Paraguayan nationality law
| Paraguayan Citizenship Act | |
|---|---|
 | |
| Parliament of Paraguay | |
| |
| Enacted by | Government of Paraguay |
| Status: Current legislation | |
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).
Paraguayan nationality by descent
Though based for the most part on the principle of Jus soli, Paraguayan law authorizes the acquisition of Paraguayan nationality 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 is registered with a Paraguayan parent.
Naturalisation
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.
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][5] As of 2022, the only countries that have a reciprocity agreement in regards to dual nationality with Paraguay are Spain[6] 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 naturalised. In the latter category, naturalising 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,[7] and proceedings thereunder must be instituted by an individual or an agency, for instance, the Migration department. Paraguay does not accept dual nationality of naturalised persons.
References
Citations
- ^ Boll 2007, p. 66-67.
- ^ Honohan & Rougier 2018, p. 338.
- ^ Guerry & Rundell 2016, p. 73.
- ^ "Paraguay".
- ^ https://core.ac.uk/download/pdf/45687614.pdf [bare URL PDF]
- ^ http://www.leyes.com.py/disposiciones/subcategoria/1/2/85/conveniosbilaterales.html [dead link]
- ^ https://www.constituteproject.org/constitution/Paraguay_2011.pdf [bare URL PDF]
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.
