Paraguayan nationality law: Difference between revisions

Paraguayan Citizenship Act
Paraguayan Citizenship Act
Parliament of Paraguay
	Long title An Act relating to Paraguayan citizenship ;
Enacted by	Government of Paraguay
	Status: Current legislation

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Latest revision as of 23:29, 2 August 2024

Paraguayan nationality law is based on the principle of Jus soli. The nationality law is based on the Chapter 3 of the Paraguayan Constitution of 1992. The legal means to acquire nationality, formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as citizenship.^[1]^[2]^[3]

Birth in Paraguay

Any person born in Paraguay acquires Paraguayan nationality at birth. The only exception applies to children of persons in the service of a foreign government (like foreign diplomats).

Naturalization

Foreigners may apply for Paraguayan nationality if they meet the following criteria:

being older than 18 years old.
permanent resident in Paraguay for at least 3 years.
having a good behavior following the law.

Passports of naturalized Paraguayans list nationality as "naturalized Paraguayan" instead of just "Paraguayan".

Dual Nationality

Dual nationality is permitted under the constitution of Paraguay on a reciprocity basis, meaning that unless Paraguay has a bilateral agreement with another nation, that other nationality is not permitted.^[4] As of 2022, the only countries that have a reciprocity agreement in regards to dual nationality with Paraguay are Spain^[5] and Italy.

Loss of nationality

In Paraguay, there is a distinction for loss of nationality between nationals born in Paraguay and those who have been naturalized. In the latter category, naturalizing in another country or being expatriated from the country for more than three years without permission, results in loss of nationality, as provided in Article 150 of the National Constitution of Paraguay,^[6] and proceedings thereunder must be instituted by an individual or an agency, for instance, the Migration department.

References

Citations

^ Boll 2007, p. 66–67.
^ Honohan & Rougier 2018, p. 338.
^ Guerry & Rundell 2016, p. 73.
^ "Paraguay".
^ http://www.leyes.com.py/disposiciones/subcategoria/1/2/85/conveniosbilaterales.html ^{[dead link‍]}
^ Constitution of Paraguay 2011 constituteproject.org

Bibliography

Boll, Alfred Michael (2007). Multiple Nationality And International Law. Leiden: Martinus Nijhoff Publishers. ISBN 978-90-04-14838-3.
Guerry, Linda; Rundell, Ethan (2016). "Married Women's Nationality in the International Context (1918–1935)". Clio. 43 (1: Gender and the Citizen). Paris: Éditions Belin: 73–94. ISSN 2554-3822. JSTOR 26242543. OCLC 7788119453. Retrieved December 19, 2020.
Honohan, Iseult; Rougier, Nathalie (October 2018). "Global Birthright Citizenship Laws: How Inclusive?". Netherlands International Law Review. 65 (3). The Hague, Netherlands: Springer Science+Business Media, T.M.C. Asser Press: 337–357. doi:10.1007/s40802-018-0115-8. ISSN 1741-6191. OCLC 1189243655. S2CID 149761560. Retrieved 16 March 2021.

External links

[FOOTNOTEBoll200766–67-1] Boll 2007, p. 66–67.

[FOOTNOTEHonohanRougier2018338-2] Honohan & Rougier 2018, p. 338.

[FOOTNOTEGuerryRundell201673-3] Guerry & Rundell 2016, p. 73.

[4] "Paraguay".

[5] ttp://www.leyes.com.py/disposiciones/subcategoria/1/2/85/conveniosbilaterales.html ^{[dead link‍]}

[6] Constitution of Paraguay 2011 constituteproject.org

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[6]

@@ Line 1: / Line 1: @@
+{{short description|none}} <!-- "none" is preferred when the title is sufficiently descriptive; see [[WP:SDNONE]] -->
 {{Infobox legislation
 |short_title         = Paraguayan Citizenship Act
@@ Line 51: / Line 52: @@
 }}
-'''Paraguayan nationality law''' is based on the principle of [[Jus soli]]. The nationality law is based on the Chapter 3 of the [[Constitution of Paraguay#Constitution of 1992|Paraguayan Constitution of 1992]].
+'''Paraguayan nationality law''' is based on the principle of [[Jus soli]]. The nationality law is based on the Chapter 3 of the [[Constitution of Paraguay#Constitution of 1992|Paraguayan Constitution of 1992]]. The legal means to acquire [[nationality]], formal membership in a nation, differ from the relationship of rights and obligations between a national and the nation, known as [[citizenship]].{{sfn|Boll|2007|p=66–67}}{{sfn|Honohan|Rougier|2018|p=338}}{{sfn|Guerry|Rundell|2016|p=73}}
 ==Birth in Paraguay==
-Any person born in [[Paraguay]] acquires Paraguayan citizenship at birth. The only exception applies to children of persons in the service of a foreign government (like foreign diplomats).
+Any person born in [[Paraguay]] acquires Paraguayan nationality at birth. The only exception applies to children of persons in the service of a foreign government (like foreign diplomats).
+== Naturalization ==
-==Paraguayan citizenship by descent==
+Foreigners may apply for Paraguayan nationality if they meet the following criteria:
-[[File:Pas paraguay16.jpg|thumb|The Paraguayan passport can be used as a proof of Paraguayan citizenship]]
-Though based for the most part on the principle of Jus soli, Paraguayan law authorizes the acquisition of Paraguayan citizenship by descent ([[jus sanguinis]]) in two cases:
-*a person born outside Paraguay of a Paraguayan parent who is in the service of the Paraguay government is considered Paraguayan ; and
-*a person born outside Paraguay of a Paraguayan parent is considered Paraguayan, provided that that person either be registered with a Paraguayan parent.
-== Naturalisation as a Paraguayan citizen ==
-Foreigners may apply for Paraguayan citizenship if they meet the following criteria:
 *being older than 18 years old.
 *permanent resident in Paraguay for at least 3 years.
 *having a good behavior following the law.
+Passports of naturalized Paraguayans list nationality as "naturalized Paraguayan" instead of just "Paraguayan".
+== Dual Nationality ==
-Naturalised citizens do not have the right to become President of the Republic.<ref>https://core.ac.uk/download/pdf/45687614.pdf</ref>
+[[Dual nationality]] is permitted under the [[constitution of Paraguay]] on a reciprocity basis, meaning that unless Paraguay has a bilateral agreement with another nation, that other nationality is not permitted.<ref>{{Cite web|url=https://www.dualcitizenshipreport.org/dual-citizenship/paraguay/|title = Paraguay}}</ref> As of 2022, the only countries that have a reciprocity agreement in regards to dual nationality with Paraguay are [[Spain]]<ref>http://www.leyes.com.py/disposiciones/subcategoria/1/2/85/conveniosbilaterales.html {{Dead link|date=February 2022}}</ref> and [[Italy]].
-==Loss of citizenship==
+==Loss of nationality==
-In Paraguay, there is a distinction between natural born citizens and naturalised citizens, and in the latter category, naturalising as a national of another country or being expatriated from the country for more than three years without permission, this process is authorised by Article 150 of the National Constitution of Paraguay<ref>https://www.constituteproject.org/constitution/Paraguay_2011.pdf</ref>, and proceedings thereunder must be instituted by an individual or an agency, for instance, the Migration department.
+In Paraguay, there is a distinction for loss of nationality between nationals born in Paraguay and those who have been naturalized. In the latter category, naturalizing in another country or being expatriated from the country for more than three years without permission, results in loss of nationality, as provided in Article 150 of the National Constitution of Paraguay,<ref>[https://www.constituteproject.org/constitution/Paraguay_2011.pdf Constitution of Paraguay 2011] constituteproject.org</ref> and proceedings thereunder must be instituted by an individual or an agency, for instance, the Migration department.
-It means that Paraguay does not accept Dual Citizenship.
 ==References==
+===Citations===
-<references />
+{{reflist|20em}}
+===Bibliography===
+{{refbegin|30em}}
+*{{cite book |last=Boll |first=Alfred Michael |title=Multiple Nationality And International Law |url=https://books.google.com/books?id=Mr6Y45439A0C&pg=PA67 |date=2007 |publisher=[[Martinus Nijhoff Publishers]] |location=Leiden |isbn=978-90-04-14838-3}}
+*{{cite journal |last1=Guerry |first1=Linda |last2=Rundell |first2=Ethan |title=Married Women's Nationality in the International Context (1918–1935) |journal=Clio |date=2016 |volume=43 |issue=1: Gender and the Citizen |pages=73–94 |url=https://www.jstor.org/stable/26242543 |access-date=December 19, 2020 |publisher=Éditions Belin |location=Paris |jstor=26242543 |issn=2554-3822 |oclc=7788119453}}
+*{{cite journal |last1=Honohan |first1=Iseult |last2=Rougier |first2=Nathalie |title=Global Birthright Citizenship Laws: How Inclusive? |journal=Netherlands International Law Review |date=October 2018 |volume=65 |issue=3 |pages=337–357 |doi=10.1007/s40802-018-0115-8 |url=https://www.researchgate.net/publication/329367793 |access-date=16 March 2021 |publisher=[[Springer Science+Business Media]], [[T.M.C. Asser Press]] |location=The Hague, Netherlands |s2cid=149761560 |issn=1741-6191 |oclc=1189243655}}
+{{refend}}
 ==External links==
@@ Line 83: / Line 86: @@
 {{Nationality laws}}
+{{Paraguay topics}}
 [[Category:Nationality law]]
-[[Category:Paraguayan law]]
+[[Category:Law of Paraguay]]
 [[Category:Immigration to Paraguay]]