Nicaraguan nationality law

Nicaraguan nationality is regulated by the Constitution, the General Law for Migration and Foreigners, Law No. 761 (Ley General de Migración y Extranjería. Ley No.761) and relevant treaties to which Nicaragua is a signatory.[1] These laws determine who is, or is eligible to be, a citizen of Nicaragua. Nicaraguan citizenship is typically obtained either on the principle of jus soli, i.e. by birth in Nicaragua; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Nicaraguan nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization or for a foreigner who has provided exceptional service to the nation.[2]

Acquiring Nicaraguan nationality

Nicaraguans may acquire nationality through birth or naturalization.[2] Birthright Nicaraguans cannot lose their nationality, even if they obtain another nationality; however if a naturalized citizen has lost nationality, as long as it was not revoked for fraud during the application or treason, nationality can be recovered by following official procedures.[3]

By birthright
  • Those born within the territory of Nicaragua, including foundlings, regardless of whether their parents are nationals or foreigners. In the case of children born to foreign officials, they must choose Nicaraguan nationality upon reaching their majority.[4]
  • Those born abroad to a Nicaraguan parent.[5]
  • Those foreigners to whom the legislature has extended nationality based upon their services to the nation are treated as birthright, except in the case of political candidacy, in which case, they are treated as naturalized.[5]

By naturalization

Naturalization requires completion of an application of request that is supported by the requisite documents to establish eligibility. Spanish language proficiency is no longer required. Applicants, unless they are from Spain or Central American republic, are required to revoke their former nationality and document four years of continuous residency in the territory.[5] For verification that documentation meets the legal requirements it must be approved by the Immigration Service.[6] Naturalization, which includes also the minor children of a person seeking nationality in Nicaragua, [7] is open to:

  • Foreigners who have established legal residence in the country for four years.[5]
  • Foreigners who have had legal residence for two years and who are originally from Spain or another country with a reciprocity agreement for nationalization with Nicaragua, are married to a Nicaraguan, or have Nicaraguan children.[5]
  • Foreigners with special skills or significant monetary investment, leading to the development of the country, who have resided in the country for at least two years.[7]
  • Nationals of any other Central American Republic, who do not have to meet renunciation requirements or residency.[7]

Loss of Nicaraguan nationality
  • Naturalized Nicaraguans can lose their nationality by entering or exiting the territory using another nationality.[7]
  • Naturalized Guatemalans who are found to have used false documents to acquire nationality can have their right revoked.[7]
  • In cases where a naturalized Nicaraguan participates in activities that are treasonous.[7]

Dual Nationality

Nicaragua has a large diaspora that make significant contributions to the economy. Recognizing that forcing them to give up Nicaraguan nationality to acquire a different nationality would impact the country, changes were made to eliminate the possibility that birthright Nicaraguans could lose their nationality.[8] Nicaragua has dual nationality treaties with Argentina, the nations of Central America, Italy and Spain.[7] Children born abroad who obtain nationality by birth in another place are also accepted as dual nationals. In the case that their parents are naturalized Nicaraguans, they must ratify their choice of Nicaraguan citizenship upon attaining the age of 16.[9]

References

Citations
  1. Courtney 2015, pp. 2-3.
  2. Courtney 2015, pp. 4-5.
  3. Courtney 2015, pp. 5-6.
  4. Courtney 2015, p. 4.
  5. Courtney 2015, p. 5.
  6. U.S. Embassy 2020.
  7. Courtney 2015, p. 6.
  8. Courtney 2015, p. 8.
  9. Courtney 2015, p. 7.

Bibliography
  • Courtney, Roberto (May 2015). "Report on Citizenship Law: Nicaragua" (PDF). cadmus.eui.eu. Badia Fiesolana: European University Institute. Archived (PDF) from the original on 20 January 2021. Retrieved 20 January 2021.
  • "Nicaraguan Immigration". ni.usembassy.gov. Managua: Embassy of the United States, Managua. 2020. Archived from the original on 20 October 2020. Retrieved 20 January 2021.
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