Argentina: Information on the requirements for becoming a naturalized citizen, on whether the name of the naturalized person is publicly registered or published, and on where such records or publications can be accessed

In 15 July 1997 telephone interviews and in writing, the consulate of Argentina in Montreal stated that Law no 21795 (Nationality and Citizenship Act) of 1978 was repealed in 1984. The previous legislation governing citizenship and nationality came into effect again by virtue of Law 23059 of 22 March 1984 (promulgated on 6 April 1984 and published on 10 April 1984) (ibid.). The laws that regained effect were laws 346, 16801 and 20835, while 16569, Decree-Law 17692/68 and article 91 of Law 20957 remained in effect (ibid.). Law 23059 states that persons who lost their Argentine citizenship and nationality by virtue of Law 21795, or during the period in which that law was in effect, are considered to have had their citizenship and nationality reinstated (ibid.).

The consulate detailed the following requirements for naturalization as set out in article 2 of Law 346 of 1863 (please note that the text in this Response to Information Request is not a legal or official translation of the terms used in the cited Spanish-language legislation, and is provided only for your reference):

1) foreigners 18 years of age or older who reside in Argentina for two continuous years and express before a federal judge their desire to be naturalized Argentine nationals;

2) foreigners who, regardless of their period of residence in Argentina, can prove to a federal judge that he or she has served in one of the following ways:

a) having worked honourably in the service of the nation or the provinces within or outside the Republic;

b) having served in the army or navy, or having assisted in a war effort in defence of the nation;

c) having established a new industry in the country or having introduced a useful invention;

d) being a railroad builder or enterpreneur in any of the provinces;

e) being part of an existing or future colony with the aim of establishing roots there;

f) inhabiting or populating national territories included within or outside the current national borders;

g) having married an Argentine woman in any of the provinces;

h) exercising in any of the provinces an educational or industrial activity.

The source also provided details from article 10 of the Decree of 19 December 1931, which regulates the application of Law 346. The article states that, at the time naturalization is requested, the foreigner must meet the following personal requirements:

a) be an able person (ser capaz), in accordance to the laws of the Argentine Republic;

b) have impeccable behaviour (conducta irreprochable);

c) have a means to support him/herself;

d) not have a criminal record or conviction for serious crimes, even if these have been forgiven, amnestied or otherwise annulled;

e) be able to communicate in Spanish;

f) not profess doctrines or be affiliated to sects that combat the established form of government of the Republic.

Previous articles of the same decree establish procedural requirements for requesting and obtaining Argentine nationality by naturalization, including the following:

- proof of current nationality and age must be presented;

- the two years of continuous residence in Argentine territory must be proven by a record of places of residence during the period and corroborated summarily by clearly identified witnesses and immigration certificates or other trustworthy documents;

- the residency and good conduct requirements of the applicant, as well as the identity and good behaviour of any witnesses he presents, must be corroborated by the police authorities of the places where the applicant has resided;

- the occupation of the applicant must be certified by an employment certificate ratified before a judge or confirmed by a pertinent police authority;

- the applicant must show a report by the electoral registry or related authority that Argentine nationality has not been previously revoked or denied to him/her; to facilitate this step, the electoral registry shall keep a record of any cases in which nationality has been denied or revoked;

- naturalized foreigners who exercise their previous nationality will be expeditiously removed from the civil registry, and their political rights will not be reinstated unless authorized by the nation's Congress.

Articles 11 and 12 of the same decree state that foreigners meeting the preceding requirements must personally submit their written application before a judge or pertinent authority of their locality, with a duplicate that will be forwarded to the police authorities for the purposes outlined in previous articles. The application shall indicate the applicant's full name, age, marital status, physical traits, occupation, place of birth indicating town, province, city and nation, religion if any, last place of residence abroad, date of entry into Argentina, and the names, occupations and addresses of two adult witnesses who live in the jurisdiction where the application is submitted, who have resided in the country the two years preceding the date of application, and who can attest to the morality, age, nationality and residence of the applicant.

The applicant must swear respect for the country, its constitution and the institutions enshrined in it. If a naturalized Argentine is found to have lied or hidden crucial information to obtain this status, or commits acts that result in public indignity (indignidad pública) or are contrary to his/her oath, Argentine nationality could be revoked.

The information provided above was obtained from the Consulate of Argentina in Montreal on 15 July 1997. Details on the publication and accessibility of naturalization records, or additional information on naturalization requirements, were not available by the date of this Response to Information Request, although this does not preclude the possibility that other legislation may have been enacted and/or in effect at this time.

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

Consulate of Argentina, Montreal. 15 July 1997. Telephone interviews with consular officer.

_____. 15 July 1997. Fax received by DIRB.