Venezuela/Peru: Information on whether an individual born in Peru who is now a Venezuelan citizen (and has a Venezuelan wife born in Venezuela) would still have Peruvian citizenship according to Venezuelan law and according to Peruvian law

Please note that in Peru, citizenship and nationality are different, as defined in Peruvian legislation and explained in Response to Information Request ZZZ15933.E of 22 December 1993. Additional information on multiple nationality as regards Peru or Venezuela can be found in several Responses to Information Requests available in the Refinfo database.

An official of the Embassy of the Republic of Peru in Ottawa provided the following information on the above-mentioned subject in a telephone interview on 14 March 1995.

Under current law, an individual born in Peru retains his/her nationality unless the individual formally renounces Peruvian nationality before a "competent Peruvian authority," for example, a consular official of the embassy or the Peruvian ambassador. The official stated that a Peruvian national, even if holding citizenship or nationality of another country, could vote in Peruvian elections upon presentation of his/her "Libreta Electoral" (voting card) to Peruvian authorities. Peruvians obtain their "Libreta Electoral" when they reach 18 years of age.

According to the official, Peru only recognizes dual nationality status with Spain, with which it has a bilateral agreement. The official also stated that Peruvian authorities would not know whether a Peruvian citizen possesses another nationality, unless that person were to renounce his/her nationality, or unless two passports were found upon the person, for example, at a border control point.

In a subsequent interview the official stated that although Peru does not recognize dual nationality, except by virtue of specific bilateral agreements, it would still be possible for a Peruvian national to have the nationality of another country (15 Mar. 1995). However, in Peru, Peruvian nationality would take precedence over any other nationality possessed by an individual. The official also stated that there are few regulations in place regarding the procedure for changing one's nationality, beyond those described in this response (ibid.). The Peruvian legislature is expected to approve new regulations concerning citizenship or nationality by June 1995 (ibid.).

An official of the Embassy of the Republic of Venezuela in Ottawa provided the following information on the above-mentioned subject in a telephone interview (15 March 1995). The official stated that Venezuela does not recognize dual nationality with any country. Currently, a foreign citizen, for example a Peruvian, seeking Venezuelan citizenship while in Venezuela would make an application through the Ministry of Interior Relations, and would have to relinquish his/her passport to ministry officials. Venezuelan officials would then notify Peruvian authorities of the citizen's request for Venezuelan citizenship and return the passport to the Peruvian authorities (ibid.). A foreign citizen who married a Venezuelan citizen could also apply for citizenship outside Venezuela, providing he or she planned to reside in Venezuela, and would do so by making an application at the Venezuelan embassy. In this case, Venezuelan officials would not take the applicant's passport, but they would notify the appropriate authorities of the applicant's country of origin of the request for Venezuelan citizenship. The applicant then would be responsible for following the applicable procedures regarding changing citizenship of his/her own country (ibid.).

For additional information on obtaining Venezuelan citizenship, please consult Response to Information Request HTI19909.E of 2 March 1995.

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.

References

Embassy of the Republic of Peru, Ottawa. 14 and 15 March 1995. Telephone interviews with official.

Embassy of the Republic of Venezuela, Ottawa. 15 March 1995. Telephone interview with official.