Argentine nationality law
Argentine nationality law has a dual system accepting Jus soli and Jus sanguinis.
Birth in Argentina
Any person born in Argentine territory acquires Argentine citizenship at birth, excepting children of persons in the service of a foreign government (e.g. foreign diplomats). This can be also applied to people born in the Falkland Islands, a disputed territory between Argentina and the United Kingdom.[1]
Citizenship by descent
Argentina accepts jus sanguinis, meaning that the child of at least one native Argentine parent acquires Argentine citizenship.[1]
Naturalization as an Argentine citizen
The current laws governing citizenship (Ley 346, Ley 23.059, and Decreto 3.213/84) set forth very simple requirements:
- be 18 years old or older;
- have been living in Argentina for 2 years; and
- apply for citizenship before a federal judge.
Citizenship can be denied if applicants:
- have been in jail for more than 3 years in the last 5 years;
- are under criminal prosecution;
- have an illegitimate source of income. To work without a legal permit is considered a legitimate source of income for most of the chamber of appeals.
As the citizenship law has existed unchanged since 1869, there are many precedents based on which the Supreme Court is able to resolve almost any immigration related problem. Citizenship has been granted to immigrants who lacked legal residency, works without a legal permit or entered the country illegally and, in exceptional cases even to immigrants with criminal records.
Recently, the Federal Chamber of Parana established that nobody can be considered an illegal alien in Argentina since the concept of legality applies only to actions violating criminal laws. The violation of the immigration law is a simple administrative issue that can be remedied by applying for residency or citizenship.
The continuous 2-year residency requirement means that applicants need to make Argentina their home. However, applicants may leave the country. Since applicants enjoy the same civil rights as Argentinians, including the right to travel, they may leave the country.
For historic reasons, federal courts are still reluctant to recognize the rights of "irregular" immigrants. They usually request the following requirements related to the abolished law 21.795:
- Legal residency
- Legal work
- Spanish-language ability
- Birth certificate apostilled and translated by public notary
- Certificate of a clean criminal record from home country
- Certificate of a clean criminal record in Argentina
- CUIT or CUIL number
Dual citizenship
Dual citizenship is accepted by Argentina. However, dual nationals are only recognised as Argentine citizens within Argentine territory, and must enter Argentina using an Argentine passport, except when visiting for fewer than 90 days, in which case they can enter using their foreign passport. [2] Unlike the citizenship of other countries, Argentine citizenship cannot be renounced. Thus, a holder of Argentine citizenship may not be able to acquire the citizenship of another country, if that country requires renunciation of other citizenships; however many countries waive this requirement if renouncing the other citizenship is impossible.
References
- 1 2 "CIUDADANIA Y NATURALIZACION" (PDF) (in Spanish). Retrieved 22 April 2016.
- ↑ "Entrying and Leaving the Country". Retrieved 22 April 2016.
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1 British Overseas Territories. 2 Open border with Schengen Area. 3 Russia is a transcontinental country in Eastern Europe and Northern Asia. The vast majority of its population (80%) lives in European Russia, therefore Russia as a whole is included as a European country here. 4 Turkey is a transcontinental country in the Middle East and Southeast Europe. Has a small part of its territory (3%) in Southeast Europe called Turkish Thrace. 5 Azerbaijan and Georgia (Abkhazia; South Ossetia) are transcontinental countries. Both have a small part of their territories in the European part of the Caucasus. 6 Kazakhstan is a transcontinental country. Has a small part of its territories located west of the Urals in Eastern Europe. 7 Armenia (Nagorno-Karabakh) and Cyprus (Northern Cyprus) are entirely in Southwest Asia but having socio-political connections with Europe. 8 Egypt is a transcontinental country in North Africa and the Middle East. Has a small part of its territory in the Middle East called Sinai peninsula. 9 Partially recognized.
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