Paraguay: Whether a person born in Syria in the early 1960s, who resided in Paraguay from 1987 to 1995 and held "visitor/permanent residence, citizen status," could lose his or her citizenship or continue to be a citizen of Paraguay after residing abroad for more than three years
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 24 January 2003 |
| Citation / Document Symbol | PRY40959.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Paraguay: Whether a person born in Syria in the early 1960s, who resided in Paraguay from 1987 to 1995 and held "visitor/permanent residence, citizen status," could lose his or her citizenship or continue to be a citizen of Paraguay after residing abroad for more than three years, 24 January 2003, PRY40959.E, available at: https://www.refworld.org/docid/3f7d4dfd38.html [accessed 4 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. |
For information on the grounds for loss of Paraguayan nationality, please refer to PRY33025.E of 2 November 1999 and its attachment (Chapter III of the Constitution of Paraguay, on Nationality and Citizenship).
Law No. 978/96 on Migration (Ley de Migraciones) contains references to tourist status, temporary residence and permanent residence, all as separate categories (Paraguay 1996). No references to a category or status that combines two or more of these statuses could be found in the law or other documents consulted by the Research Directorate.
Further to PRY33025.E, consular staff at the Embassy of Paraguay in Ottawa provided, during 22 January 2003 telephone interviews, the information that follows:
Paraguayan nationality is granted to foreigners (naturalized Paraguayans) through a sentence of the Supreme Court of Justice, and such sentence is the proof of a naturalized person's Paraguayan nationality. That sentence is what allows a naturalized Paraguayan to apply for, and obtain, Paraguayan national documents such as a national identity card and a Paraguayan passport. These national documents have an expiration date, and have to be renewed in order to retain their validity and allow, for example, travel into and out of Paraguay.
Loss of Paraguayan nationality is not automatic, even for a naturalized Paraguayan who has been outside of Paraguay for more than three years without ever returning. As per the pertinent constitutional provision, loss of Paraguayan nationality requires a judicial sentence specific to the case and issued to that effect; this must originate from a motion or recommendation of the National Directorate of Migration (Direccion Nacional de Migraciones, DNM).
However, in practice the DNM does not always renew the documents that indicate Paraguayan nationality; if these documents have expired and DNM authorities notice that a naturalized citizen has been outside the country for an extended period (well over three years), DNM authorities may consider the person as having lost Paraguayan nationality. In such cases, the person may have to obtain a visa to re-enter Paraguay and settle his or her legal status with immigration authorities in Paraguay.
It is rare for Paraguayans to remain outside Paraguay for many years without renewing their passports on time and without obtaining the other country's nationality or citizenship. In such rare cases, it would be up to the DNM to determine whether a person's national documents can be renewed or not. Each case can present specific circumstances that would make it different from others. For example, if the person has no other valid travel documents, a Paraguayan consulate or embassy could issue a laissez-passer (salvoconducto), which would be valid for a limited time, to allow re-entry into Paraguay. However, the diplomatic mission would have to receive the individual details of the case, and the issuing of such a document would have to be consulted with, and approved by, immigration authorities in Paraguay.
Paraguay does not have a migratory category that combines visitor, resident and citizen status. There is no "visitor" (visitante) category as such: tourist, for example, is a category that allows for a temporary visit, while resident refers to those who live in Paraguay. There are two resident categories: temporary and permanent. Citizens (naturalized or other) are not issued any residence status, since they are implicitly entitled to permanent residence in Paraguay.
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
Paraguay. 22 Janaury 2003. Embassy of Paraguay, Ottawa. Telephone interviews with consular staff.
_____. 1996. Ley No. 978/96 de Migraciones.
