Dokument #1331426
IRB – Immigration and Refugee Board of Canada (Autor)
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.