Peruvian nationality law

Peruvian Citizenship Act
Congress of the Republic of Peru
  • An Act relating to Peruvian citizenship
Territorial extentPeru
Enacted byGovernment of Peru
Related legislation
Constitution of Peru
Status: Current legislation

Peruvian nationality law is regulated by the 1993 Constitution of Peru, the Nationality Law 26574 of 1996, and the Supreme Decree 010-2002-IN, which regulates the implementation of Law 26574.[1] These laws determine who is, or is eligible to be, a citizen of Peru.[2] 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.[3][4][5] Peruvian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Peru; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Peruvian nationality. It can also be granted to a permanent resident, who has lived in Peru for a given period of time, through naturalization.[2]

Acquisition

Peruvian Documento Nacional de Identidad (DNI).
Peruvian passport.

According to the Peruvian Constitution and nationality legislation passed in 1996 as well as an executive order declared in 1997, Peruvian nationality can be passed by birth via jus soli or by registration if born overseas and duly registered at a Peruvian embassy or consulate before the child reaches 18 years of age. As of March 2018, children born abroad to Peruvian parents are now able to register as Peruvian nationals even if they were not registered before age 18 (see next paragraph). In addition, infants or minor children found abandoned on Peruvian territory are assumed to be Peruvian nationals. This is consistent with the nationality law of most countries of the Americas. In 1992, Peru had a scheme of selling nationality to foreign investors for US$25,000. The scheme was closed the year after due to public outrage.[6]

Beginning in March 2018, those children born overseas to Peruvian mothers or fathers who were not registered before reaching 18 years of age can now also acquire Peruvian nationality by applying at their local consular office abroad, under an amendment to Article 52 of the Peruvian Constitution.[7]

Foreigners can also acquire Peruvian nationality, including:

  • Minor children born overseas to foreign parents who, having lived in the territory of the republic since five years of age, can elect to acquire Peruvian nationality at 18 years of age by applying to the nearest Peruvian consulate or embassy in their own country
  • Foreigners married to Peruvian spouses may acquire Peruvian nationality after two years of marriage and domicile in Peru.

Dual or Multiple Nationality

Politics of Peru
Constitution
Executive
Legislature
Congress of the Republic
President
Alejandro Soto Reyes
Judiciary

Supreme Court of the Republic
President Javier Arévalo Vela [es]

Autonomies
Elections
Administrative divisions
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flag Peru portal

In common with many other Ibero-American countries, Peru's 1993 constitution explicitly states that nationals of Latin American countries and Spain do not lose their nationality upon acquiring Peruvian citizenship (many Latin American countries and Spain have similar reciprocal laws). In practice, multiple nationality is acknowledged and accepted by Peru and its consular and diplomatic staff. Peru allows people to have dual citizenship, which means you can be a citizen of Peru and another country at the same time, Peru allows individuals to have multiple citizenships, including triple citizenship. This means that a person can be a citizen of Peru, as well as two or more countries at the same time.

Naturalization

A person who has two years of legal residency in Peru, be it by marriage or other reasons such as work, can apply for naturalization. The two year requirement starts from the date one acquires residency in the country, provided that residency never lapses. The years must be consecutive. If a person has a work visa that expires, and renews it later, it doesn't count as two consecutive years. The renewal must happen before the expiration of the first. For married people (you need to marry someone who is already a Peruvian citizen), simply staying in the country is sufficient.[8]

History

Peru declared independence from Spain in 1821 and adopted its first constitution in 1823.[9] Under Article 10, it defined Peruvians as free men born in the territory, those born anywhere to a Peruvian mother or father, and those who were naturalized according to procedure. The 1826 Constitution granted Peruvian nationality to people who had worked for the nation's independence and the 1828 Constitution allowed foreigners who has served in the national military to become citizens. In 1834 a new constitution made provisions for foreigners married to Peruvian woman or those who practiced a profession or art to become naturalized after two years residency.[10] In 1836, the Peru–Bolivian Confederation was formed and the Bolivian Civil Code of 1830 was adopted in the Peruvian States.[11] Enacted in 1830, it provided that a wife must obey her husband, live where he chose to reside, and regardless of whether the husband's country granted his wife nationality, she lost her own nationality upon marriage.[12][13] Because of the automatic change of nationality, only illegitimate children could derive nationality from their mother.[14] With the dissolution of the confederation in 1839, Peru adopted a new constitution defining who were Peruvian by birth, which followed the same basic concepts of birth in the territory or birth abroad to Peruvians, and who could be naturalized. These concepts were adopted in the subsequent constitutions of 1856, 1860, 1920, and 1933.[15][16] The 1933 constitution provided additionally that foundlings of unknown parentage were considered to have been born in Peru and were entitled to Peruvian nationality.[16]

No specific civil code was in force after the Confederation collapsed, but a drafting commission was organized in 1845, which produced the Peruvian Civil Code of 1852.[11][17] It required married women's nationality to be derived from their husbands.[18] To repatriate, a woman could regain Peruvian nationality upon termination of the marriage by establishing her domicile in the territory.[19] In 1933, Alfredo Solf y Muro, the Peruvian delegate to the Pan-American Union's Montevideo conference, signed the Inter-American Convention on the Nationality of Women, which became effective in 1934, without legal reservations.[20] That year, Peru adopted a new constitution which provided in Article 6 that women acquired the nationality of their husbands, though it stipulated that unless she specifically renounced her Peruvian nationality she could retain it. A foreign woman's nationality was automatically changed upon marriage with a Peruvian husband.[16] In the 1979 Constitution of Peru, the first constitution to specifically reference nationality, Article 93 provided that neither marriage nor its dissolution impacted Peruvian nationality.[21][22]

See also

References

  1. ^ Pazo Pineda 2015, pp. 7–9.
  2. ^ a b Pazo Pineda 2015, p. 5.
  3. ^ Boll 2007, p. 66-67.
  4. ^ Honohan & Rougier 2018, p. 338.
  5. ^ Guerry & Rundell 2016, p. 73.
  6. ^ "Sombras Chinescas". Caretas (in Spanish). No. 1667. Lima. 26 April 2001. Archived from the original on 14 March 2016. Retrieved 25 February 2021.
  7. ^ LEY DE REFORMA DEL ARTÍCULO 52º DE LA CONSTITUCIÓN POLÍTICA DEL PERÚ, retrieved July 30, 2020
  8. ^ "PERU CITIZENSHIP SELLS FOR $25,000". The New York Times. Retrieved 2012-04-18.
  9. ^ Rodríguez 1907, p. 253.
  10. ^ Pazo Pineda 2015, p. 3.
  11. ^ a b Soriano Cienfuegos 2013, pp. 131–133.
  12. ^ Villarroel Smeall 2001, p. 17.
  13. ^ Stevens 1933, pp. 4–5, Part II.
  14. ^ Bonifaz Stagnaro 1946, p. 211.
  15. ^ Pazo Pineda 2015, pp. 3–4.
  16. ^ a b c Stevens 1933, p. 54, Section II.
  17. ^ Andrés Santos 2014, p. 305.
  18. ^ Bonifaz Stagnaro 1946, p. 212.
  19. ^ Stevens 1933, p. 55, Section II.
  20. ^ Avalon Project 1933.
  21. ^ Maestre Alfonso 1987, pp. 341, 364.
  22. ^ Pazo Pineda 2015, p. 4.

Bibliography

  • Andrés Santos, Francisco J. (2014). "Napoleon in America?: Reflections on the Concept of 'Legal Reception' in the Light of the Civil Law Codification in Latin America" (PDF). In Duve, Thomas (ed.). Entanglements in Legal History: Conceptual Approaches. Global Perspectives on Legal History. Vol. 1. Frankfurt am Main: Max Planck Institute for European Legal History. pp. 297–313. doi:10.12946/gplh1. ISBN 978-3-944773-00-1.
  • Boll, Alfred Michael (2007). Multiple Nationality And International Law. Leiden: Martinus Nijhoff Publishers. ISBN 978-90-04-14838-3.
  • Bonifaz Stagnaro, Jorge (December 1946). "La condición jurídica del extranjero en el Perú" [The Legal Status of the Foreigner in Peru] (PDF). Revista de la Universidad Católica (in Spanish). 14 (2). Lima: Pontificia Universidad Católica del Perú: 206–348. ISSN 0251-3420. Archived from the original (PDF) on 24 February 2021. Retrieved 24 February 2021.
  • 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.
  • Maestre Alfonso, Juan (1987). Constituciones y leyes políticas de América Latina, Filipinas y Guinea Ecuatorial [Constitutions and Political Laws of Latin America, the Philippines and Equatorial Guinea] (in Spanish). Vol. 1: Mexico, Nicaragua, Peru, Guinea Ecuatorial — Tomo 1: La expectative revolucionaria [The Revolutionary Expectation]. Seville: Editorial CSIC - CSIC Press. ISBN 978-84-00-06491-4.
  • Pazo Pineda, Oscar Andrés (June 2015). "Report on Citizenship Law: Peru" (PDF). cadmus.eui.eu. Translated by Mendes, Mariana. Badia Fiesolana: European University Institute. Archived (PDF) from the original on 1 February 2021. Retrieved 1 February 2021.
  • Rodríguez, José Ignacio (1907). American Constitutions: A Compilation of the Political Constitutions of the Independent Nations of the New World. Vol. 2. Washington, D. C.: U.S. Government Printing Office. OCLC 706589888.
  • Soriano Cienfuegos, Carlos (January–April 2013). "Circulación de modelos y centralidad de los códigos civiles en el derecho privado latinoamericano" (PDF). Boletín Mexicano de Derecho Comparado (in Spanish). XLVI (136). Mexico City: Universidad Nacional Autónoma de México: 125–164. ISSN 2448-4873. OCLC 5728414289. Archived (PDF) from the original on 9 July 2020. Retrieved 3 January 2021.
  • Stevens, Doris (28 November 1933). Report on the Nationality of Women (PDF). 7th Conference of American Republics, Montevideo, December 1933. Washington, D.C.: Inter-American Commission of Women – via Alexander Street Press: Women and Social Movements.
  • Villarroel Smeall, Gratzia (2001). "Bolivia: Women's Rights, the International Women's Convention, and State Compliance". In Walter, Lynn (ed.). Women's Rights: A Global View. Westport, Connecticut: Greenwood Publishing Group. pp. 15–28. ISBN 978-0-313-30890-1.
  • "Convention on the Nationality of Women (Inter-American); December 26, 1933". Avalon Project. New Haven, Connecticut: Yale Law School. December 26, 1933. Archived from the original on 27 December 2020. Retrieved 27 December 2020.

External links

  • (English)
  • Peruvian Directorate of Naturalizations and Migration (Spanish & English)
  • Peruvian Ministry of Foreign Relations (in Spanish)
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