Peru: Information on the distinction between citizenship and nationality, on whether Peruvian citizenship would be lost by acquiring another country's citizenship, on whether a woman who has lost her Peruvian citizenship can return and reside in Peru, on whether her minor children born outside Peru would have the right to reside with their mother in Peru, and on whether her foreign spouse can reside in Peru and obtain Peruvian citizenship and nationality
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1997 |
| Citation / Document Symbol | PER26857.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Peru: Information on the distinction between citizenship and nationality, on whether Peruvian citizenship would be lost by acquiring another country's citizenship, on whether a woman who has lost her Peruvian citizenship can return and reside in Peru, on whether her minor children born outside Peru would have the right to reside with their mother in Peru, and on whether her foreign spouse can reside in Peru and obtain Peruvian citizenship and nationality, 1 May 1997, PER26857.E, available at: https://www.refworld.org/docid/3ae6ab83a8.html [accessed 6 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Please find attached excerpts on citizenship and nationality from an English and Spanish version of the Constitution of Peru.
The information that follows was provided during a 9 May 1997 telephone interview by an official at the Embassy of Peru in Ottawa, based on his professional law studies and on legal documentation available at the embassy.
In Peru, citizenship and nationality are not the same: nationality (nacionalidad) refers to a person's affiliation to a country, whereas citizenship (ciudadanía) refers to a status that confers legal and political rights to a Peruvian national who has reached 18 years of age, the age of majority.
As indicated in the Constitution, nationality is acquired by birth or by naturalization, and can only be lost by expressly renouncing it before a competent Peruvian authority (renuncia expresa ante autoridad peruana). As indicated in the Constitution, persons born in Peru, and persons born abroad from at least one Peruvian parent and registered with the pertinent authorities in Peru or at a Peruvian diplomatic or consular office abroad before reaching 18 years of age, are considered Peruvian nationals. All Peruvian nationals have the right to reside in Peru.
Peruvian citizenship is not lost as long as Peruvian nationality is not lost. However, citizenship, or the set of legal and political rights provided by citizen status, can be suspended in the cases contemplated in Section III of the Constitution (attached to this Response).
The source pointed out that the English translation available to the DIRB and attached to this Response does not translate accurately the term nacionalidad: the attached document translates nacionalidad in section 21 of article 2, and in articles 52 and 53, as "citizenship," when the accurate translation would be "nationality." The available translation lends itself to confusion, as ciudadanía, as written in the articles of Title III, are correctly translated as "citizenship."
The source was unaware of any changes to the law of foreigners and to the law and regulations governing the Migration Investment Program, cited in Responses to Information Requests PER15812.E, 15813.E and 15814.E of 15 December 1993. In principle, spouses of Peruvian nationals are allowed to reside in Peru with their spouses, more so if they are parents of Peruvian children. Only under very rare and exceptional circumstances could authorities be expected to deny a foreigner the authorization to reside in Peru with his or her Peruvian spouse and children; the source, however, was uncertain of any specific circumstances that might warrant such a denial of authorization.
Acquisition of Peruvian citizenship by a foreigner would have to follow naturalization, or the acquisition of Peruvian nationality. Citizenship would be granted automatically upon electoral registration, which requires presentation of proof of Peruvian nationality. Acquisition of Peruvian nationality by the foreign spouse of a Peruvian national would require the Peruvian residence requirement as outlined in Peruvian law. The Migration Investment Program allows for accelerated processing of nationality applications from foreign investors who may or may not be married to Peruvian nationals.
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.
Reference
Embassy of Peru, Ottawa. 9 May 1997. Telephone interview with official.
Attachment
Heller, Peter B. January 1995. "Peru," Constitutions of the Countries of the World. Edited by Gisbert H. Flanz. Dobbs Ferry, New York: Oceana Publications, Inc., pp. 10, 29, 113, 115, 121-23, 125.
