Cypriot Nationality Law
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The primary law governing
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 ...
of
Cyprus Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of isl ...
is the Republic of Cyprus Citizenship Law, 1967, which
came into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this ...
on 28 July 1967. Regulations apply to the entire
island of Cyprus Cyprus is an island in the Eastern Basin of the Mediterranean Sea. It is the third-largest island in the Mediterranean, after the Italian islands of Sicily and Sardinia, and the 80th-largest island in the world by area. It is located south of ...
, which includes the Republic of Cyprus itself and
Northern Cyprus Northern Cyprus, officially the Turkish Republic of Northern Cyprus (TRNC), is a ''de facto'' state that comprises the northeastern portion of the Geography of Cyprus, island of Cyprus. It is List of states with limited recognition, recognis ...
, a breakaway region that is diplomatically recognised only by
Turkey Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
as the Turkish Republic of Northern Cyprus (TRNC). Cyprus is a
member state of the European Union The European Union (EU) is a political and economic union of Lists of member states of the European Union, 27 member states that are party to the EU's Treaties of the European Union, founding treaties, and thereby subject to the privileges and ...
(EU) and all Cypriot nationals are
EU citizens The European Union citizenship is a legal status afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU ...
. They are entitled to free movement rights in EU and
European Free Trade Association The European Free Trade Association (EFTA) is a regional trade organization and free trade area consisting of four List of sovereign states and dependent territories in Europe, European states: Iceland, Liechtenstein, Norway and Switzerland. ...
(EFTA) countries, and may vote in
elections to the European Parliament Elections to the European Parliament take place every five years by universal adult suffrage; with more than 400 million people eligible to vote, they are the second largest democratic elections in the world after India's. Until 2019, 751 ...
. Individuals born to at least one Cypriot parent automatically acquire citizenship at birth only if neither parent is considered an illegal migrant. Birth in Cyprus by itself does not make a child eligible for citizenship. Foreign nationals may become Cypriot citizens by
naturalisation Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the ...
after completing a residence requirement (normally seven years). Cyprus was previously a colony of the British Empire and local residents were
British subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...
s. Although Cyprus gained independence in 1960 and Cypriot citizens no longer hold British nationality, they remain
Commonwealth citizen A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but may grant limited citizenship rights ...
s under British law. When residing in 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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, Cypriot citizens are eligible to vote in
UK elections There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom (commonly called 'general elections' when all seats are contested), elections to devolved parliaments and assemblies, local electio ...
and serve in public office there.


History


Colonial-era policies

The island of Cyprus was conquered by the
Ottoman Empire The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...
in 1570. Accordingly, Ottoman nationality law applied to the island. Cyprus was governed by the Ottomans for three centuries until it was leased to the
British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...
in 1878. While the island remained under nominal Ottoman sovereignty, no authority on Cyprus existed to enforce Ottoman laws. Cypriot residents ostensibly remained Ottoman subjects but travelled using documents that labeled them as "natives of Cyprus" instead of Ottoman passports. Britain fully annexed the island at the start of the
First World War World War I or the First World War (28 July 1914 – 11 November 1918), also known as the Great War, was a World war, global conflict between two coalitions: the Allies of World War I, Allies (or Entente) and the Central Powers. Fighting to ...
in 1914 after Ottoman entry into the war in support of the
Central Powers The Central Powers, also known as the Central Empires,; ; , ; were one of the two main coalitions that fought in World War I (1914–1918). It consisted of the German Empire, Austria-Hungary, the Ottoman Empire, and the Kingdom of Bulga ...
and
British nationality law The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself (England, Wales, Scotland, and Nor ...
became applicable to the island, as was the case elsewhere in the British Empire. Cypriots and all other imperial citizens were
British subject The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...
s; any person born in Cyprus, 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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, or anywhere else within
Crown A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, parti ...
dominions was a natural-born British subject. Turkey formally relinquished all claims to Cyprus in the 1923
Treaty of Lausanne The Treaty of Lausanne (, ) is a peace treaty negotiated during the Lausanne Conference of 1922–1923 and signed in the Palais de Rumine in Lausanne, Switzerland, on 24 July 1923. The treaty officially resolved the conflict that had initially ...
and the island became a
Crown colony A Crown colony or royal colony was a colony governed by Kingdom of England, England, and then Kingdom of Great Britain, Great Britain or the United Kingdom within the English overseas possessions, English and later British Empire. There was usua ...
in 1925. Ottoman/Turkish subjects who were ordinarily resident in Cyprus on 5 November 1914 automatically became British subjects on that date. However, any such person had the right to choose Turkish nationality within two years of the treaty's enforcement, provided that they permanently departed Cyprus for Turkey within 12 months of that choice. While about 9,000 Turkish Cypriots elected to become Turkish nationals, most either did not leave or subsequently returned to Cyprus due to poor economic conditions in Anatolia. Colonial officials adhered to a policy of
divide and rule The term divide and conquer in politics refers to an entity gaining and maintaining political power by using divisive measures. This includes the exploitation of existing divisions within a political group by its political opponents, and also ...
, pitting the Greek and Turkish Cypriot communities against each other to weaken opposition to their own authority. Beginning in 1926, further Turkish migration to Anatolia was restricted by the colonial government seeking to curb high levels of Muslim population outflow. To help retain a sizable Turkish community, the colonial government enacted a law in 1930 that allowed Cypriots who opted for Turkish nationality under Lausanne but had not left the island to regain British nationality. They further claimed that the Cypriots who had chosen Turkish nationality and had already departed for Turkey still remained British subjects (unless they otherwise naturalised) because the terms of the Treaty of Lausanne had not been implemented in domestic law. Imperial nationality law was comprehensively reformed in 1948. The
British Nationality Act 1948 The British Nationality Act 1948 ( 11 & 12 Geo. 6. c. 56) was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (C ...
redefined British subject to mean any citizen of the United Kingdom, its colonies, or other Commonwealth countries.
Commonwealth citizen A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but may grant limited citizenship rights ...
was first defined in this Act to have the same meaning. While previously all subjects of the Empire held a common status through allegiance to the Crown, each Commonwealth country under the reformed system became responsible for legislating their own nationality laws and would maintain a common status by voluntary agreement among all the member states. British subjects under the previous meaning who held that status on 1 January 1949, because of a connection with the United Kingdom or a remaining colony (including Cyprus), became Citizens of the United Kingdom and Colonies (CUKC).


Independence and a tenuous republic

Greek Cypriots wanted ''
enosis ''Enosis'' (, , "union") is an irredentist ideology held by various Greek communities living outside Greece that calls for them and the regions that they inhabit to be incorporated into the Greek state. The idea is related to the Megali Idea ...
'' (union with
Greece Greece, officially the Hellenic Republic, is a country in Southeast Europe. Located on the southern tip of the Balkan peninsula, it shares land borders with Albania to the northwest, North Macedonia and Bulgaria to the north, and Turkey to th ...
) while Turkish Cypriots vehemently opposed this and favoured '' taksim'' (partition of the island). Each of these communities held a strong affinity to Greece or Turkey but no particular attachment to the idea of a Cyprus detached from either culture. Greek dissatisfaction with British rule led to open revolt in the 1950s during the
Cyprus Emergency The Cyprus Emergency was a conflict fought in British Cyprus between April 1955 and March 1959. The National Organisation of Cypriot Fighters (EOKA), a Greek Cypriot right-wing nationalist guerrilla organisation, began an armed campaign in s ...
, which ultimately resulted in the 1959
London and Zürich Agreements The London and Zürich Agreements (; ) for the constitution of Cyprus started with an agreement on 19 February 1959 in Lancaster House, London, between Turkey, Greece, the United Kingdom and Cypriot community leaders ( Archbishop Makarios III fo ...
and a multilateral accord between the UK, Greece, and Turkey on Cypriot independence in the following year. Cyprus became an independent republic on 16 August 1960, although Britain retained control of two military bases in
Akrotiri and Dhekelia Akrotiri and Dhekelia (), officially the Sovereign Base Areas of Akrotiri and Dhekelia (SBA), is a British Overseas Territories, British Overseas Territory made of two non-contiguous areas on the island of Geography of Cyprus, Cyprus. The area ...
. The
Constitution of Cyprus The Constitution of Cyprus is a document, ratified on August 16, 1960, that serves as the Supreme Law of the Republic of Cyprus (Suprema Lex Cypri) defining the system of government of the Cypriot Republic and the civil liberties for the Cypriot ...
specified that the requirements for holding Cypriot citizenship after independence would be determined by Annex D of the Treaty of Establishment. Any CUKC born in Cyprus automatically acquired Cypriot citizenship on that date if they were ordinarily resident in the country at any time within the five years immediately preceding independence, as well as any person born overseas to a father who also became a citizen., Annex D. CUKCs of Cypriot origin who had not resided in Cyprus during the five years before independence did not become Cypriot citizens and retained CUKC status. Former Ottoman subjects of Cypriot origin who had not become British subjects in 1914 were entitled to Cypriot citizenship on application, as well as widowed or divorced women who otherwise would have been married to Cypriot citizens. The Republic of Cyprus Citizenship Law later enacted by the House of Representatives in 1967 provides a full framework detailing citizenship requirements after that point.


Divided island

Tensions between the Greek and Turkish Cypriot political leadership led to a collapse of cooperative government in 1963 and triggered a period of sustained intercommunal violence that lasted until 1967. While the two communities were able to coexist in relative peace during the subsequent years, the military dictatorship of Greece successfully overthrew the Cypriot government in 1974. Consequently, Turkey invaded the northern part of Cyprus and divided the country, after which the Republic of Cyprus retained control over the southern two-thirds of the island. While Turkish Cypriots remained citizens of the Republic, their access beyond the border was restricted by the government of the occupied territories, which limited their access to Cypriot citizenship documents. The Turkish Republic of Northern Cyprus was established in 1983 in the northern part of the island and Turkish Cypriots became eligible for TRNC passports. However, because the TRNC is not recognised by any country other than Turkey, these documents have very little practical use outside these two countries and Turkish Cypriots were more inclined to obtain
Turkish passport Turkish passport () are issued to Turkish citizens for travel outside Turkey as per the Passport Act dated July 15, 1950. Citizens of the ''de facto'' state of the Turkish Republic of Northern Cyprus are also eligible to apply for a Turkish pass ...
s instead. After travel restrictions between the two regions were reduced after introduction of the
Annan Plan The Annan Plan (), also known as the Cyprus reunification plan, was a United Nations proposal to resolve the Cyprus dispute. The different parts of the proposal were based on the argumentation put forward by each party (Turkish Cypriots and Gree ...
, TRNC residents more frequently sought to obtain
Cypriot passport Cypriot passports are issued to citizens of Cyprus. Every Cypriot citizen is also a Commonwealth citizen and a citizen of the European Union. The Cypriot passport, along with the Cypriot identity card, allows for free right of movement and resi ...
s.


Commonwealth citizenship

All British subjects/Commonwealth citizens under the reformed structure of nationality created in 1948 initially held an automatic right to settle in the United Kingdom and
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration. In response, the British Parliament imposed immigration controls on any subjects originating from outside the
British Islands The British Islands is a term within the law of the United Kingdom which refers collectively to the following four polities: * the United Kingdom of Great Britain and Northern Ireland; * the Bailiwick of Guernsey (including the jurisdictio ...
with the
Commonwealth Immigrants Act 1962 The Commonwealth Immigrants Act 1962 ( 10 & 11 Eliz. 2. c. 21) was an Act of the Parliament of the United Kingdom. The Act entailed stringent restrictions on the entry of Commonwealth citizens into the United Kingdom. Only those with work permits ...
. Ireland had continued to allow all British subjects free movement despite independence in 1922 as part of the
Common Travel Area The Common Travel Area (CTA; , ) is an open borders area comprising the United Kingdom, Republic of Ireland, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Governed by non-binding agreements ...
arrangement, but moved to mirror Britain's restriction in 1962 by limiting this ability only to people born on the islands of
Great Britain Great Britain is an island in the North Atlantic Ocean off the north-west coast of continental Europe, consisting of the countries England, Scotland, and Wales. With an area of , it is the largest of the British Isles, the List of European ...
or Ireland. Britain somewhat relaxed these measures in 1971 for patrials, subjects whose parents or grandparents were born in the United Kingdom, which gave effective preferential treatment to white Commonwealth citizens. Following Cypriot independence in 1960, Commonwealth citizens of Cypriot descent have remained eligible for facilitated acquisition of citizenship; they may register as Cypriot citizens after 12 months of residence while other persons of Cypriot descent with non-Commonwealth nationality may only naturalise after living in the country for at least five years. The UK updated its nationality law to reflect the more modest boundaries of its remaining territory and possessions with the
British Nationality Act 1981 The British Nationality Act 1981 (c. 61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983. History In the mid-1970s the British Government decided to update the nationality code, which ha ...
, which redefined British subject to no longer also mean Commonwealth citizen. Cypriot citizens remain Commonwealth citizens in British law and continue to be eligible to vote and stand for public office in the UK. Individuals who did not acquire Cypriot citizenship at independence, retained CUKC status, and lacked
right of abode in the United Kingdom The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is ...
became reclassified as British Overseas citizens as part of the 1981 reform.


European integration

Cyprus joined the European Union as part of the EU's 2004 enlargement. Cypriot citizens have since been able to live and work in other EU/EFTA countries under free movement rights established by the 1992
Maastricht Treaty The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
and participated in their first European Parliament elections in 2004. The scope of these rights includes the entire
European Economic Area The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Asso ...
(EEA), encompassing all EU and EFTA member states other than
Switzerland Switzerland, officially the Swiss Confederation, is a landlocked country located in west-central Europe. It is bordered by Italy to the south, France to the west, Germany to the north, and Austria and Liechtenstein to the east. Switzerland ...
, which concluded a separate free movement agreement with the EU that came into force in 2002.
Liechtenstein Liechtenstein (, ; ; ), officially the Principality of Liechtenstein ( ), is a Landlocked country#Doubly landlocked, doubly landlocked Swiss Standard German, German-speaking microstate in the Central European Alps, between Austria in the east ...
exceptionally maintains immigration controls on EEA/Swiss citizens despite its EEA membership due to the country's small geographic and population size. Before the UK's withdrawal from the EU in 2020, Cypriot citizens held a particularly favoured status there. While non-EU Commonwealth citizens continued to need a residence visa to live in the UK, Cypriot citizens were able to settle there and immediately hold full rights to political participation due to their status as both Commonwealth and EU citizens. Cypriot citizens (along with Irish and Maltese citizens) domiciled in the UK were able to vote in the
2016 United Kingdom European Union membership referendum The 2016 United Kingdom European Union membership referendum, commonly referred to as the EU referendum or the Brexit referendum, was a referendum that took place on 23 June 2016 in the United Kingdom (UK) and Gibraltar under the provisions o ...
while all other non-British EU citizens were not.


Citizenship by investment

In 2013, a citizenship by investment pathway was created to attract foreign investment into the country. Through the Cyprus Investment Programme, a foreigner could acquire Cypriot citizenship after investing €2 million in real estate, infrastructure projects, local businesses, or domestic financial assets and maintaining that sum within the Republic for at least five years. Candidates needed to have a clean criminal record, must not have been denied naturalisation in any other EU member state, and were required to purchase a residence in the country valued at least €500,000 that must be retained permanently. A further donation of €150,000 became required in 2019, half of which would go to a scientific research fund and the other half dedicated towards financing affordable housing on the island. Investors who successfully naturalised are subject to periodic checks that verify their continued ownership of real estate in Cyprus and are liable to have their citizenship revoked if discovered to have divested themselves of that property without a replacement residence. This stipulation was made in violation of Article 63 of the
Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...
, which prohibits restrictions on the movement of capital. The
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
repeatedly condemned this citizenship pathway for its high risks in aiding money laundering, tax evasion, and corruption. A 2019
Reuters Reuters ( ) is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages. Reuters is one of the largest news agencies in the world. The agency ...
publication which reported that eight relatives and associates of Cambodian prime minister
Hun Sen Samdech Hun Sen (; , Romanization of Khmer#UNGEGN, UNGEGN: ; born 5 August 1952) is a Cambodian politician and former military officer who currently serves as the List of presidents of the Senate (Cambodia), president of the Senate. He previous ...
had acquired Cypriot citizenship by investment triggered a government investigation into the circumstances under which their citizenship was obtained. Following the release of a video recording showing Cypriot legislators offering to facilitate naturalisation for a fictional convicted investor, the programme was indefinitely suspended on 1 November 2020. In July 2022, the former president of the Cyprus Parliament and three others were charged with corruption for their part in the scandal.


Acquisition and loss of citizenship


Entitlement by descent

A person born to at least one parent who is a Cypriot citizen usually automatically receives citizenship at birth regardless of birthplace. Citizenship is only granted automatically if neither parent is considered an illegal migrant. Otherwise, it may only be acquired by a
Council of Ministers Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. It is usually equivalent to the term Cabinet (government), cabinet. The term Council of State is a similar name that also m ...
decision. In practice, this makes Cypriot citizenship difficult to obtain for children born to Turkish Cypriots married to Turkish nationals in
Northern Cyprus Northern Cyprus, officially the Turkish Republic of Northern Cyprus (TRNC), is a ''de facto'' state that comprises the northeastern portion of the Geography of Cyprus, island of Cyprus. It is List of states with limited recognition, recognis ...
.


Registration by descent or marriage

British, Irish, and Commonwealth citizens of Cypriot descent are eligible to acquire Cypriot citizenship by registration after residing in the country for 12 months and submit a signed statement of loyalty to the state. They may also qualify to register as citizens if they are employed in Cypriot government service and either intend to live in the Republic or continue service. Non-citizens who are married to Cypriot citizens may acquire citizenship by registration after three years of marriage and cohabitation. The residence requirement may be waived provided that the couple has been married for at least two years. Widowed spouses may still register for citizenship provided that the acquisition requirements were fulfilled before the Cypriot spouse's death. Underage children of a Cypriot citizen may be registered by their parent with no further requirements. Citizenship by registration is also conditional on legal residence; any person considered to be an illegal migrant is disqualified from registering as a Cypriot citizen.


Naturalisation

Foreigners who are parents or children of Cypriot citizens may acquire citizenship by
naturalisation Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the ...
after residing in the country for at least four of the previous seven years, with an additional 12 months of residence immediately preceding an application, a total of five years. The four-year residence requirement may be partially or completely fulfilled by time employed in government service, but this may not be done for the 12 months immediately preceding a naturalisation application. Individuals without Cypriot descent may naturalise after a total of seven years of residence. Persons who perform extraordinary acts of service to Cyprus may be exceptionally granted Cypriot citizenship without any requirements at the discretion of the Council of Ministers.


Relinquishment and deprivation

Cypriot citizenship can be relinquished by submitting a declaration of renunciation. Citizenship may be involuntarily removed from naturalised or registered persons who: fraudulently acquired the status, committed an act of disloyalty against the state, aided an enemy nation with which Cyprus is at war, have been sentenced to incarceration for longer than 12 months within five years of acquiring citizenship, or lived overseas (other than those employed in government service) for a continuous period of seven years. After one of these conditions is met, the Council of Ministers must determine that it is not in the national interest for such a person to retain citizenship before it can be stripped.


See also

*
Visa policy of the Schengen Area The visa policy of the Schengen Area is a component within the wider area of freedom, security and justice policy of the European Union. It applies to the Schengen Area and Cyprus, but not to EU member state Ireland. The visa policy allows nati ...
* Visa requirements for Cypriot citizens


References


Citations


Sources

* * * * * * * * * * * * * * * * * * * * * * * * *


External links


Civil Registry and Migration Department
{{Portal bar, Cyprus, European Union Cyprus and the Commonwealth of Nations Cyprus and the European Union Nationality law Nationality in Cyprus Foreign relations of Cyprus