Uruguay : The requirements and procedure for the wife and children of a citizen born in Uruguay to obtain citizenship [URY105969.FE]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

Sources state that, according to the Constitution of Uruguay, Uruguayan nationality is granted to individuals born within the territory of Uruguay and to children born abroad to Uruguayan parents who, themselves, were born in Uruguay (Sandonato de Léon 2008, 178; Howard Alanis et al. 2011, 71; Tealdi 19 Oct. 2016). According to news published on the EUDO Observatory on Citizenship website in March 2016,

[t]he Parliament of Uruguay has approved a law [on 20 December 2015] that naturalises not only children (as [wa]s the case [until] present) but also grandchildren born to Uruguayans who have settled abroad. This will enable the said persons to vote, in case they returned to live in Uruguay, as well as to run for office (EUDO Observatory on Citizenship 21 Mar. 2016).

Sources report two types of citizenship, as defined under article 74 of the Constitution: natural citizenship (ciudadanía natural) and legal citizenship (ciudadanía legal) (Sandonato de Léon 2008, 178-183; Howard Alanis et al. 2011, 71; Tealdi 2016). Several sources report that, according to article 74 of the Uruguayan constitution, natural citizens are nationals born within the Uruguayan territory (Sandonato de Léon 2008, 178; Howard Alanis et al. 201, 71; Tealdi 2016). These same sources report that individuals born abroad to Uruguayan parents are natural citizens when they [translation] “take up residence” (avecinarse) [1] in Uruguay and register in the National Civic Register (Registro Cívico Nacional) (Sandonato de Léon 2008, 178; Howard Alanis et al. 2011, 71; Tealdi 2016). Jean-Paul Tealdi, an associate member of the Institute of Constitutional Law at the Faculty of Law at the University of the Republic (Uruguay), states that the National Civic Register is [translation] “the register of any person able to vote” (Tealdi 2016). To exercise citizenship rights, an individual must be registered in the National Civic Register (Tealdi 2016).

Sources report that article 75 of the Constitution establishes that a foreign national may apply for legal Uruguayan citizenship if they fall into one of the following categories:

[translation]

  • Foreign nationals of good conduct, and having a family within the Republic, who possess some capital or property in the country, or are engaged in some profession, craft, or industry, and have resided habitually in the Republic for three years;
  • Foreign nationals of good conduct, without families in the Republic, who possess some capital or property in the country, or are engaged in some profession, craft, or industry, and have resided habitually in the country for five years;
  • Foreign nationals who obtain special courtesy from the General Assembly (Asamblea General) for noteworthy services and outstanding merit. (Sandonato de Léon 2008, 183-185; Howard Alanis et al. 2011, 73; Margheritis May 2015)

1.1 Permanent Residence for Nationals of MERCOSUR Member States and for Foreign Members of the Family of a Uruguayan Citizen

According to the website of the Ministry of Foreign Relations of Uruguay (Ministerio de Relaciones Exteriores), Law 19.254 expedites access to permanent residence [translation] “for foreign nationals who are spouses, common-law spouses with Uruguayan legal agreements, parents, siblings, grandchildren of Uruguayan nationals, and nationals of MERCOSUR member states and associate members” (Uruguay N.d.a). The Uruguayan daily La República reports that this new legislation significantly simplifies the administrative procedures and the documents needed for these categories of nationals who represent the majority of the applications for permanent residence in Uruguay (La República 23 Oct. 2014).

2. Procedures
2.1 Procedure to Exercise the Citizenship Rights of Children Born Abroad to a Uruguayan Parent

The information in the following paragraph was provided by a representative of the Consulate of Uruguay in Ottawa during a telephone interview with the Research Directorate.

Since children and grandchildren of Uruguayan citizens born within the Uruguayan territory are automatically Uruguayan citizens, the procedure is to register the birth of the citizen. When an individual wishes to recognize their Uruguayan citizenship by registering their birth, they must appear in person at the nearest consulate with two witnesses, the birth certificate of their Uruguayan parent and their own birth certificate, legalized and translated into Spanish, if necessary. The individual may then receive their Uruguayan birth certificate. To obtain full citizenship rights, the individual must be established in Uruguay and initiate the necessary steps (Uruguay 11 July 2017).

The information in the following paragraph comes from the website of Electoral Court (Corte Electoral) of Uruguay.

To be able to register in the National Civic Register, Uruguayan citizens born abroad must prove their establishment in and attachment to Uruguay. This attachment is recognized by a Certificate of Residence (Certificado de Avecinamiento), which is issued by the Electoral Court. The application is free of charge. To submit an application, the individual must appear in person at the Legal Citizenship Section (Sección Ciudadanía Legal) in Montevideo, in the Departmental Electoral Offices (Oficinas Electorales Departamentales) in the interior or in the Canelones department, or at the Permanent Registration Offices (Oficinas Inscriptoras Permanentes) located in the cities of Pando, Las Piedras and Ciudad de la Costa. To submit the application, the applicant must present a [translation] “public” or “private” document that establishes residency in the country and was issued within the three months prior to the start of the procedure. The document must demonstrate actions [translation] “that unequivocally establish the applicant’s willingness to establish/reside in the country.” This may be demonstrated through, for example, [translation] “living in the country more than three months, a lease, the promise to purchase or the purchase of a property, the establishment of a business or professional activity, employment in a public or private activity, or any similar activity.” In the case of a minor applicant, if they are able to prove only their establishment, the same conditions apply. In the case of a minor applicant who is unable to prove even their establishment and who lives with their father or mother, the information requested may be provided through the parent, who must declare that the child is under their care and prove their establishment in the country (Uruguay N.d.c).

Jean Paul Tealdi states that once the Certificate of Residency has been obtained, the citizen may register in the National Civic Register, in compliance with article 77 of the Constitution (Tealdi 2016). The application must be made to the Registration Office (Oficina Inscriptora), which verifies that the signature and print on the certificate correspond with those of the applicant and that the filiation data on the certificate correspond with the data in the proof of citizenship presented with the application (Tealdi 2016). These proofs of citizenship are copies of the birth citizenship certificate of the applicant and copies of the birth certificate of the Uruguayan parent, which were submitted for the application for residency (Tealdi 2016). digitale

The website of the Electoral Court indicates that, to register in the National Civic Register, individuals must be at least 18 years old on the day of the next departmental elections (Uruguay N.d.e). The website also indicates that if the individual was born outside the Uruguayan territory of the Uruguayan father or mother, they must submit:

[translation]

  • a copy of the certified birth certificate, legalized and, if necessary, translated by the public translator; or the copy of the birth registration in the foreign nationals’ book at the Civil Status Registry;
  • a copy of the birth certificate of their Uruguayan father or mother;
  • the certificate of establishment, issued by the Electoral Court during the effective registration. (Uruguay N.d.e)

2.2 Procedure for the Spouse of a Uruguayan Citizen to Obtain Uruguayan Citizenship

The representative of the Uruguayan Consulate in Ottawa stated that there is no specific procedure for the spouse of a Uruguayan citizen to obtain Uruguayan citizenship (Uruguay 11 July 2017). She specified that, to obtain Uruguayan citizenship, the spouse must live in Uruguay “a certain number of years” and then apply for citizenship to the appropriate authorities (Uruguay 11 July 2017). Corroborating information, or additional information, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The information in the following paragraph comes from the website of the Electoral Court of Uruguay.

The citizenship card (Carta de Ciudadanía) serves as proof that a foreign national is a legal citizen of Uruguay. The Electoral Court is responsible for issuing the document. To submit an application, applicants must visit in person the Legal Citizenship Section (Sección Ciudadanía Legal) in Montevideo, in the Departmental Electoral Offices (Oficinas Electorales Departamentales) in the interior or in the Canelones department, or the Permanent Registration Offices (Oficinas Inscriptoras Permanentes) located in the cities of Pando, Las Piedras and Ciudad de la Costa. To obtain legal citizenship, the following elements must be established through the documents indicated:

[translation]

  • Authorization to reside in the country: certificate issued by the National Migration Branch (Dirección Nacional de Migración);
  • Nationality (through one of the following options):
    1. birth certificate from the country of origin, certified by the Uruguayan consulate in that country, legalized by the Ministry of Foreign Relations and translated by a public translator, if necessary;
    2. another document from the country of origin (marriage certificate, passport, identity document, etc.) establishing the applicant’s nationality. It must be certified by the Uruguayan consulate in the country of origin, legalized by the Ministry of Foreign Relations and translated by a public translator, if necessary.
  • Age (through one of the following documents):
    1. birth certificate already mentioned;
    2. certified passport, legalized and translated, if it is established that it corresponds to the certificate;
    3. national public documents with specific references;
    4. the certificate from a notary who has reviewed the certificate in question, if it is accompanied by a photocopy of the certified and legalized certificate and its corresponding translation, if necessary;
    5. medical certificate.
  • Identity: through the documentation presented and the declaration of two witnesses over 25 years of age, registered in the National Civic Register, and who may not be police officers or serving military members, or an electoral officer.
  • Residence:
    1. Without an established family: public or private documents that show that the applicant has lived in Uruguay for the last five years. These documents must clearly establish that, for the required period, the applicant’s habitual residence was in the country. …
    2. With an established family: public or private documents that show that the applicant has lived in Uruguay for the last three years. These documents must clearly establish that, for the required period, the applicant’s habitual residence was in the country. …
  • Having an established family:
    Proof of an established family may be made through the following:
    1. civil status extract or certificate, if the certificate was issued in the country.
    2. civil status extract or certificate translated and legalized if the document refers to an event that occurred abroad.
    3. passport, translated and legalized if it contains the same information …
      In addition, the identity of the family members (such as spouses, children, parents or dependent siblings of the applicant) must be verified by witnesses whose identity has been correctly established.
  • Establishment/residence in the country: public or private documents establishing that the applicant has capital, a business or property in the country, or that they are engaged in a professional activity …
  • Good conduct: police report and witness testimony.
  • Democratic ideas: the applicant must prove under oath and through the witnesses declarations that they hold democratic ideas and that they do not belong to social or political organizations that, through violence, aim to destroy the fundamentals of nationality. (Uruguay N.d.d, emphasis in the original)

Several sources report that once a new citizen has obtained legal citizenship, they must wait three years before being able to fully enjoy citizenship rights by registering in the National Civic Register (Sandonato de Léon 2008, 186; Howard Alanis et al. 2011, 74; Tealdi 2016).

2.3 Procedure for the Spouse of a Uruguayan Citizen to Obtain Permanent Residence

According to the website of the Ministry of Foreign Relations, the procedure is personal and may be carried out by making an appointment at the headquarters of the Ministry of Foreign Relations, in Montevideo, or at a consular office outside Uruguay, before entering the country (Uruguay N.d.a).

According to that same source, the documents to present for such a procedure are the following: applicant’s identity document, Uruguayan foreign national’s identity document, and marriage certificate of the applicant with the Uruguayan national (Uruguay N.d.b). At the Ministry of Foreign Relations, the applicant will make a sworn statement of a clean international criminal record that they must sign (Uruguay N.d.b).

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] According to article 4 of Law 16.021 of 4 April 1989, being established in Uruguay may be defined through actions that demonstrate an individual’s willingness to remain in the country, such as : A) permanent residence in the country for a period greater than one year; B) rental, promise to purchase or the purchase of a property in which to reside; C) establishment of a trade or business; D) employment in a private or public business; and E) other actions that establish this willingness (Uruguay 1989). Law 19.362, adopted on 31 December 2015, specifies that at least two conditions mentioned in article 4 must be met for the Electoral Court to proceed with registration in the corresponding register (Uruguay 2015).

References

EUDO Observatory on Citizenship. 21 March 2016. “New Law Grants Citizenship to Grandchildren of Uruguayan Citizens who Reside Abroad.” [Accessed 14 July 2017]

Howard, Alanis, Walter Tomas et al. 2011. Family Law in Uruguay. Edited by Roger Blanpain. Alphen aan den Rijn : Kluwer Law International.

La República. 23 October 2014. “Extranjeros pueden radicarse en nuestro país bajo nueva ley.” [Accessed 14 July 2017]

Margheritis, Ana. May 2015. Report on Citizenship Law: Uruguay. Badia Fiesolana : EUDO Observatory on Citizenship. (RSCAS/EUDO-CIT-CR 2015/11) [Accessed 14 July 2017]

Sandonato de León, Pablo. 2008. “Nacionalidad y extranjería en el Uruguay. Un estudio normopolítico.” Revista de Derecho (UCUDAL). No. 3.

Tealdi, Jean Paul. 19 October 2016. “Nacionalidad y ciudadanía en el Uruguay.” Revista Jurídica: El Blog jurídico de la Universidad de Aquino, Bolivia. [Accessed 6 July 2017]

Uruguay. 11 July 2017. Embassy in Ottawa. Telephone interview with a representative.

Uruguay. 2015. Ley No. 19.362 Ciudadanía Natural. [Accessed 20 July 2017]

Uruguay. 1989. Ley No. 16.021 Se Establece que Tienen la Calidad de Nacionales de la República Oriental del Uruguay, los Hombres y Mujeres Nacidos en Cualquier Punto del Territorio de la República. [Accessed 14 July 2017]

Uruguay. N.d.a. Ministerio de Relaciones Exteriores. “Ley 19.254 - Tramitación de residencia permanente para nacionales de los Estados Partes y Asociados del MERCOSUR y familiares de uruguayos de origen extranjero.” [Accessed 14 July 2017]

Uruguay. N.d.b. Ministerio de Relaciones Exteriores. “Documentación requerida para familiares de uruguayos de origen extranjero que inicien su trámite de residencia en ROU o en el exterior.” [Accessed 20 July 2017]

Uruguay. N.d.c. Corte electoral. “Certificado de Avecinamiento.” [Accessed 14 July 2017]

Uruguay. N.d.d. Corte electoral. “Carta de Ciudadanía.” [Accessed 14 July 2017]

Uruguay. N.d.e. Corte electoral. “Credencial Cívica.” [Accessed 14 July 2017]

Additional Sources Consulted

Internet sites, including: ecoi.net; United Nations – Refworld; Uruguay – Embassy in Ottawa, Embassy in Washington; Uruguay XXI.

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