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]
| Paraguayan Citizenship Act | |
|---|---|
 | |
| Parliament of Paraguay | |
| |
| Enacted by | Government of Paraguay |
| Status: Current legislation | |
Birth in Paraguay
editAny 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
editForeigners 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
editDual 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
editIn 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
editCitations
edit- ^ 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
edit- 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.