Uruguay: Information on whether non-Uruguayan spouses of citizens of Uruguay have the right to reside in Uruguay and/or the right to Uruguayan citizenship
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1995 |
| Citation / Document Symbol | URY20622.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Uruguay: Information on whether non-Uruguayan spouses of citizens of Uruguay have the right to reside in Uruguay and/or the right to Uruguayan citizenship, 1 May 1995, URY20622.E, available at: https://www.refworld.org/docid/3ae6ab043c.html [accessed 22 May 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. |
The DIRB has received a letter, in Spanish, from the First Secretary and Consul at the Embassy of the Republic of Uruguay in Ottawa, stating that the non-Uruguayan spouse of a citizen of Uruguay has both the right to reside in Uruguay and the right to obtain Uruguayan citizenship (1 May 1995).
What follows is an unofficial DIRB translation, provided for your reference, of Article 75 of Section III of Uruguay's Constitution, which defines three categories of persons who have the right to Uruguayan citizenship, and Article 80, which outlines exceptions to the receipt of Uruguayan citizenship.
Please note that the terms used in this unofficial translation do not necessarily correspond to Canadian legal terms.
According to Article 75, Uruguayan citizenship can be given to: A) foreign men and women of good conduct, with family present in Uruguay who own capital or property in the country, or who practise a science, art or craft in the country and have completed three years of customary residency in the Republic; B) foreign men and women, without established family in Uruguay, who fulfil the conditions mentioned in paragraph A and have completed five years of customary residency in the country; C) foreign men and women who have obtained a special grace from the
General Assembly for noteworthy services or outstanding merit.
Article 75 specifies that the rights inherent in Uruguayan citizenship cannot be exercised by foreigners mentioned in paragraphs A and B for a period of three years immediately after granting of a citizenship card.
The granting of the citizenship card can be hindered or denied under the provisions listed in Article 80. A Spanish copy of this article was provided to the DIRB by the First Secretary and Consul of the Embassy of Uruguay on 9 May 1995.
These provisions are unofficially translated as follows by the DIRB for your reference: 1) Physical or mental handicap which impedes one from working freely and consciously; 2) Being in the process of legal prosecution and liable to a prison term under that prosecution; 3) Being younger than 18 years of age; 4) having received a judicial sentence that carries exile, prison or penitentiary terms or disqualifies one from exercising one's political rights during the period of the sentence; 5) The habitual practice of immoral activities; 6) Membership in social or political organization(s) that advocate, incite or practice violence "to destroy the fundamental bases of the nationality" (destruir las bases fundamentales de la nacionalidad); 7) Lack of good conduct as stated in Article 75.
Please find attached a copy, in Spanish, of the letters and relevant chapters of the Uruguayan Constitution sent by the Consul of the Republic of Uruguay in Ottawa on 1 May 1995 and 3 May 1995; the letter dated 3 May 1995 was actually received at the DIRB on 9 May 1995.
Information on the procedures for obtaining Uruguayan citizenship could not be found among the sources consulted by the DIRB.
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 Uruguay, Ottawa. 1 May 1995. Letter from the First Secretary and Consul.
Embassy of the Republic of Uruguay, Ottawa. 3 May 1995. Letter from the First Secretary and Consul.
Attachments
Embassy of the Republic of Uruguay, Ottawa. 1 May 1995. Letter from the First Secretary and Consul.
Embassy of the Republic of Uruguay, Ottawa. 3 May 1995. Letter from the First Secretary and Consul.
Sources Consulted
Critique: Review of the Department of State's Country Reports on Human Rights Practices. Yearly. New York: Lawyers Committee for Human Rights.
Discrimination Against Women. 1989. London: McFarland.
Immigration and Nationality: Law and Practice [London]. Quarterly. Tolley Publishing Company.
Making Women Matter. 1990. London: Zed Books.
Women and Men in Society. 1986. Belmont: Wadsworth.
Women's Movements in the World. 1990. London: Longman.
Women-Nation-State. 1989. London: McMillan.
The World's Women. Yearly. New York: United Nations.
