According to a consular officer at the Embassy of Peru in Ottawa, marriage to a Peruvian does not automatically entitle a foreigner to Peruvian citizenship (3 Dec. 1993). The foreigner must reside in Peru for two years before he or she is entitled to Peruvian citizenship (ibid.). After having resided in Peru for two years or more, the foreigner can apply for Peruvian citizenship at the Dirección General de Migración, if in Peru, or at a Peruvian diplomatic or consular mission if abroad (ibid.). In accordance with the spirit of the new constitution, foreigners will not have to renounce their original citizenship to become naturalized Peruvians (ibid.).

For additional information, please consult Responses to Information Requests PER15812.E and PER15814.E of 15 December 1993, which provide additional information on the subject. Response to Information Request PER15812.E includes a copy of the law of foreigners (Ley de Extranjería) of 29 November 1991 and of the law and regulations governing the Migration Investment Programme (Programa Migración-Inversión) of 19 March 1993. Another consular official at the Embassy of Peru stated that these laws and regulations currently govern naturalization and the status of foreigners in Peru (6 Dec. 1993). There is, however, a "legal vacuum" on certain aspects of nationality issues affecting both Peruvians and foreigners seeking naturalization (ibid.). The old constitution which provided the basic guidelines regulating nationality, is suspended, and the new one is not yet in effect (ibid.). The source added that the new constitution will be in effect the day after it is published in the official newspaper El Peruano, after the president and the constituent congress promulgate it. After the promulgation, there will still be a legal vacuum, since the constitution does not cover all the different aspects of nationality and citizenship and the regulations that must follow it might not be immediately completed and approved (ibid.). Therefore, the embassies and consulates of Peru and the Dirección General de Migración in Peru may be unable to process some cases regarding nationality until the new regulations are finalized and approved (ibid.).

This response was prepared after researching publicly accessible information currently available to the DIRB 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 Peru, Ottawa. 6 December 1993. Telephone interview with consular officer.

_____. 3 December 1993. Interview with consular officer.