Colombian nationality law
Colombian nationality is typically obtained by birth in Colombia when one of the parents is either a Colombian citizen or a Colombian legal resident, by birth abroad when at least one parent was born in Colombia, or by naturalization, as defined by Article 96 of the Constitution of Colombia and the Law 43-1993 as modified by Legislative Act 1 of 2002.[1]
Nationality by birth
Colombia does not grant birthright citizenship, to obtain the Colombian citizenship at birth at least one parent has to be a Colombian citizen or a Colombian legal resident.[2]
A child born outside Colombia who has at least one Colombian parent can be registered as a Colombian national by birth, either upon returning to Colombia (for residents) or at a consulate abroad (for non-residents).[2]
Nationality by naturalization
A person who has lived in Colombia as a legal permanent resident for five years may apply for naturalization with the Ministry for Foreign Affairs.[3] There are exceptions to the usual residence requirements in some cases, including:
- One year of residence for citizens of a Latin American or a Caribbean country;[4]
- two years residence for citizens of Spain;[4]
- two years residence for a person married to a Colombian citizen or who has Colombian children;[4]
- five years residence for foreigners who are not Latin American, Caribbean or Spanish citizens.[4]
Tests
The person is also expected to pass a test related to Colombian history, geography and constitution. A Spanish language test is also required for people who are not native Spanish speakers.[4]
Those who have a bachelor's degree from a Colombian university or are over 65 years old are exempt from these tests.[4]
Dual nationality
Colombian nationality law acknowledges that a Colombian by birth or by naturalization as well can also have other nationalities.[5]
Colombians who acquired Colombian nationality by birth cannot be deprived of it under any circumstances, so acquiring another nationality does not in itself result in the loss of Colombian nationality. A person who renounced their Colombian nationality may recover it later.
Nevertheless, certain government positions are barred for those with dual citizenship. For example, career diplomats may not hold dual citizenship as per Colombian law, but an individual with dual citizenship might be appointed to a diplomatic position, but will not acquire career rights.
Colombian citizenship
Colombia law differentiates between nationality and citizenship. Nationality is the attribute of the person in international law that describes his relationship to the State, whereas citizenship is given to those nationals (i.e. those that hold the Colombian nationality) that have certain rights and responsibilities to the State. The 98th article of the Colombian constitution establishes that Colombian citizens are those nationals that are 18 years of age or older.[6]
Colombian citizens are allowed to vote on elections and exercise the public action of unconstitutionality.
Renunciation of citizenship
Colombian citizens can renounce citizenship. The process of renunciation requires the citizen to appear at a Colombian embassy or consulate if the petitioner live outside of Colombia, or at the Ministry for Foreign Affairs if the petitioner reside in Colombia. To start the process to renounce the Colombian citizenship the petitioner must have another citizenship from a different country.[7]
References
- ↑ Congreso de Colombia (25 January 2002). "Acto Legislativo 1 de 2002". Diario Oficial 44693 del 31 de enero de 2002 (in Spanish). City of Bogotá. Retrieved 20 December 2015.
- 1 2 "citizenship". Ministry of Foreign Affairs. Retrieved 15 April 2017.
- ↑ "Ley 43 de 1993" (in Spanish). Congreso de Colombia. 1 February 1993. Retrieved 10 May 2016.
- 1 2 3 4 5 6 "How to become a Colombian citizen". Ministry of Foreign Affairs. Retrieved 15 April 2017.
- ↑ Article 96. "Constitution of Colombia". Office of the Attorney General. Retrieved 15 April 2017.
- ↑ "Constitución Política de Colombia" (PDF) (in Spanish). Presidencia de Colombia. 1991. Retrieved 27 December 2010.
- ↑ "Renunciation of Colombian citizenship".
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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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