Peruvian nationality law


Peruvian nationality law
Peru

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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. In addition, infants or minor children found abandoned on Peruvian territory are assumed to be Peruvian citizens. This is consistent with the nationality law of most countries of the Americas.

Those children born overseas to Peruvian mothers or fathers who were not registered before reaching 18 years of age can acquire Peruvian nationality by choice if:

  • A petition is made to the Directorate of Naturalizations and Immigration (DIGEMIN). For this the petitioner must be resident in the Republic of Peru.

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.
  • Foreigners married to Peruvian spouses may acquire Peruvian nationality after two years of marriage and domicile in Peru.

Contents

Dual or Multiple Nationality

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 citizenship is acknowledged and accepted by Peru and its consular and diplomatic staff.

Naturalization

A person who has 2 years of legal residency in Peru, be it by marriage or other reasons such as work, can apply for naturalization. The 2 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, simply staying in the country is sufficient.

Requirements for naturalization can be found on Peru's DIGIMEN website.

The person does not lose their previous citizenship, no letter of resignation of it is required. Unless acquiring citizenship in Peru would conflict with the former country's laws, such as for Japanese Citizens.

See also

References



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