origin", and provides at article 9 that " y person...whose descent from a Bulgarian citizen has been established by way of a court ruling shall be a Bulgarian citizen by origin." Separately, article 15 of the ''Act'' provides that " y person who is not a Bulgarian citizen may acquire Bulgarian citizenship...if he/she...is of a Bulgarian origin."


China

The immigration law of China gives priority to returning
Overseas Chinese Overseas Chinese () refers to people of Chinese birth or ethnicity who reside outside Mainland China, Hong Kong, Macau, and Taiwan. As of 2011, there were over 40.3 million overseas Chinese. Terminology () or ''Hoan-kheh'' () in Hokkien, ref ...
(i.e., ethnic Chinese who were living abroad). As a result of the intersection between this provision—and other factors such as China's poor human-rights record that discourage foreign nationals in general from wanting to move there—practically all immigrants to China are ethnic Chinese, including many whose families lived outside of China for generations. The Chinese government encourages the return of Overseas Chinese with various incentives not available to others, such as "tax breaks, high salaries and exemptions from the
one-child policy The term one-child policy () refers to a population planning initiative in China implemented between 1980 and 2015 to curb the country's population growth by restricting many families to a single child. That initiative was part of a much bro ...
if they had two children while living abroad." The "rights and interests of returned overseas Chinese" are afforded special protection according to Articles 50 and 89(12) of the Chinese Constitution.


Hong Kong

In April 2015, the Hong Kong Government announced a pilot scheme named "Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents" (ASSG).


Taiwan

The immigration law of
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
(officially the Republic of China) gives priority to returning Taiwanese and
overseas Chinese Overseas Chinese () refers to people of Chinese birth or ethnicity who reside outside Mainland China, Hong Kong, Macau, and Taiwan. As of 2011, there were over 40.3 million overseas Chinese. Terminology () or ''Hoan-kheh'' () in Hokkien, ref ...
who are not nationals of the People's Republic of China, Chinese who were living abroad, and encourages their return. However, although
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeas ...
have not ceded the claim on mainland China, the government does not consider the people in mainland China, Hong Kong and Macau as Republic of China nationals. Overseas ethnic Chinese can register as Republic of China national and apply for a Republic of China passport, however, they do not automatically have a right of return to Taiwan area if they don't have a household registration there. Not all Republic of China nationals have a right of return to Taiwan area even if they hold a Republic of China passport—specifically, those without a household registration in Taiwan area do not automatically have the right of return, may be refused entry, removed or deported from Taiwan area, and an entry permit is needed before 2011.


Czech Republic

The
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
grants nationality—and thus the right of residence—to anyone whose parents are or were Czech nationals, unless the individual is also a national of a country that has a treaty with the Czech Republic barring dual nationality of the Czech Republic and that country. Moreover, people of Czech origin might be granted the right to permanent residence (Czech origin is a reason worth of consideration). In 1995, the Czech Republic amended its Nationality Law to provide the Interior Ministry with the discretion to waive the usual five-year residency requirement for foreigners that had been resettled in the Czech Republic by 31 December 1994. This amendment was aimed particularly at several hundred ethnic
Czechs The Czechs ( cs, Češi, ; singular Czech, masculine: ''Čech'' , singular feminine: ''Češka'' ), or the Czech people (), are a West Slavic ethnic group and a nation native to the Czech Republic in Central Europe, who share a common ancestry, ...
which had been brought by the Czech government from the
Ukrainian Ukrainian may refer to: * Something of, from, or related to Ukraine * Something relating to Ukrainians, an East Slavic people from Eastern Europe * Something relating to demographics of Ukraine in terms of demography and population of Ukraine * So ...
region of
Volhynia Volhynia (also spelled Volynia) ( ; uk, Воли́нь, Volyn' pl, Wołyń, russian: Волы́нь, Volýnʹ, ), is a historic region in Central and Eastern Europe, between south-eastern Poland, south-western Belarus, and western Ukraine. The ...
, and was of a limited duration. The amendment was consistent with what the Czech Ministry of Labor and Social Affairs has identified as "the Czech government's policy principles regarding the resettlement of foreigners of Czech origin living abroad." A private fund, the People In Need
Czech TV Czech Television ( cs, Česká televize, italics=no ; abbreviation: ČT) is a public television broadcaster in the Czech Republic, broadcasting seven channels. Established after the Velvet Revolution in 1992, it is the successor to Czechoslov ...
Foundation, worked with government authorities between 1995 and 2001 to effect this resettlement in the specific instance of Russian and Kazakh nationals of Czech origin, and had resettled approximately 750 such persons as of 2000.


Finland

The ''Finnish Aliens Act'' provides for persons who are of Finnish origin to receive permanent residence. It is usually Ingrian Finns from the former Soviet Union who exercise this right, though American, Canadian, and Swedish nationals with Finnish ancestry are eligible. The Finnish Immigration Service states that, under certain conditions, persons with "Finnish roots" or an otherwise "close connection to Finland" may receive a residence permit in Finland without the requirement of any further grounds (e.g., work or studies). Receiving a residence permit depends on the directness and closeness of Finnish ancestry. If the ancestry dates back several generations, a residence permit cannot be granted on this basis. According to the Immigration Service, people who may be granted a residence permit based on these conditions can be divided into the following three groups: * former Finnish nationals * persons of other Finnish origin, including those who have at least one parent or grandparent who has been a native Finnish national. * persons who either were evacuated from Ingria or served in the Finnish army in 1939–1945. This group includes persons from areas of the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
who have been determined to be of Finnish nationality by Soviet or post-Soviet authorities; or who have at least one parent or two grandparents who have been determined to be of Finnish nationality in official documents (e.g., in their internal passports). This group also includes all persons who were transferred to Finland between 1943–1943 from areas occupied by Germany and were subsequently returned to Soviet Union; or who served in the Finnish Defence Forces during the
Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
qualify. To qualify for permanent residence permit, the persons in this group must have a basic knowledge of spoken and written Finnish or Swedish. The knowledge is tested in pre-immigration training and in a subsequent language test. In addition, they must have a pre-arranged permanent residence in Finland, but the labour authorities assist in finding an apartment.


Greece

Various phenomena throughout Greek history (e.g., the extensive colonization by classical Greek city states; the vast expansion of Greek culture in Hellenistic times; the large dominions at times held by the Greek-speaking Byzantine Empire; and the energetic trading activity by Greeks under the Ottomans) all tended to create Greek communities far beyond the boundaries of modern Greece. Recognizing this situation, Greece grants nationality to broad categories of people of ethnic Greek ancestry who are members of the Greek diaspora, including individuals and families whose ancestors have been resident in diaspora communities outside the modern state of Greece for centuries or millennia. "Foreign persons of Greek origin," who neither live in Greece, hold Greek nationality, or were necessarily born there may become Greek nationals by enlisting in Greece's military forces, under article 4 of the ''Code of Greek Citizenship'', as amended by the ''Acquisition of Greek Nationality by Aliens of Greek Origin Law'' (Law 2130/1993). Anyone wishing to do so must present a number of documents, including " ailable written records...proving the Greek origin of the interested person and his ancestors."


India

A Person of Indian Origin (PIO) is a person living outside of India and without Indian nationality, but of Indian origin up to four generations removed. It is available to persons of Indian origin anywhere in the world as long as they have never been nationals of Pakistan or of Bangladesh (a reservation excluding Muslims who joined Pakistan during or after the 1947 partition). This unusual type of nationality by descent is an intermediate form of nationality in that it does not grant the full portfolio of rights enjoyed by Indian citizens. The '' Citizenship (Amendment) Act 2003'' and ''Citizenship (Amendment) Ordinance 2005'' make provision for an even newer form of Indian nationality, the holders of which are to be known as Overseas Citizens of India (OCI). Overseas nationality is not substantially different from PIO rights. Holding either PIO or OCI status does, however, facilitate access to full Indian citizenship. An OCI who has been registered for five years, for instance, need be resident for only one year in India before becoming a full national.


Ireland

Irish nationality law provides for acquisition on the basis of at least one Irish grandparent. Note that, for the purposes of Irish nationality law, a person born anywhere on the
island of Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
is considered "Irish." (The island includes
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
, which is part of the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, where British nationality law applies; thus, people born in Northern Ireland are entitled to both British and Irish nationality.) The entitlement to nationality of all people born on Ireland and its islands was stipulated by the 1922 Constitution of the Irish Free State and the 1937 Constitution of Ireland, and reinforced by the 1998 Belfast Agreement. A person born outside of Ireland with entitlement to Irish nationality through a grandparent born in Ireland may pass that right on to her or his own children. To do so, however, that person must register her or his birth in Ireland's Foreign Births Register prior to the children's births. Irish law also automatically grants nationality at birth to any individual born abroad to a parent who was born in Ireland, without the need to register with the DFA prior to the granting of citizen's rights like holding an Irish passport. Separately from this right, the Irish minister responsible for immigration may dispense with conditions of naturalisation to grant nationality to an applicant who "is of Irish descent or Irish associations," under section 15 of the ''Irish Nationality and Citizenship Act, 1986''. With rare exceptions the applicant must be resident in the island of Ireland before applying for naturalisation.


Israel

The ''Law of Return'' is legislation enacted by
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
in 1950, that gives all
Jews Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, persons of Jewish ancestry up to at least one Jewish grandparent, and spouses of Jews the right to immigrate to and settle in Israel and obtain nationality, and obliges the Israeli government to facilitate their immigration. Originally, the law applied to Jews only, until a 1970 amendment stated that the rights "are also vested in a child and a grandchild of a Jew, the spouse of a Jew, the spouse of a child of a Jew and the spouse of a grandchild of a Jew." This resulted in several hundreds of thousands of persons qualifying for immigration to Israel (mainly from the former Soviet Union) but not being recognized as Jews by the Israeli religious authorities, which on the basis of
halakha ''Halakha'' (; he, הֲלָכָה, ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws which is derived from the written and Oral Torah. Halakha is based on biblical commandm ...
recognize only the child of a Jewish mother as being Jewish. People who would be otherwise eligible for this law can be excluded if they can reasonably be considered to constitute a danger to the welfare of the state, have a criminal past, or are wanted fugitives in their countries with the exception of persecution victims. Jews who convert to another religion also lose the right of return. Since 1950 2,734,245 Jews have immigrated to Israel.


Japan

A special visa category exists exclusively for foreign descendants of Japanese emigrates ('' nikkeijin'') up to the third generation, which provides for long-term residence, unrestricted by occupation, but most ''nikkeijin'' cannot automatically acquire Japanese nationality, and must instead go through the process of
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
. However, the Minister of Justice can waive the age and residence requirements if an applicant for naturalization has a special relationship to Japan, such as a Japanese parent.


Norway

The Kola Norwegians were
Norwegians Norwegians ( no, nordmenn) are a North Germanic peoples, North Germanic ethnic group and nation native to Norway, where they form the vast majority of the population. They share a common culture and speak the Norwegian language. Norwegians a ...
who settled along the coastline of the
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
n
Kola Peninsula The Kola Peninsula (russian: Кольский полуостров, Kolsky poluostrov; sjd, Куэлнэгк нёа̄ррк) is a peninsula in the extreme northwest of Russia, and one of the largest peninsulas of Europe. Constituting the bulk ...
from approximately 1850 to the closure of the border in the 1920s. It is estimated that around 1000 Norwegians lived on the Kola peninsula in 1917. The Kola Norwegians were deported to or put in camps in other parts of Russia during the course of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
. It was only after 1990 that many of the Kola Norwegians again dared to emphasize their background. Only a few had been able to maintain a rusty knowledge of Norwegian. Some of them have migrated back to Norway. There are special provisions in the Norwegian rules of immigration and nationality which eases this process for many Kola Norwegians. These provisions are in general stricter than in some other countries giving "Right of return." In order to obtain a permit to immigrate and work in Norway a Kola Norwegian will have to prove an adequate connection to Norway such as having at least two grandparents from Norway. Citizenship will then be awarded according to regular rules. As of 2004 approximately 200 Kola Norwegians had moved back to Norway.


Philippines

'' Republic Act No. 9225'', approved 29 August 2003, provided that all Philippine nationals who become nationals of another country shall be deemed not to have lost their Philippine nationality. It further states that natural-born Filipinos who have lost their Philippine nationality in this manner may repatriate by taking an oath of allegiance to the Republic, and that their children whether legitimate, illegitimate or adopted, below 18 years of age, shall be deemed nationals of the Philippines.


Russia

Russia offers citizenship to individuals descended from Russian ancestors who can demonstrate an affinity for Russian culture and, preferably, speak Russian. Concern about Russia's shrinking population prompted the program. This has had a positive effect because this has not only reversed Russia's population decline but has also increased the birth rate. Officials estimate that 25 million members of the Russian diaspora are eligible for nationality. The Foreign Ministry has sent emissaries to countries around the world to urge the descendants of Russian emigrants to return home. The majority of these emigrants have returned from Ukraine, many of them young men looking for better education and job opportunities. The
Crimean War The Crimean War, , was fought from October 1853 to February 1856 between Russia and an ultimately victorious alliance of the Ottoman Empire, France, the United Kingdom and Piedmont-Sardinia. Geopolitical causes of the war included the ...
in 2014 triggered a mass exodus of ethnic Russians living in Crimea.


Spain

There are three categories of Spanish nationality: # ''de origen'' ('original') # ''por residencia'' ('by residence') # ''por opción'' ('by choice') ''De origen'' is (almost exclusively) acquired at the moment of birth, mainly to a Spanish parent, and can never be lost. ''Por residencia'' is acquired through a predetermined period of legal residency in Spain. This distinction is important because Spanish nationality laws primarily follow ''iure sanguinis,'' including those relating to the right of return. The third category, ''por opción'' ('by choice'), is given to some people of Spanish origins that, though not complying with the requisites to attain nationality through origin, are able to prove close ties to Spain; this option is given mainly to the children of people that have attained or recovered Spanish nationality after their birth, but it has age limits and one must exercise this choice prior turning 20 (in some countries, like Argentina, prior turning 23, as majority of age is attained at 21 there). Most of the ''por opción'' clauses do not confer original status (except those included in the Historical Memory Law), thus it can be lost, and, in case one possesses nationality other than those described below as historically related to Spain (e.g., United States), renounce their current nationality in front of Spanish consular officials. In practice this renunciation has little practical effect, and in some cases no effect, as only renunciations made to one's own country's officials has an effect on the linked nationality. The
Historical Memory Law Law 52/2007 That recognises and broadens the rights and establishes measures in favour of those who suffered persecution or violence during the Civil War and the Dictatorship (in Spanish: ''Ley 52/2007 por la que se reconocen y amplían derechos ...
() which took effect in December 2008, introduced temporary two-year changes to current Spanish nationality laws. Those whose father or mother were born original Spaniards (regardless of their place of birth, whether they are still living, or whether they currently hold Spanish nationality) and those whose grandparents emigrated due to political or economic reasons will have the right to ''de origen'' Spanish nationality. Until and while the Law of Historic Memory takes effect, the following laws will also apply: # Natural-born Spanish emigrants (mainly
exiles Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suf ...
from the
Spanish Civil War The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlism, Carlists, and The Rebellion ( es, La Rebeli ...
and economic migrants) and their children are eligible to ''recover'' their ''de origen'' Spanish nationality without the requirement of residence in Spain. They also have the right to maintain any current nationality they possess. # Regardless of their place of birth, the adult children and grandchildren of original Spaniards (original Spaniards are those who, at the moment of their birth, were born to people who possessed Spanish citizenship) can also access Spanish nationality on softer terms than other foreigners: they require just 1 year of legal residence, and they are exempted from work restrictions. This law in practice also benefits the great-grandchildren of emigrant Spaniards as long as their grandparents (born outside of Spain) are/were original Spaniards. # Ibero-Americans and nationals of other countries historically related to Spain (Portugal, Andorra, Philippines, and Equatorial Guinea) also have a Right of Return: They can apply to Spanish nationality after 2 years of legal residence (the usual time is 10 years for most foreigners) and they have the right to keep their birth nationality.
Spanish Civil Code The Civil Code of Spain ( es, Código Civil), formally the Royal Decree of 24 July 1889 ( es, Real Decreto de 24 de julio de 1889) is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental ...
of 2002
article 22
.
# Those of
Sephardic Jew Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), pt, Judeus sefa ...
ish origin also have the right to apply for nationality after a year of legal residency in Spain. Since the rediscovery of
Sephardi Sephardic (or Sephardi) Jews (, ; lad, Djudíos Sefardíes), also ''Sepharadim'' , Modern Hebrew: ''Sfaradim'', Tiberian: Səp̄āraddîm, also , ''Ye'hude Sepharad'', lit. "The Jews of Spain", es, Judíos sefardíes (or ), pt, Judeus sefa ...
Jews during the campaigns of General Juan Prim in Northern Africa, the Spanish government has taken friendly measures towards the descendants of the Jews expelled from Spain in 1492 under the
Alhambra Decree The Alhambra Decree (also known as the Edict of Expulsion; Spanish: ''Decreto de la Alhambra'', ''Edicto de Granada'') was an edict issued on 31 March 1492, by the joint Catholic Monarchs of Spain (Isabella I of Castile and Ferdinand II of Arag ...
and persecuted by the Spanish Inquisition. The motivation for these measures was a desire to repair a perceived injustice, the need of a collaborative base of natives in Spanish Morocco, and an attempt to attract the sympathy of wealthy European Sephardis like the
Pereiras Pereiras is a municipality in the state of São Paulo São Paulo (, ; Portuguese for ' Saint Paul') is the most populous city in Brazil, and is the capital of the state of São Paulo, the most populous and wealthiest Brazilian state, locat ...
of France. The
Alhambra Decree The Alhambra Decree (also known as the Edict of Expulsion; Spanish: ''Decreto de la Alhambra'', ''Edicto de Granada'') was an edict issued on 31 March 1492, by the joint Catholic Monarchs of Spain (Isabella I of Castile and Ferdinand II of Arag ...
was revoked. In November 2012, the Spanish government announced that it would eliminate the residency period for Sephardic Jews, and permit them to maintain dual nationality, on the condition that such naturalization applicants presented a certificate of their Sephardic status from the Federation of Jewish Communities in Spain. Spanish diplomacy exercised protection over Sephardis of the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University ...
and the independent Balkanic states succeeding it. The government of Miguel Primo de Rivera decreed in 1924 that every Sephardi could claim Spanish nationality. This right was used by some refugees during the Second World War, including the
Hungarian Jews The history of the Jews in Hungary dates back to at least the Kingdom of Hungary, with some records even predating the Hungarian conquest of the Carpathian Basin in 895 CE by over 600 years. Written sources prove that Jewish communities lived ...
saved by
Ángel Sanz Briz Ángel Sanz Briz (28 September 1910 – 11 June 1980) was a Spanish diplomat who served under Francoist Spain during World War II. He saved the lives of some five thousand Hungarian Jews from deportation to Auschwitz. Sanz Briz is sometimes refe ...
and Giorgio Perlasca. This decree was again put to use to receive some Jews from
Sarajevo Sarajevo ( ; cyrl, Сарајево, ; ''see names in other languages'') is the capital and largest city of Bosnia and Herzegovina, with a population of 275,524 in its administrative limits. The Sarajevo metropolitan area including Sarajevo ...
during the
Bosnian War The Bosnian War ( sh, Rat u Bosni i Hercegovini / Рат у Босни и Херцеговини) was an international armed conflict that took place in Bosnia and Herzegovina between 1992 and 1995. The war is commonly seen as having started ...
. In October 2006, the
Andalusia Andalusia (, ; es, Andalucía ) is the southernmost autonomous community in Peninsular Spain. It is the most populous and the second-largest autonomous community in the country. It is officially recognised as a "historical nationality". The ...
n
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
asked the three parliamentary groups that form the majority to support an amendment that would ease the way for Morisco descendants to gain Spanish nationality. The proposal was originally made by IULV-CA, the Andalusian branch of the United Left. Such a measure might have benefited an indeterminate number of people, particularly in
Morocco Morocco (),, ) officially the Kingdom of Morocco, is the westernmost country in the Maghreb region of North Africa. It overlooks the Mediterranean Sea to the north and the Atlantic Ocean to the west, and has land borders with Algeria to A ...
. However, the call went unheeded by the central Spanish authorities.


Ukraine

According to
Ukrainian Ukrainian may refer to: * Something of, from, or related to Ukraine * Something relating to Ukrainians, an East Slavic people from Eastern Europe * Something relating to demographics of Ukraine in terms of demography and population of Ukraine * So ...
law, anyone who was a citizen of the
Ukrainian Soviet Socialist Republic The Ukrainian Soviet Socialist Republic ( uk, Украї́нська Радя́нська Соціалісти́чна Респу́бліка, ; russian: Украи́нская Сове́тская Социалисти́ческая Респ ...
who was residing in Ukraine at the time of its declaration of independence and any stateless person living on the territory of Ukraine at the moment of its declaration of independence was granted nationality. Anyone born abroad to at least one parent with Ukrainian nationality, including permanent residents of Ukraine, is entitled to Ukrainian nationality. Children born within the territory of Ukraine to at least one Ukrainian parent, stateless persons with at least one Ukrainian grandparent, and children adopted by Ukrainian citizens are also eligible to become nationals.


United Kingdom

The '' British Nationality Act 1948'' conferred full and equal nationality and settlement rights in Britain on all 800 million subjects of the worldwide British Empire. The ''
Commonwealth Immigrants Act 1968 The Commonwealth Immigrants Act 1968 (c. 9) was an Act of the Parliament of the United Kingdom. The Act The Act amended the Commonwealth Immigrants Act 1962, further reducing rights of citizens of the Commonwealth of Nations countries (as of ...
'', amending legislation passed in 1962, removed the right of entry from 200,000 south Asians long resident in British East Africa who had become the victims of the Africanization drive in newly independent
Kenya ) , national_anthem = " Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
and wished to move to Britain.Joppke, Christian, ''Immigration and the Nation-State; The United States, Germany and Great Britain,'' Oxford, Oxford University Press, 1999, p.109 The act required "substantial connection" to Britain, defined as: Further provisions extended rights to stepchildren. The wording of this legislation refers to 'Citizenship', 'Naturalisation' and 'Residence', and at no point refers to any specific ethnicity or ethnic group. Announcing his support for right of return legislation in Britain, Member of Parliament Quintin Hogg stated that, "All the great nations of the earth have what the Jews call a Diaspora," and affirmed that nations "special and residual obligation(s) toward them," which include recognizing their right to nationality.Joppke, Christian, ''Immigration and the Nation-State; The United States, Germany and Great Britain,'' Oxford, Oxford University Press, 1999, p.110 The ''
Immigration Act 1971 The Immigration Act 1971c 77 is an Act of the Parliament of the United Kingdom concerning immigration and nearly entirely remaking the field of British immigration law. The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, res ...
'' affirmed the principles of the 1968 legislation, giving the right of immigration to the grandchildren of British nationals and nationals born in the Commonwealth nations. It was in effect long enough to enable the descendants of ethnic Britons to return to Britain from the former colonies. The '' British Nationality Act 1981'' differentiated between British nationality,
British Overseas Citizenship A British Overseas citizen (BOC) is a holder of a residual class of British nationality law, British nationality, largely held by people connected with List of countries that have gained independence from the United Kingdom, former British c ...
, and British Dependent Territory Citizenship, recognizing the right of settlement only for British nationals. It is notable that it was enacted after the contraction of the Empire was completed, and was offered to all substantial populations of descendants of ethnic Britons in the former colonies.


United States

The ''
Immigration and Nationality Act of 1965 The Immigration and Nationality Act of 1965, also known as the Hart–Celler Act and more recently as the 1965 Immigration Act, is a federal law passed by the 89th United States Congress and signed into law by President Lyndon B. Johnson. The ...
'', the latest of a series of such Acts, establishes nationality law of the United States. This is codified in Chapter 12 of Title 8 of the U.S. Code, in which section 101(a)(22) states that the term "national of the United States" means: The explanatory comments of this section, when originally written in 1940, provided clarification that all citizens were nationals of the United States but not all nationals were citizens.


Other countries

* Belarus: The Citizenship Act of the Republic of Belarus (2002) states that permanent-residence term requirements may be waived for ethnic Belarusians and descendants of ethnic Belarusians born abroad. * Croatia: Article 11 of
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
's law on nationality () defines emigrants (), and provides privileges by excluding them from certain conditions imposed on others. The Croatian diaspora makes use of this to obtain dual nationality or to return to Croatia. * Estonia: Article 36 (3) of the Constitution of Estonia states that "Every
Estonian Estonian may refer to: * Something of, from, or related to Estonia, a country in the Baltic region in northern Europe * Estonians, people from Estonia, or of Estonian descent * Estonian language * Estonian cuisine * Estonian culture See also * ...
is entitled to settle in
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, an ...
." * Ghana:
Ghana Ghana (; tw, Gaana, ee, Gana), officially the Republic of Ghana, is a country in West Africa. It abuts the Gulf of Guinea and the Atlantic Ocean to the south, sharing borders with Ivory Coast in the west, Burkina Faso in the north, and Tog ...
's '' right of abode'' law allows for people of African descent to settle in the country. * Hungary: In 2010, Hungary passed a law granting nationality and the right of return to descendants of Hungarians living mostly on the former territory of the Hungarian Kingdom and now residing in Hungary's neighbouring countries.
Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the ...
, which has 500,000 ethnic Magyar citizens (10% of its population) objected vociferously.Pandora's Passport, Hungary extends citizenship beyond its borders, Slovakia retaliates," The Economist, June 5, 2010, p. 60. * Iraq: see ''
Iraqi nationality law Iraqi nationality is transmitted by one's parents. History The first nationality law was passed in 1924, and that year, on 6 August, all people within the bounds of Iraqi jurisdiction automatically acquired Iraqi citizenship. According to Zainab ...
''. * Kazakhstan: see ''
Oralman Oralman ( kk, Қандас; ) is a term used by Kazakh authorities to describe ethnic Kazakhs who have re-immigrated to Kazakhstan since the country gained independence from the Soviet Union in 1991. According to Article 1 of the Law of the R ...
''. * Lithuania: From the Constitution of Lithuania, Article 32(4): "Every Lithuanian person may settle in Lithuania." * Poland: From the Constitution of Poland, Article 52(5): "Anyone whose Polish origin has been confirmed in accordance with statute may settle permanently in Poland." (see '' Polish nationality law''.) * Portugal: On April 12, 2013, the Portuguese parliament approved unanimously an amendment to its nationality laws which would permit the descendants of
Jews expelled from Portugal On 5 December 1496, King Manuel I of Portugal signed the decree of expulsion of Jews and Muslims to take effect by the end of October of the next year.António José Saraiva: The Marrano Factory: The Portuguese Inquisition and Its New Christian ...
in the 16th century to become
Portuguese citizens Portuguese nationality law details the conditions by which a person is a national of Portugal. The primary law governing nationality regulations is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of t ...
. * Romania: Romania extends nationality to all former nationals, as well as to the children and grandchildren of those who have lost their Romanian nationality, regardless of ethnic background. * South Korea: " Overseas Korean" are eligible for dual nationality. * Serbia: Article 23 of the 2004 nationality law provides that the descendants of emigrants from
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
, or ethnic Serbs residing abroad, may take up nationality upon written declaration.


See also

*
Immigration law Immigration law refers to the national statutes, regulations, and legal precedents governing immigration into and deportation from a country. Strictly speaking, it is distinct from other matters such as naturalization and citizenship, although ...
*
Foreign born Foreign-born (also non-native) people are those born outside of their country of residence. Foreign born are often non-citizens, but many are naturalized citizens of the country in which they live, and others are citizens by descent, typically ...
* Citizenship Act (disambiguation) * History of citizenship * Dual nationality *
Passport A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal ...
*
Political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entit ...
*
Human migration Human migration is the movement of people from one place to another with intentions of settling, permanently or temporarily, at a new location (geographic region). The movement often occurs over long distances and from one country to another (ex ...


References

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