Guatemala/El Salvador: Procedures required for a citizen of a former Central American Federation country to obtain citizenship

The information that follows was provided by a consular officer of the Embassy of El Salvador, who has extensive experience in processing citizenship and naturalization applications in both Canada and El Salvador, during an 11 May 1999 telephone interview.

Central Americans who have a Salvadorean parent are automatically entitled to Salvadorean citizenship, regardless of the country where they were born; they are considered citizens by blood (por sanguinidad), as opposed to by birth or by naturalization. In such cases, acquiring Salvadorean citizenship is not a process of application, review and approval, but rather a matter of registration, since they are considered Salvadoreans from birth. To be registered as Salvadorean citizens, children of a Salvadorean parent need only to prove that one of their parents is a Salvadorean, which is easier when their birth was recorded at a Salvadorean consulate or embassy.

For foreigners, Salvadorean naturalization is neither automatic nor guaranteed. A Central American who does not have a Salvadorean parent is entitled to enter El Salvador without a visa. Once inside El Salvador, he or she can request temporary residence and naturalization; naturalization can be requested later, but one can apply for naturalization at the same time temporary residence is requested, because the application for citizenship takes between one and three years to be processed (for other foreigners it takes between three and five years), and the person must first become a permanent resident. Central Americans can obtain permanent residence after one year of temporary residence. To apply for naturalization, a Central American must submit in person, before the Juridical Department of the Ministry of the Interior at the Government Centre of San Salvador, the following: a birth certificate, a police record from his or her original birthplace or previous place of residence, a current work certificate if he or she is working in El Salvador, a completed application form, reference or recommendation letters from two Salvadorean persons or families, two photographs, and payment of a fee. It is recommended that applicants present all documents at the moment of application, to ensure a more expedited processing of the request.

The information that follows was provided during a 13 May 1999 telephone interview by the Director of Juridical Matters and Treaties of the Foreign Affairs Ministry of Guatemala, the department that handles naturalization requests in Guatemala.

Based on an article of the Constitution of Guatemala, a Central American residing in Guatemala has the right to request Guatemalan citizenship. However, in no case is the granting automatic or guaranteed; a request has to be assessed first and decided upon by the Ministry of Foreign Affairs. The applicant must: present before the Ministry a request for naturalization; be registered as a foreign legal resident of Guatemala (there is no minimum period of residency required before an application can be submitted); present a certificate of nationality or citizenship from his country of origin, to prove that he or she is a Central American citizen; show proof of means of support (employment certificate, bank record or proof of property or assets, for example); prove a lack of criminal record (present a certificate of lack of penal record or certificado de carencia de antecedentes penales, and a certificate of lack of police record or certificado de carencia de antecedentes policiales).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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

Dirección de Asuntos Jurídicos y Tratados del Ministerio de Relaciones Exteriores, Guatemala City. 13 May 1999. Telephone interview with director.

Embassy of El Salvador, Ottawa. 11 May 1999. Telephone interview with consular official.