The status and rights of a person who has lived and worked in Peru for 5 years; whether an individual is required to renounce previous citizenship to acquire citizenship or permanent resident status in Peru; what steps an individual must take to satisfy the Peruvian authorities that the individual has renounced previous citizenship [PER38832.E]

According to Chapter 1, Article 3 of Law No. 26574, Peru's Nationality Legislation:

1. Peruvian nationality is acquired through naturalization by:
Foreigners wishing to become nationals, who meet the following requirements:
a) have resided legally in the territory of the Republic for at least two consecutive years;
b) practice a profession or trade, or operate a business on a regular basis;
c) have no criminal record, and are of good conduct and moral character.
2. Foreigners residing in the territory of the Republic, who have provided distinguished service to Peru. This honour is conferred on them by legislative resolution of the Congress of the Republic at the suggestion of the Executive (3 Jan. 1996).

According to the First Secretary of the Consular Section, Embassy of the Republic of Peru in Ottawa, a person who has resided legally in Peru for five years can apply to the competent authorities to acquire Peruvian nationality (29 May 2002).

The First Secretary also confirmed that Peru recognizes and allows dual nationality (ibid.). Chapter IV, Articles 9 to 11 of the Nationality Law states:

Article 9: Peruvians by birth who acquire the nationality of another country do not lose their [Peruvian] nationality, unless they expressly renounce it before the competent authorities.
Article 10: Persons with dual nationality are subject to the rights and obligations of the nationality of the country where they reside.
Article 11: Dual nationality does not grant naturalized foreigners the rights exclusive to Peruvians at birth.
Peruvians by birth with dual nationality do not lose their exclusive rights under the Constitution (3 Jan. 1996).

When asked to clarify the meaning of Article 11 quoted above, the First Secretary explained that this may refer to the fact that naturalized Peruvians do not have the right to hold the offices of president, minister of state or congressman; these are rights exclusive to Peruvians by birth (29 May 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.


Embassy of the Republic of Peru, Ottawa. 29 May 2002. Interview with First Secretary, Consular Affairs.

Republic of Peru. 3 January 1996. Law No. 26574: Law on Nationality. Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada.