Guatemala

Dual Citizenship Guatemala

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Based on Decree No. 1613 of 1966 (Nationality Law and its amendments), which regulates the acquisition, retention, loss, and recovery of Guatemalan citizenship, Guatemala recognizes different modes of acquiring citizenship, with specific provisions for both native Guatemalans and naturalized individuals.

Modes of acquiring citizenship in Guatemala

1. By birth: Persons born in the territory of Guatemala acquire Guatemalan citizenship under the "jus soli" principle. Additionally, children of Guatemalan parents born abroad can acquire citizenship under the "jus sanguinis" principle, provided they meet the legal requirements.
2. Naturalization: Foreigners can acquire Guatemalan citizenship through two types of naturalization:
   • Concessive naturalization: Granted to foreigners who have resided in Guatemala for at least five consecutive years or who have rendered significant services to the country. It may also be granted under special conditions, such as scientific, artistic, or philanthropic merit.
   • Declaratory naturalization: Applies in cases such as marriage to a Guatemalan citizen or circumstances involving adopted children or children born before their parents obtained Guatemalan citizenship.

Acceptance of dual citizenship in Guatemala

Guatemala allows native Guatemalan citizens to retain their nationality, even if they acquire another citizenship through naturalization in a foreign country. However, the law stipulates that these Guatemalans cannot invoke their foreign citizenship while within Guatemalan territory. In this context, citizens holding dual nationality are regarded solely as Guatemalan within the borders of Guatemala and must adhere to the corresponding rights and obligations, without appealing to any other sovereignty.

Citizenship for foreigners in Guatemala and renunciation of foreign nationality

Foreigners who naturalize in Guatemala must symbolically renounce their nationality of origin. This renunciation is a legal requirement to be recognized as a Guatemalan citizen. However, this renunciation is only effective within Guatemalan territory, meaning that the naturalized individual cannot invoke consular protection or rights from their country of origin while in Guatemala. In practice, many naturalized citizens retain their original nationality outside Guatemala if their home country permits it.

Furthermore, the solemn act of naturalization includes a declaration renouncing any other citizenship and an oath of allegiance to Guatemala. This ensures that naturalized foreigners are treated as Guatemalans in all matters within the country and cannot claim special rights due to their prior nationality.

Special conditions and restrictions related to dual citizenship in Guatemala

1. Exclusivity of rights within Guatemala: Guatemalan citizens who hold dual or multiple nationalities are recognized exclusively as Guatemalan nationals within the country. This prevents them from exercising rights derived from their foreign nationality while in Guatemala.
2. Mandatory renunciation in special cases: Although Guatemala allows dual citizenship, some countries require renunciation of the original nationality to obtain theirs. In these cases, Guatemalans who must renounce their nationality for obligatory reasons may recover their Guatemalan citizenship by re-establishing residence in the country.
3. Restrictions for naturalized citizens: Naturalized citizens face specific restrictions, such as the loss of citizenship if they are absent from the country for more than four years without authorization. Additionally, they may lose their citizenship if they engage in activities contrary to the interests of the Guatemalan state.

General conclusion

Guatemala allows and regulates dual and multiple citizenship with an approach that safeguards its national sovereignty. Native Guatemalans may retain their citizenship even if they acquire foreign citizenship, but they are recognized solely as Guatemalans within the national territory. On the other hand, foreigners who naturalize in Guatemala must symbolically renounce their previous citizenship for legal purposes within the country, ensuring that they behave as Guatemalan citizens and do not invoke protection from their country of origin while in Guatemala.

These measures aim to ensure consistency in the application of rights and obligations for all Guatemalan citizens, whether naturalized or native, ensuring that everyone is subject to the same laws within Guatemalan territory, while maintaining a clear distinction between exercising rights inside and outside the country.

Legal Commentary on the Modes of Acquiring Citizenship in Guatemala Specifically Through Descent

The Guatemalan Nationality Law, based on Decree No. 1613 of 1966, establishes that Guatemalan citizenship can be acquired through the principle of "jus sanguinis", meaning that nationality is passed on by descent. This principle primarily applies to children born abroad to Guatemalan parents, who have the right to be recognized as Guatemalan citizens.

Modes of Acquiring Citizenship by Descent

1. Children of Guatemalan Citizens Born Abroad: Children born outside Guatemalan territory to Guatemalan parents can acquire citizenship as long as one or both parents are Guatemalan citizens at the time of the child's birth. Article 7 of the Nationality Law states that these children can opt for Guatemalan citizenship, and upon fulfilling the legal requirements, they are recognized as citizens by birth, even if they were not born in the country.
2. Recognition of Parentage: The law allows that the recognition of paternity or maternity made after the registration of the birth certificate may be accepted as determining Guatemalan nationality. This is particularly important in cases where parentage was not immediately established or where legal complications arose when registering the birth abroad.
3. Process for Acquiring Nationality: For children of Guatemalans born abroad to be recognized as Guatemalan citizens, certain formalities must be followed. Parents must register their children with the appropriate consular authorities, providing legal proof of parentage. This process also applies when nationality is acquired as a result of adoption or delayed recognition.

Restrictions and Special Conditions

While children of Guatemalans have the right to opt for Guatemalan nationality, they must meet certain requirements within specific timeframes. For instance, children born abroad who have acquired domicile in Guatemala must declare their decision to opt for Guatemalan nationality within the first year after reaching the age of majority, as stipulated by law.

Furthermore, if a child of Guatemalan parents fails to make the necessary declaration within the specified timeframes, the law provides for penalties, including the potential loss of the right to opt for Guatemalan nationality.

Conclusion on Acquiring Citizenship by Descent

In Guatemala, the recognition of citizenship through descent is a fundamental right for children of Guatemalan citizens born abroad. The law guarantees that these children can acquire nationality through clear and defined processes, as long as the legal requirements are met. However, compliance with deadlines and formalities is crucial to avoid the loss of this right, and the Guatemalan government maintains rigorous control over the procedures to ensure the legitimacy of nationality acquisition.