Comorian nationality law
Nationality law is the law of a sovereign state, 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 and for ...
is regulated by the
Constitution of the Comoros
The Constitution of the Comoros was adopted on 23 December 2001 and last amended in May 2009.
Current constitution
Constitutional history 1977–1991
The 1977 constitutiontext) proposed by the government of Ali Soilih was approved by only 55 per ...
, as amended; the Comorian Nationality Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of the Comoros. The legal means to acquire
nationality
Nationality is the legal status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.
In international law, n ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship
Citizenship is a membership and allegiance to a sovereign state.
Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...
. Comorian nationality is typically obtained under the principle of
jus soli
''Jus soli'' ( or , ), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to ''jus sanguinis'' ('right of blood') ass ...
, i.e. by birth in the Comoros, or
jus sanguinis
( or , ), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of thei ...
, born abroad to parents with Comorian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization. The country no longer allows for nationality to be acquired
through investment.
Acquisition of nationality
Nationality can be acquired in the Comoros at birth or later in life through naturalization.
By birth
Those who acquire nationality at birth include:
* Children born anywhere who have at least one parent who is a native-born Comorian national;
* Children born in the Comoros to foreigners who are still residing in the islands at majority may obtain nationality of origin by request; or
*
Foundlings or
orphans
An orphan is a child whose parents have died, are unknown, or have permanently abandoned them. It can also refer to a child who has lost only one parent, as the Hebrew translation, for example, is "fatherless". In some languages, such as Swedis ...
discovered in the territory whose parents are unknown.
By naturalization
Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they understand the customs and traditions of the society. General provisions are that applicants have good mental and physical health, are of good character, have sufficient means to economically provide for themselves, and have resided in the country for ten years. Besides foreigners meeting the criteria, other persons who may be naturalized include:
* The legal wife of a Comorian national automatically derives her husband's nationality upon marriage;
* The husband of a Comorian national may naturalize after five years of residency in the country;
* Minor children and a wife can be automatically naturalized when their parent or spouse acquires nationality;
* Adoptees who were adopted by a national as a minor can acquire Comorian nationality without a residency period after they have reached the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when a person ceases to be considered a minor (law), minor, and assumes legal control over their person, actions, and decisions, thus te ...
;
* Persons who have significantly contributed to the artistic, literary, or scientific development of the country can naturalize after five years of residency; or
* A foreigner who has performed exceptional services to the nation can naturalize without meeting residency requirements.
Loss of nationality
Comorian nationals cannot be
denaturalized
Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the state ...
, if they were born in the territory, but they are allowed to