The information that follows was provided by a consular official at the Embassy of Venezuela in Ottawa during a 3 November 2003 telephone interview. The information is based on current constitutional provisions, laws and regulations, including internal directives issued by the legal counsel of the Ministry of Foreign Affairs (Consultoría Jurídica del Ministerio de Relaciones Exteriores) for dealing with specific questions on the acquisition of Venezuelan nationality. This adds to previous Responses and information on the Venezuelan Constitution already available through Regional Documentation Centres.

Persons born outside Venezuela from a Venezuelan father have a right to claim Venezuelan nationality. However, Venezuelan nationality will usually be granted to those persons only if they demonstrate their intention to be Venezuelan nationals before they reach 18 years of age (the age of majority) by, for example, registering in a Venezuelan embassy or consulate, requesting a Venezuelan passport and/or birth certificate or moving to Venezuela.

After reaching 18 years of age, such persons may obtain Venezuelan nationality through a judicial process in Venezuela. The person in question has to initiate the legal process (procedimiento judicial de adquisición de nacionalidad ) in Venezuela, in person or through a power of attorney; the process will require the person to present evidence and arguments to convince the court that he or she should acquire Venezuelan nationality. If the court issues a favourable sentence, the person could be issued a Venezuelan birth certificate and become a Venezuelan national.

Venezuela does recognize common-law marriage (concubinato) for matters such as child custody and the distribution of assets upon a break-up, but not for the acquisition of nationality. The constitution and laws of Venezuela allow spouses of Venezuelan nationals to acquire Venezuelan nationality upon meeting certain conditions (for example, a period of residence in Venezuela); however, for the purposes of acquiring Venezuelan nationality, a spouse is someone who has officially married, and the date of matrimony is the date when the official marriage ceremony or legal registration of the marriage took place.

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 Venezuela, Ottawa. 3 November 2003. Telephone interview with consular officer.