Research Directorate, Immigration and Refugee Board of Canada

1. Permanent Residence

Article 30 of the General Act No. 761 of 2011 regarding migration and foreigners (Ley General de Migración y Extranjería) lists the following subcategories under which permanent residence may be accessed:

[translation]

Art. 30 Categories of permanent residents

Permanent residents may be admitted under one of the following immigration subcategories:

1. Immigrants;
2. Immigrants with capital;
3. Pensioner or annuitant residents;
4. The spouse, children and parents of individuals mentioned in the above subcategories;
5. Foreigners with affinity or blood ties to Nicaraguans, including the spouse, parents and minor children;
6. Refugees;
7. Temporary residents with more than three years of legal residence in the country who may apply for permanent residence; and
8. Foreigners originating from Central America and those with whom Nicaragua signed dual citizenship agreements may apply directly for permanent residence provided that the principle of reciprocity applies. (Nicaragua 2011)

1.1 Requirements and Procedures to Obtain Permanent Residence

According to the website of the General Directorate of Migration and Foreigners (Dirección General de Migración y Extranjería, DGME) of the Nicaraguan Ministry of the Interior (Ministerio de Gobernación, MIGOB), the following documents must be submitted to obtain permanent residence:

[translation]

• Application form[.]
• Letter of application for residence, addressed to the General Directorate of Migration and Foreigners.
• Original passport in good condition and photocopy (valid for at least six months). Nationals of CA-4 countries [1] may in exceptional cases be able to submit the original and a photocopy of a valid identity card (cédula de identidad).
• Two identity photographs (4.5 [cm] high by 3.5 [cm] wide), [on] white background, without glasses, hat, cap, [and with] ears and forehead visible.
• Birth certificate and certificate of naturalization if another nationality was acquired, issued by the competent authority in the country of origin, duly apostilled and authenticated, as appropriate.
• Certificate of criminal record issued by the competent authority in the country of origin or the country where the individual has resided over the past three years, apostilled or duly authenticated by the consulate of Nicaragua, the ministry of foreign affairs in the country of origin and by the chancellery in Nicaragua. Minors less than 18 years of age are exempted from this requirement.
• Health certificate issued by the competent authority in the country of origin or the country of previous residence, apostilled or authenticated, or by the health authorities in Nicaragua. (Nicaragua n.d.a)

The same source indicates that foreigners who are family members of a Nicaraguan citizen must also provide supporting documents substantiating this relationship, such as [translation] "birth certificate and photocopy of the identity card of Nicaraguan children" (Nicaragua n.d.a).

The DGME website also indicates that the application form may be purchased from the DGME offices for US$3; once it has been completed and the supporting documents have been submitted to the authorities, the applicant must wait for the notice of authorization and the issue of the permanent residence card by the DGME (Nicaragua n.d.a). In this regard, Act No. 761 specifies the following:

[translation]

Art. 28 Submitting a residence application

Foreigners who wish to obtain residence must apply to the General Directorate of Migration and Foreigners, if they are on national territory, or to the agents of the Nicaraguan foreign service in diplomatic missions and in consular offices, if they are outside Nicaragua. (Nicaragua 2011)

The DGME website also states that the fee for a five-year permanent residence application is US$250 for applicants falling under subcategories 1 and 5 of Article 30 of Act No. 761 (Nicaragua n.d.a).

1.1.1 For the Children and Grandchildren of Nicaraguan Nationals

Information on the specific possibility for the grandchildren of Nicaraguan citizens to apply for permanent residence could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Without providing further detail on permanent residence applicants who are the adult children of Nicaraguan nationals and who have minor dependents, the DGME website indicates that applicants who are family members of a Nicaraguan and who are [translation] "economically dependent" on that person should submit a "notarized statement of [financial] support and an income statement from the person undertaking to provide the [financial] support" (Nicaragua n.d.a). The same source specifies that all supporting documents originating from abroad [translation] "must be authenticated or apostilled" and that birth and marriage certificates, as well as police record extracts diplomas, among other things, "must be translated into Spanish by a certified translator before a notary with more than 10 years of experience" (Nicaragua n.d.a). The same source adds that [translation] "[a]ll the procedures are personal" (Nicaragua n.d.a).

2. Citizenship

Article 45 of Act No. 761 provides the following:

[translation]

Art. 45 Nationals

Nationals are:

1. Those born in the national territory, with the exception of children of foreigners in diplomatic service, children of foreign officials serving in international organizations or of individuals sent by their government to work in Nicaragua, unless they opt for the Nicaraguan nationality;
2. The children of a Nicaraguan father or mother;
3. Those born abroad to fathers or mothers who originally were Nicaraguan, if and when they apply for Nicaraguan nationality after reaching legal age or independence;
4. Children of unknown parents found in Nicaraguan territory, notwithstanding the fact that once their filiation becomes known, it will produce the appropriate effects; and
5. Children born to foreign parents aboard Nicaraguan aircrafts or vessels, if and when they apply for Nicaraguan nationality. (Nicaragua 2011)

According to CCLEX, a global association of immigration lawyers and tax advisers, Nicaraguan nationality may be acquired by means of naturalization for any foreigners who have resided in the country for four consecutive years as permanent residents and who have renounced all other nationalities (CCLEX n.d.). The same source specifies that the only exceptions to the requirement of renouncing dual citizenship exist for nationals of Spain, Guatemala, Honduras, and El Salvador (CCLEX n.d.).

2.1 Requirements and Procedures to Obtain Citizenship

The DGME website indicates that the following original supporting documents are commonly required to submit an application for Nicaraguan citizenship:

• Nationality application form;
• Notarized document requesting nationality;
• Immigration certificate;
• Certificate of [good] conduct from the police district in your place of residence;
• Apostilled or authenticated birth certificate; and
• 4 passport-sized photographs (Nicaragua n.d.b).

According to the same source, the originals as well as a photocopy of the following supporting documents are also frequently required for citizenship applications:

• Valid passport;
• Valid permanent residence card;
• Identity card of Nicaraguan spouse;
• Certificate of marriage or of common-law union; and
• Academic diploma (Nicaragua n.d.b).

According to Municipios de Nicaragua, a private website that provides information about the municipalities and regions of Nicaragua (Municipios de Nicaragua n.d.a), all supporting documents from abroad must be legalized by a Nicaraguan consular authority (Municipios de Nicaragua n.d.b). The DGME website indicates that applicants must go to the Directorate of Nationality (Dirección de Nacionalidad) of the DGME in order to conduct a preliminary interview and submit the required documents (Nicaragua n.d.b).

2.1.1 For the Children and Grandchildren of Nicaraguan Nationals

According to the citizenship application procedure posted on the DGME website, applicants who have minor children born abroad must attach a photocopy of the certificates of birth [translation] "so that, once the applicant is naturalized, Nicaraguan nationality will be extended to their minor children by virtue of the relationship" (Nicaragua n.d.b). Similarly, CCLEX indicates that citizenship acquired through naturalization "also extends to the underage children and spouse of the foreigner who has acquired Nicaraguan nationality" (CCLEX n.d.). According to the DGME website, applicants who are descendants of naturalized nationals must meet the following requirements in order to benefit from Nicaraguan nationality by extension:

[translation]

1. Notarized document, application for Nicaraguan nationality by extension where the father or mother, a nationalized Nicaraguan, appears on behalf of their child.
2. The minor's original birth certificate, authenticated or apostilled at [a Nicaraguan consulate].
3. Original and photocopy of the official publication La Gaceta.
4. Original and photocopy of the identity card of the naturalized father or mother.
5. Original and copy of the minor's foreign passport.
6. Certificate of [good] conduct (the requirements apply only to individuals over 16 years of age). (Nicaragua n.d.b)

3. Rights Reserved for Permanent Residents

Information on the rights of permanent residents of Nicaragua could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3.1 Access to Education, Employment and Health Care

Information on access to education, employment and health care for permanent residents of Nicaragua could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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] CA-4 is a border control agreement between Nicaragua, El Salvador, Honduras and Guatemala (US n.d.).

References

CCLEX. N.d. Rodrigo Antonio Taboada Rodríguez. "Dual Citizenship Nicaragua." [Accessed 21 Oct. 2021]

Municipios en Nicaragua. N.d.a. "Requisitos para obtener ciudadanía por naturalización." [Accessed 22 Oct. 2021]

Municipios en Nicaragua. N.d.b. "Información sobre pueblos y ciudades de Nicaragua." [Accessed 22 Oct. 2021]

Nicaragua. 2011. Ley General de Migración y Extranjería. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 22 Oct. 2021]

Nicaragua. N.d.a. Dirección General de Migración y Extranjería. "Solicitud de residencia permanente." [Accessed 25 Oct. 2021]

Nicaragua. N.d.b. Dirección General de Migración y Extranjería. "Solicitud de nacionalidad." [Accessed 25 Oct. 2021]

United States (US). N.d. US Embassy in Nicaragua. "Immigration Laws." [Accessed 15 Nov. 2021]

Additional Sources Consulted

Oral sources: law firms based in Nicaragua (4); Nicaragua – consulate general in Houston, consulate general in Miami, consulate general in New York, Dirección General de Migración y Extranjería, embassy in Ottawa, embassy in Paris, embassy in San José, embassy in Tegucigalpa, embassy in Washington, DC.

Internet sites, including: ecoi.net; France – ministère de l'Europe et des affaires étrangères; Organization of American States – Inter-American Commission on Human Rights; UN – Refworld; Thompson Reuters – LawInfo; US – embassy in Managua, Department of State, Library of Congress; Washington Office on Latin America.