Obtention and loss of citizenship, Argentina [ARG3532]

According to the Consulate of Argentina in Montreal, [According to the Embassy of Argentina in Ottawa, the Montreal Consulate is responsible for immigration and naturalization affairs.] the 23 September 1954 Law on Nationality, Citizenship and Naturalisation was used by the last military junta and abolished by the Alfonsín administration in the first half of the past decade. A new law on citizenship and naturalisation which is currently in effect is being sent by the Consulate of Argentina to the IRBDC. A copy or details of its contents can be provided to the requester upon further request. Meanwhile, the Consulate provided the following information based on the current citizenship and naturalisation law:

Citizenship in Argentina is governed by the "jus solis" principle, meaning that citizenship is automatically granted to those born inside Argentine territory. Those born to Argentine parents residing abroad have the right to obtain landed immigrant or permanent resident status for living in Argentina; once in Argentina and after they become 18 years of age, they can request Argentine citizenship which is, according to the source, usually granted almost immediately. Children born to Argentine citizens serving their country abroad are the exception to the procedure which is required for foreign-born children of other Argentine parents residing abroad who want to obtain Argentine citizenship.

Anyone born on Argentine territory is considered a citizen of Argentina, regardless of the nationality or status of the parents and whether he/she is also registered as a citizen of another country or not. The only way to lose citizenship is to personally renounce it before an Argentine judge, who decides on the request's approval or rejection.

Constitutional provisions, however, have a higher hierarchy than laws. The only reference to acquisition of Argentine citizenship in the Constitution is stated in article 20.

According to article 20 of the Constitution of Argentina [As published by Constitutions of the Countries of the World, (New York: Oceana Publications, Inc., 1983), p. 6.]:

"[Foreigners] are not obliged to assume citizenship nor to pay forced extraordinary taxes. They may obtain naturalization by residing two continuous years in the Nation; but the authorities may shorten this term in favour of anyone so requesting, on asserting and proving services to the Republic."

Article 21 of the Constitution [ Ibid.] states that naturalized foreigners are not required to bear arms in defense of the country or the Constitution for a period of ten years counting from the date on which they obtain their citizenship papers.

The Consulate of Argentina confirmed that the Constitutional articles are in effect and cannot be abrogated by a law.