Naturalization


Naturalization 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 individual, or it may involve an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws, taking and subscribing to the oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, most countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
The massive increase in population flux due to globalization and the sharp increase in the numbers of refugees following World War I created many stateless persons, people who were not citizens of any state. In some rare cases, laws for mass naturalization were passed. As naturalization laws had been designed to cater for the relatively few people who had voluntarily moved from one country to another, many western democracies were not ready to naturalize large numbers of people. This included the massive influx of stateless people which followed massive denationalizations and the expulsion of ethnic minorities from newly created nation states in the first part of the 20th century, but they also included the mostly aristocratic Russians who had escaped the 1917 October Revolution and the war communism period, and then the Spanish refugees. As Hannah Arendt pointed out, internment camps became the "only nation" of such stateless people, since they were often considered "undesirable" and were stuck in an illegal situation, wherein their country had expelled them or deprived them of their nationality, while they had not been naturalized, thus living in a judicial no man's land.
Since World War II, the increase in international migrations created a new category of migrants, most of them economic migrants. For economic, political, humanitarian and pragmatic reasons, many states passed laws allowing a person to acquire their citizenship after birth, such as by marriage to a national – jus matrimonii – or by having ancestors who are nationals of that country, in order to reduce the scope of this category. However, in some countries this system still maintains a large part of the immigrant population in an illegal status, albeit with some massive regularizations, for example, in Spain by José Luis Zapatero's government and in Italy by Berlusconi's government.

Laws by country

Australia

In the early days, the White Australia policy was followed. Aimed initially at blocking Chinese migrants, it meant that people not of European descent were not allowed to immigrate to Australia.

People's Republic of China

The People's Republic of China gives citizenship to people with one or two parents with Chinese nationality who have not taken residence in other countries. The country also gives citizenship to people born on its territory to stateless people who have settled there. Furthermore, individuals may apply for nationality if they have a near relative with Chinese nationality, if they have settled in China, or if they present another legitimate reason. In practice, few people gain Chinese citizenship; as of 2010, China had only 1,448 naturalised Chinese in total.
The naturalization process starts with a written application. Applicants must submit three copies, written with a ball-point or fountain pen, to national authorities, and to provincial authorities in the Ministry of Public Security and the Public Security Bureau. Applicants must also submit original copies of a foreign passport, a residence permit, a permanent residence permit, and four two-and-a-half inch long pictures. According to the conditions outlined in the Nationality Law of the People's Republic of China, authorities may also require "any other material that the authority believes are related to the nationality application".

France

People who fulfil all of the following criteria can obtain French citizenship through naturalisation:
The fee for naturalisation is €55, except in French Guiana, where it is €27.50.

Germany

Criteria

People who fulfil all of the following criteria can obtain German citizenship through naturalisation:
The dependent minor children of an applicant for naturalisation may also themselves become naturalised German citizens.
The fee for standard naturalisation is €255, while it is €51 per dependent minor child naturalised along with their parent. The fee may be waived in cases of extreme hardship or public interest.

Loss of previous citizenship

People who naturalise as German citizens must usually give up their previous nationality, as German law takes a restrictive approach to multiple citizenship. Exceptions are made for:
The Grenadian Government grants citizenship of Grenada for the following reasons:
The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India. Relevant Indian legislation is the Citizenship Act 1955, which has been amended by the Citizenship Act 1986, the Citizenship Act 1992, the Citizenship Act 2003, and Citizenship Ordinance 2005. The Citizenship Act 2003 received the assent of the President of India on 7 January 2004 and came into force on 3 December 2004. The Citizenship Ordinance 2005 was promulgated by the President of India and came into force on 28 June 2005.
Following these reforms, Indian nationality law largely follows the jus sanguinis as opposed to the jus soli.
In 2019, a Citizenship Amendment Act was passed by the Parliament of India. This Act aims at fast tracking citizenship for illegal immigrants who have entered India on or before 31st December, 2014 from the neighbouring countries of Pakistan, Afghanistan and Bangladesh.

Italy

The Italian Government grants Italian citizenship for the following reasons.
n nationality is regulated by Law No. 12/2006. The Indonesian nationality law is based on jus sanguinis and jus soli. The Indonesian nationality law does not recognize dual citizenship except for people under the age of 18. After reaching 18 years of age individuals are forced to choose one citizenship.
A foreign citizen can apply to become an Indonesian citizen with the following requirements:
Any application for citizenship is granted by the President of Indonesia.

Israel

's Declaration of Independence was made on 14 May 1948, the day before the British Mandate was due to expire as a result of the United Nations Partition Plan. The Israeli parliament created two laws regarding immigration, citizenship and naturalization: the Law of Return and the Israeli nationality law. The Law of Return, enacted on July 15, 1950, gives Jews living anywhere in the world the right to immigrate to Israel. This right to immigrate did not and still does not grant citizenship. In fact, for four years after Israel gained independence, there were no Israeli citizens.
On July 14, 1952, the Israeli parliament enacted the Israeli Nationality Law. The Nationality Law naturalized all citizens of Mandated Palestine, the inhabitants of Israel on July 15, 1952, and those who had legally resided in Israel between May 14, 1948, and July 14, 1952. The law further clarified that naturalization was available to immigrants who had arrived before Israel's creation, immigrants who arrived after statehood was granted, and those who did not come to Israel as immigrants but have since expressed desire to settle in Israel, with restriction. Naturalization applicants must also meet the following requirements: be over 18 years of age, have resided in Israel for three out of the five preceding years, have settled or intend to settle permanently in Israel, have some knowledge of Hebrew, and have renounced prior nationality or demonstrated ability to renounce nationality after becoming a citizen of Israel.
Because of Israel's relatively new and culturally mixed identity, Israel does not grant citizenship to people born on Israeli soil. Instead, the government chose to enact a jus sanguinis system, with the naturalization restrictions listed above. There is currently no legislation on second-generation immigrants. Furthermore, foreign spouses can apply for citizenship through the Minister of the Interior, but have a variety of restrictions and are not guaranteed citizenship.

Luxembourg

People who fulfil all of the following criteria can obtain Luxembourg citizenship through naturalisation:
Naturalisation in Malaysia is guided by the 1964 Malaysian Constitution. According to the law, those who want to be the country citizen should live in the country for a period of 10–12 years. The would-be-citizens are required to speak the Malay language as well submitting the identity cards of two Malaysians who recommend the applicant for citizenship. As the Government of Malaysia does not recognise dual citizenship, those who seek naturalisation are needed to reside permanently in the country and renouncing their former country citizenship.
The requirements are as follows:
The Article 16 of 1957 Malaysian Constitution also stated a similar condition previously.

Philippines

Commonwealth Act No. 473, the Revised Naturalization Law, approved June 17, 1939, provided that people having certain specified qualifications may become a citizen of the Philippines by naturalization. Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements.

Russia

Naturalization in Russia is guided by articles 13 and 14 of the federal law “About Citizenship of Russian Federation” passed on May 31, 2002. Citizenship of Russia can be obtained in general or simplified order. To become a citizen in general order, one must be 18 years of age or older, continuously live in Russia as a permanent resident for at least five years, have legal means of existence, promise to obey the laws and Constitution of Russia and be fluent in the Russian language.
There is also a possibility to naturalize in a simplified order, in which certain requirements will be waived. Eligible for that are people, at least one parent of whom is a Russian citizen living on Russian territory; people, who lived on the territories of the former Soviet republics but never obtained citizenships of those nations after they gained independence; people, who were born on the territory of RSFSR and formerly held Soviet citizenship; people married to Russian citizens for at least 3 years; people, who served in Russian Armed Forces under contract for at least 3 years; parents of mentally incapacitated children over 18 who are Russian citizens; participants of the State Program for Assisting Compatriots Residing Abroad; and some other categories.

South Africa

Chapter 2 of the South African Citizenship Act, enacted on October 6, 1995, defines who is considered a naturalized citizen at the time of the act and also outlines the naturalization process for future immigrants.
Any person who immediately prior to the commencement of the act had been a South African citizen via naturalization, had been deemed to be a South African citizen by registration, or had been a citizen via naturalization of any of the former states now composing South Africa is now considered to be a naturalized citizen of South Africa.
Those wishing to apply for naturalization in the future must apply to the Minister of Home Affairs and must meet a slew of requirements. First, naturalization applicants must be over the age of 18 and must have been a permanent resident of South Africa for one year prior to application and for four out of the eight years prior to application. Applicants must also demonstrate good character and knowledge of the basic responsibilities and privileges of a South African citizen. The ability to communicate in one of the official languages of South Africa is also required. Applicants must show the intention to reside in South Africa after naturalization, and they are required to make a declaration of allegiance. According to , subsection 3 of the South African constitution, national legislation must provide for the acquisition, loss and restoration of citizenship.
Being a naturalized South African citizen is a privilege, not a right. Even after meeting all the requirements and going through the naturalization process, the minister holds the right to deny citizenship. Foreign spouses of South African citizens can apply for naturalization after two years of marriage, but is subject to potential denial of the minister. The minister can also grant citizenship to minors, if their parent applies for them.
The minister also holds the power to revoke naturalization at any time for specific reasons listed in the Act. Reasons for revoking the naturalization certificate include marrying someone who is a citizen of another country and holding citizenship in another country, or applying for citizenship of another country without prior authorization for retention of citizenship. If a permanent resident is denied naturalization, he or she must wait at least one year before reapplying.

United Kingdom

There has always been a distinction in the law of England and Wales between the subjects of the monarch and aliens: the monarch's subjects owed the monarch allegiance, and included those born in his or her dominions and those who later gave him or her their allegiance. Today, the requirements for naturalisation as a citizen of the United Kingdom depend on whether or not one is the spouse or civil partner of a citizen. An applicant who is a spouse or civil partner of a British citizen must:
For those not married to or in a civil partnership with a British citizen, the requirements are:
"The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General." In particular cases, however, federal judges may enjoin the Attorney General to confer U.S. nationality upon a person. The term "Attorney General" in the Immigration and Nationality Act includes any immigration judge or member of the Board of Immigration Appeals.
The INA states the following:
in front of U.S. government officials in New York City.
in Florida.
The Naturalization Act of 1795 set the initial rules on naturalization: "free, White persons" who had been resident for five years or more. An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization after only one year of residence in the United States. An 1894 law extended the same privilege to honorably discharged five-year veterans of the Navy or Marine Corps. Laws enacted in 1919, 1926, 1940, and 1952 continued preferential treatment provisions for veterans.
Following the Spanish–American War in 1898, Philippine citizens were classified as U.S. nationals, and the 1917 Jones–Shafroth Act granted U.S. citizenship to natives of Puerto Rico. But the 1934 Tydings–McDuffie Act reclassified Filipinos as aliens, and set a quota of 50 immigrants per year, and otherwise applying the Immigration Act of 1924 to them.
The Magnuson Act repealed the Chinese Exclusion Act. During the 1940s, 100 annual immigrants from British India and the Philippines were allowed. The War Brides Act of 1945 permitted soldiers to bring back their foreign wives and established precedent in naturalization through marriage. The Immigration Act of 1965 finally allowed people from all nations to be given equal access to immigration and naturalization.
Illegal immigration became a major issue in the United States at the end of the 20th century. The Immigration Reform and Control Act of 1986, while tightening border controls, also provided the opportunity of naturalization for illegal aliens who had been in the country for at least four years. Today, lawful permanent residents of the United States are eligible to apply for U.S. citizenship after five years, unless they continue to be married to a U.S. citizen, in which case they can apply after only three years of permanent residency.
The Child Citizenship Act of 2000 streamlined the naturalization process for children adopted internationally. A child under age 18 who is adopted by at least one U.S. citizen parent, and is in the custody of the citizen parent, is now automatically naturalized once admitted to the United States as an immigrant or when legally adopted in the United States, depending on the visa under which the child was admitted to the United States. The Act also provides that the non-citizen minor child of a newly naturalized U.S. citizen, whether by birth or adoption, also automatically receives U.S. citizenship

Summary by country

The following list is a brief summary of the duration of legal residence before a national of a foreign state, without any cultural, historical, or marriage ties or connections to the state in question, can request citizenship under that state's naturalization laws.
CountryResidence requirementDual citizenshipNotesMain articleRef
5 yearsContinuous residenceAlbanian nationality law
20 yearsContinuous residence as a permanent resident, unless the applicant has spent all of their mandatory education in Andorra in which case 10 years continuous as a permanent residenceAndorran nationality law
10 yearsContinuous residenceAngolan nationality law
2 yearsContinuous residenceArgentine nationality law
3 yearsArmenian nationality law
4 yearsLegal residency in Australia, including one year as a permanent resident immediately prior to making an applicationAustralian nationality law
10–30 yearsExceptions for those born in Austria, citizens of another EEA country, refugees or "exceptionally integrated" in which case it is 6 years.Austrian nationality law
5 yearsThe applicant must be a fluent speaker of the Azerbaijani language. He has dual citizenship, but the authorities will not recognize his foreign citizenship.Azerbaijani nationality law
5 yearsContinuous residenceBelgian nationality law
5 yearsBangladeshi nationality law
5 yearsBarbadian nationality law
7 yearsBelarusian nationality law
10 yearsBeninese nationality law
5 yearsBelizean nationality law
20 yearsBhutanese nationality law
8 yearsContinuous residenceBosnian nationality law
4 yearsUninterrupted residence.Brazilian nationality law
5 yearsReduced to 3 years if the applicant is married to a Bulgarian national, was born in Bulgaria, or settled in the country before the age of 18. Citizens of the EU, EEA or Switzerland, as well as spouses of Bulgarian nationals, are not required to renounce their existing citizenship.Bulgarian nationality law
10 yearsBurkinabé nationality law
5 yearsCambodian nationality law
3 yearsThree out of five years as a permanent resident.Canadian nationality law
5 yearsContinuous residenceChilean nationality law
5 yearsAs a permanent residentColombian nationality law
5–7 yearsRequires proven knowledge of Spanish language and Costa Rica's history, having a way of living, no criminal records and two witnesses.Costa Rican nationality law
8 yearsContinuous residence; applicant must be a fluent Croatian speakerCroatian nationality law
Foreigners can become naturalized citizens of Cuba since 2019.Cuban nationality law
7 yearsor by using the "Naturalization of Investors in Cyprus by Exception", a government run cash-for-passport program.Cypriot nationality law
5 years5 years as permanent residence or 10 years residence.Czech nationality law
9 yearsContinuous residenceDanish nationality law
10 yearsEgyptian nationality law
1–5 yearsSalvadoran nationality law
8 yearsEight years residence out of which five years as a permanent residence.Estonian nationality law
5 yearsContinuous residenceFinnish nationality law
5 yearsFive years of lawful residence out of the previous 10 yearsFijian nationality law
5 yearsContinuous residency. Two years continuous residency for applicants who have had at least two years of higher education leading to a master's degree or higher in France. No minimum residency requirement for applicants who have served in the French Army, rendered exceptional service to France, and some other cases.French nationality law
10 yearsLawfully resided in Georgia for the last 10 consecutive years. Knows the official language of Georgia. Knows the history of Georgia and basic principles of law.Georgian nationality law
8 yearsContinuous residence. 7 years for applicants who have successfully completed an official integration course; 3 years for applicants who are married to, or in a registered same-sex partnership with, a German citizenGerman nationality law
7 yearsGreek nationality law
7 yearsGrenadian nationality law
8 yearsContinuous residenceHungarian nationality law
7 yearsIcelandic nationality law
5 yearsBecome 18 years old and 5 years legal residence in Iran.Iranian nationality law
5 yearsIrish nationality law
5 yearsTo naturalize, three years out of the previous five years of residence is required and must have the right to reside in Israel on a permanent basis. However, Jews around the world may obtain Israeli citizenship upon arrival by the Law of Return.Israeli citizenship law
10 yearsThe residence has to be continuous. The law provide some cases in which there is a faster access to naturalization: three years if at least one grandparent was/is Italian, four years for EU nationals, five years for refugees or stateless people.Italian nationality law
5 yearsContinuous residence; three years if married to a Japanese national.Japanese nationality law
15 yearsJordanian nationality law
5 yearsKazakhstani nationality law
10 years, under certain conditionsLatvian nationality law
Lebanese nationality law
2 yearsLiberian law allows members of other races to hold permanent residency statusLiberian nationality law
10 yearsYears spent in Liechtenstein under the age 20 count doubleLiechtenstein nationality law
10 yearsContinuous residence as a permanent resident; seven years if married to a Lithuanian national.Lithuanian nationality law
5 yearsTwelve months' continuous residence prior to applying for naturalization; three years' residence if married to a Luxembourgish citizen. The applicant must pass the Luxembourgish language examinations or have had at least 7 years of education in a Luxembourgish school.Luxembourgish nationality law
7 yearsFive years for a person who is of an African race or has Commonwealth or Malawian tiesMalawian nationality law
5 yearsOr a government run cash-for-passport program.Maltese nationality law
5 yearsMexican nationality law
10 yearsEight years for stateless citizens or recognised refugeesMoldovan nationality law
10 yearsContinuous residenceMonégasque nationality law
10 yearMontenegrin nationality laws
5 yearsMozambican nationality law
N/AForeigners cannot become naturalized citizens of MyanmarMyanmar nationality law
5 yearsContinuous residenceDutch nationality law
5 yearsContinuous residenceNew Zealand nationality law
8 yearsContinuous residenceMacedonian nationality law
7 yearsSeven years out of the previous 10 as a permanent resident immediately before the applicationNorwegian nationality law
20 yearsOmani nationality law
3 yearsParaguayan nationality law
2 yearsContinuous residencePeruvian nationality law
5–10 yearsContinuous residencePhilippine nationality law
10 yearsTen years residence or three years permanent residencePolish nationality law
5 yearsContinuous residencePortuguese nationality law
8 yearsRomanian nationality law
30 yearsFifteen years for foreigners married to a citizen of San MarinoSammarinese nationality law
5 yearsContinuous residence. Three years if married to a Russian citizen. One year for valued specialists and refugees.Russian nationality law
5 yearsSamoan nationality law
3 yearsContinuous residenceSerbian nationality law
8 yearsSlovak nationality law
10 yearsTen years residence; five years continuous before the application.Slovenian nationality law
10 yearsTwo to five yearsSpanish nationality law
7 yearsSomalian nationality law
5 yearsThree years continuous if married to a South Korean nationalSouth Korean nationality law
5 yearsFour years continuous for stateless people and refugeesSwedish nationality law
10 yearsThe years between the age of eight and eighteen count double, while a minimum of six years' residence is requiredSwiss nationality law
5 yearsNationality law of the Republic of China
5 yearsContinuous residence; applicant must have knowledge of the Thai language. Residence and language requirememts are waived for spouses and children of Thai citizens.Thai nationality law
5 yearsTogolese nationality law
5 yearsTongan nationality law
5 yearsContinuous residence; applicant must be a fluent speaker of the Turkish language.Turkish nationality law
5 yearsContinuous residence; applicant must be a fluent speaker of the Arabic language.Tunisia nationality law
5 yearsUkrainian nationality law
20 years, maybe reduced to 7Emirati nationality law
6 yearsNon-EU/EEA/Swiss citizens must have indefinite leave to remain for 1 year before applying for naturalisation. Residency requirement for ILR is 5 yearsBritish nationality law
5 years, 3 years for spouses of U.S. citizensMust have been physically present in the US for at least 30 of the 60 months preceding the application; ineligible if absent for a continuous period of 6 months or more during these 60 months.United States nationality law
5 yearsThree years if the applicant has a Uruguayan family member.Uruguayan nationality law
5 yearsUzbekistani nationality law
10 yearsNatural-born citizens of Spain, Portugal, Italy, Latin American or Caribbean country and have been legally living in Venezuela for 5 continuous years.Venezuelan nationality law

Mass naturalizations

A few rare mass naturalization processes have been implemented by nation states. In 1891, Brazil granted naturalization to all aliens living in the country. In 1922, Greece massively naturalized all the Greek refugees coming from Turkey. The second massive naturalization process was in favor of Armenian refugees coming from Turkey, who went to Syria, Lebanon or other former Ottoman countries. Reciprocally, Turkey massively naturalized the refugees of Turkish descent or other ethnic backgrounds in Muslim creed from these countries during a redemption process.
Canada instituted a mass naturalization by Act of Parliament with the enactment of the Canadian Citizenship Act 1946.
After annexation of the territories east of the Curzon line by the Soviet Union in 1945, Soviets naturalized en masse all the inhabitants of those territories—including ethnic Poles, as well as its other citizens who had been deported into the Soviet Union, mainly to Kazakhstan. Those people were forcibly naturalized as Soviet citizens. Later on, Germany granted to the ethnic German population in Russia and Kazakhstan full citizenship rights. Poland has a limited repatriation program in place.
The most recent massive naturalization case resulted from the Argentine economic crisis in the beginning of the 21st century. Existing or slightly updated right of return laws in Spain and Italy allowed many of their diasporic descendants to obtain—in many cases to regain—naturalization in virtue of jus sanguinis, as in the Greek case. Hence, many Argentines acquired European nationality.
Since the Fourteenth Amendment to the United States Constitution grants citizenship only to those "born or naturalized in the United States, and subject to the jurisdiction thereof", and the original United States Constitution only grants Congress the power of naturalization, it could be argued that all acts of Congress that expand the right of citizenship are cases of mass naturalization. This includes the acts that extended U.S. citizenship to citizens of Puerto Rico, the United States Virgin Islands, Guam, and the Northern Mariana Islands, as well as the Indian Citizenship Act of 1924 which made all Native Americans citizens.
In the eastern Malaysian state of Sabah, mass naturalisation also happened during the administration of United Sabah National Organisation and Sabah People's United Front Muslim-dominated political parties to increase the Muslim population in the territory by naturalising immigrants and refugees from the mainly-Muslim dominated areas of Mindanao and Sulu Archipelago of the Philippines and Sulawesi of Indonesia.

In occupied territories

The mass naturalization of native people in occupied territories is illegal under the laws of war. However, there have been many instances of such illegal mass naturalizations in the 20th century.