Guatemalan nationality law

Guatemalan nationality is regulated by the 1985 Constitution, as amended in 1995,[1] and the 1966 Nationality Law, as amended in 1996.[2] These laws determine who is, or is eligible to be, a citizen of Guatemala. Guatemalan citizenship is typically obtained either on the principle of jus soli, i.e. by birth in Guatemala; or under the rules of jus sanguinis, i.e. by birth abroad to at least one parent with Guatemalan nationality. It can also be granted to a permanent resident who has lived in Guatemala for a given period of time through naturalization.[3]

Acquiring Guatemalan nationality

Guatemalans may acquire nationality through birth or naturalization.[3] If a Guatemalan national has lost nationality through mandatory regulation of a foreign government, such as a requirement for a woman to lose her nationality upon marriage to a foreigner, it may be re-acquired by establishing a domicile in the country and requesting repatriation according to the proper procedures.[4]

By birthright
  • Those born within the territory of Guatemala, on Guatemalan ships, or in Guatemalan aircraft.[3]
  • Those born abroad to Guatemalan parents.[5]
  • Those citizens of other Central American countries, which were part of the former Federal Republic of Central America, who have establish a domicile in Guatemala and request naturalization from the authorities.[5][6] Article 19 of Title VIII, extends this provision to Belizean citizens.[7]

By naturalization

Naturalization requires completion of an application of request filed with the departmental governor. The application must be supported with the requisite documents to establish eligibility and confirm Spanish language proficiency. Upon verification that documentation meets the legal requirements it must be approved by the Ministry of Foreign Affairs and the Public Ministry prior to presentation to the President of Guatemala. The president determines whether nationality is granted.[8]

  • Foreigners with no breaks in residency greater than one year or six consecutive months who have established a domicile in the country for 5 years.[5]
  • Foreigners who have resided in the country for 10 years.[5]
  • Foreigners with special skills who have resided in the country for at least two years.[9]
  • Stateless persons who have no access to legal recognition elsewhere.[8]

Loss of Guatemalan nationality
  • Guatemalans cannot renounce their nationality unless it is a requirement to attaining another nationality.[8]
  • Naturalized Guatemalans who are found to have used false documents to acquire nationality can have their right revoked.[8]
  • In cases where a naturalized Guatemalan participates in activities that pose a security risk to the state, wherein another state might invoke foreign sovereignty over Guatemala, or if the citizen refuses to uphold the duty to defend the country and other obligations of citizenship, nationality can be lost.[10]
  • Nationality can be revoked if a citizen has a serious criminal record which was not disclosed during the naturalization process.[10]
  • Defects in the marriage process which allowed naturalization may be cause for loss of nationality.[10]

Dual nationality
  • Guatemala has an agreement with Spain whereby nationals of either country can establish birthright nationality by establishing their residence in either country.[10]
  • Dual nationality is accepted as long as it does not invoke another sovereignty over that of Guatemala.[4]

References

Citations
  1. Valle Velasco 2012, p. 1.
  2. Decreto número 1613 1996, p. 1.
  3. Sarazua 2020, p. 9.
  4. Decreto número 1613 1996, p. 2.
  5. Sarazua 2020, p. 10.
  6. Valle Velasco 2012, p. 46.
  7. Valle Velasco 2012, p. 89.
  8. Sarazua 2020, p. 11.
  9. Sarazua 2020, pp. 10-11.
  10. Sarazua 2020, p. 12.

Bibliography
  • Sarazua, Juan Carlos (March 2020). "Report on Citizenship Law: Guatemala" (PDF). cadmus.eui.eu. Translated by Rubio Grundell, Lucrecia Carlos. Badia Fiesolana: European University Institute. Archived (PDF) from the original on 9 January 2021. Retrieved 9 January 2021.
  • Valle Velasco, Luis Francisco (translator) (2012). "Guatemala's Constitution of 1985 with Amendments through 1993" (PDF). Constitute Project. Buffalo, New York: William S. Hein & Co., Inc. Archived (PDF) from the original on 29 October 2020. Retrieved 12 January 2021.
  • "Decreto número 1613, 29 Octubre 1966: Ley de nacionalidad y sus reformas" [Decree Number 1613, 29 October 1966: Law of Nationality and Its Reforms] (PDF). Alto Comisionado de las Naciones Unidas para los Refugiados (in Spanish). Geneva: United Nations. 21 October 1996. Archived (PDF) from the original on 12 January 2021. Retrieved 12 January 2021.
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