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{{short description|Law of a sovereign state}}
{{more citations needed<!-- some sections are completely unsupported -->|date=April 2019}}
{{Legal status of persons}}
'''Nationality law''' is the [[law]] of a [[sovereign state]], and of each of its [[jurisdiction]]s, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire [[nationality]] and formal membership in a nation are separated from the relationship between a national and the nation, known as [[citizenship]].<ref>{{cite book |last=Boll |first=Alfred Michael |title=Multiple Nationality And International Law |url=https://books.google.com/books?id=Mr6Y45439A0C&pg=PA67 |date=2007 |publisher=[[Martinus Nijhoff Publishers]] |location=Leiden |isbn=978-90-04-14838-3}}</ref>{{Rp|66–67}}<ref>{{cite journal |last1=Honohan |first1=Iseult |last2=Rougier |first2=Nathalie |title=Global Birthright Citizenship Laws: How Inclusive? |journal=Netherlands International Law Review |date=October 2018 |volume=65 |issue=3 |pages=337–357 |doi=10.1007/s40802-018-0115-8 |url=https://www.researchgate.net/publication/329367793 |access-date=16 March 2021 |publisher=[[Springer Science+Business Media]], [[T.M.C. Asser Press]] |location=The Hague, Netherlands |s2cid=149761560 |issn=1741-6191 |oclc=1189243655}}</ref>{{Rp|338}}<ref>{{cite journal |last1=Guerry |first1=Linda |last2=Rundell |first2=Ethan |title=Married Women's Nationality in the International Context (1918–1935) |journal=Clio |date=2016 |volume=43 |issue=1: Gender and the Citizen |pages=73–94 |url=https://www.jstor.org/stable/26242543 |access-date=December 19, 2020 |publisher=Éditions Belin |location=Paris |jstor=26242543 |issn=2554-3822 |oclc=7788119453}}</ref>{{Rp|73}} Some nations domestically use the terms interchangeably,<ref>{{cite conference |last1=Stevens |first1=Doris |author-link1=Doris Stevens |title=Report on the Nationality of Women |url=https://d3crmev290s45i.cloudfront.net/dorp/apdf/0/5bc5/db81/1003437960.a.pdf?e=1608394874&h=57f31c27d478be7dc2c4c840b938dbeb |date=November 28, 1933 |publisher=[[Inter-American Commission of Women]] |location=Washington, D.C. |conference=7th Conference of American Republics, Montevideo, December 1933 |via=[[Alexander Street Press|Alexander Street Press: Women and Social Movements]]}}</ref>{{Rp|61, Part II}}<ref>{{cite web |last1=Sawyer |first1=Caroline |last2=Wray |first2=Helena |title=Report on Citizenship Law: United Kingdom |url=https://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf |publisher=[[European University Institute]] |access-date=16 March 2021 |archive-url=https://web.archive.org/web/20190528081501/https://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf |archive-date=28 May 2019 |location=[[Badia Fiesolana]] |date=December 2014 |url-status=live}}</ref>{{Rp|1–2}} though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people.<ref name="ir.lawnet.fordham.edu">{{cite journal |last1=Villazor |first1=Rose Cuison |title=American Nationals and Interstitial Citizenship |journal=[[Fordham Law Review]] |date=March 2017 |volume=85 |issue=4 |pages=1673–1724 |url=https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5304&context=flr |access-date=March 9, 2021 |publisher=[[Fordham University School of Law]] |location=New York, New York |archive-url=https://web.archive.org/web/20200322121109/https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=5304&context=flr |archive-date=March 22, 2020 |issn=0015-704X |oclc=8090930759 |url-status=live}}</ref>{{Rp|1707–1708}} In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship.<ref>{{cite book |last1=Fransman |first1=Laurie |title=Fransman's British Nationality Law |date=2011 |publisher=[[Bloomsbury Professional]] |location=Haywards Heath, West Sussex |isbn=978-1-84592-095-1 |edition=3rd}}</ref>{{Rp|4}} A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or [[Alien (law)|alien]]. A person who has no recognised nationality to any jurisdiction is regarded as [[Statelessness|stateless]].
==Principles==
Nationality law can be broadly
# ''[[jus soli]]'', or right by birth on the soil # ''[[jus sanguinis]]'', or right of the blood # ''[[jus Laws may be based on any one of these principles, but they commonly ===Jus soli===
{{Main|Jus soli}}
''Jus soli'' is the principle, whereby birth on a country's territorial
''Jus soli'' laws
There is also an intersection between the principles,
===Jus sanguinis===
{{Main|Jus sanguinis}}
''Jus sanguinis'' is the principle whereby
===Jus
Some states automatically confer nationality on the basis of marriage. A prominent example of a country with ''jus matrimonii'' laws is [[Cape Verde]].
The common practice within and among states at the beginning of the 20th century was that a woman should have the nationality of her husband; i.e., upon marrying a foreigner, the wife would automatically acquire the nationality of her husband and lose her previous nationality, often with the reciprocal recognition by the other country. Legal provisions existed that automatically [[Naturalization|naturalised]] married women, and sometimes married men as well. This led to a number of problems, such as: loss of the spouses' original nationality; spouses losing the right to [[consular assistance]], as such cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals; and men becoming subject to military service obligations.
There has been a shift towards a principle that neither marriage nor dissolution of marriage automatically affecting the nationality of either spouse, nor of a change of nationality by one spouse during marriage automatically affecting the nationality of their spouse. However, in many jurisdictions spouses can still obtain special and fast processing of applications for naturalisation.
=== Jus officii ===
{{main|Vatican City#Citizenship}}
Uniquely, citizenship of the [[Vatican City]] is ''jus officii'', namely on the grounds of appointment to work in a certain capacity in the service of the Holy See. It usually ceases upon cessation of the appointment. Citizenship is also extended to the spouse and children of a citizen, provided they are living together in the city.<ref name=citizenship>{{cite web |url=https://www.vaticanstate.va/phocadownload/leggi-decreti/Leggesullacittadinanzalaresidenzaelaccesso.pdf |title=Law on citizenship, residence and access |publisher=Vatican City State |date=22 February 2011 |access-date=31 July 2022 |language=it}}</ref> Anyone who loses Vatican citizenship and does not possess other citizenship automatically becomes an [[Italian citizenship|Italian citizen]] as provided in the [[Lateran Treaty]].
=== Naturalization ===
{{Main|Naturalization}}
Most states today allow for aliens to acquire a nationality via a process known as naturalization on the basis of long-term residence and other conditions. This process and the conditions it entails are detailed in the states' nationality laws. Some nationality laws have special provisions to make it easier for [[diaspora]] populations to become nationals.
==Limits to nationality law==
By [[Customary international law|international custom]], each [[sovereign state]] generally has the right to freely determine who it will recognise as its nationals and citizens.<ref name="Elgar">[[Gerard-René de Groot|de Groot, Gerard-René]]. 2006. "Nationality Law." Pp. 476–92 in ''Elgar Encyclopedia of Comparative Law'', edited by J. Smiths. p. 479. [[Edward Elgar Publishing]].</ref> Such determinations may be made by custom, [[statutory law]], [[case law]] (precedent), or a combination of either. In some cases, the determination may be governed by [[public international law]]—e.g., by [[Treaty|treaties]] and the [[European Convention on Nationality]].
Nevertheless, states' rights to determine who their nationals are is not absolute, and states must comply with their human rights obligations concerning the granting and loss of nationality. In particular, nationals must not be arbitrarily deprived of their nationality.<ref>"[http://www.ohchr.org/EN/Issues/Pages/Nationality.aspx Right to a Nationality and Statelessness]." ''OHCHR.org''. [[Office of the United Nations High Commissioner for Human Rights]].</ref> The right to a nationality and the prohibition against depriving one's nationality is codified in article 15 of the "[[The Universal Declaration of Human Rights|Universal Declaration of Human Rights]]".
Article 1 of the "[[Convention on Certain Questions Relating to the Conflict of Nationality Laws]]" states:<ref>"[https://web.archive.org/web/20141226230108/http://eudo-citizenship.eu/InternationalDB/docs/Convention%20on%20certain%20questions%20relating%20to%20the%20conflict%20of%20nationality%20laws%20FULL%20TEXT.pdf Convention on Certain Questions Relating to the Conflict of Nationality Laws]." [[League of Nations]]. 1930. Archived from the [http://eudo-citizenship.eu/InternationalDB/docs/Convention%20on%20certain%20questions%20relating%20to%20the%20conflict%20of%20nationality%20laws%20FULL%20TEXT.pdf original] on 26 December 2014.</ref>
:It is for each State to determine under its own law who are its nationals. This law shall be recognised by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognised with regard to nationality.
The "[[Inter-American Court of Human Rights]]" went further in limiting state's right to determine nationality:<ref>"Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica." ''Advisory Opinion'' OC 4/84. [[Inter-American Court of Human Rights]]. 19 January 1984. § 3, para. 32, p. 9.</ref>
: [T]he manners in which States regulate matters bearing on nationality cannot today be deemed within their sole jurisdiction; [the powers enjoyed by the States in that area] are also circumscribed by their obligations to ensure the full protection of human rights.
==Ethnic group-related provisions, by country==
=== Armenia ===
{{Main|Armenian nationality law}}
Article 14 of the [[Constitution of Armenia]] (1995) provides that "individuals of Armenian origin shall acquire nationality of the Republic of Armenia through a simplified procedure."<ref>{{cite web|url=http://www.servat.unibe.ch/icl/am00000_.html|title=ICL - Armenia - Constitution|access-date=7 February 2015}}</ref> This provision is consistent with the ''[[Declaration on Independence of Armenia]]'', issued by the [[Supreme Soviet of Armenia]] in 1989, which declared, in article 4, that "Armenians living abroad are entitled to the citizenship of the Republic of Armenia."
=== Bulgaria ===
{{Main|Bulgarian nationality law}}
According to the [[Constitution of Bulgaria]], Article 25(2): "A person of [[Bulgaria]]n origin shall acquire Bulgarian nationality through a facilitated procedure."<ref>{{cite web|url=http://www.servat.unibe.ch/icl/bu00000_.html|title=ICL - Bulgaria - Constitution|access-date=7 February 2015}}</ref>
Chapter Two of the ''Bulgarian Citizenship Act'' is entitled "Acquisition of Bulgarian Citizenship", the first section of which is entitled "Acquisition of Bulgarian Citizenship by Origin", and provides at article 9 that "[a]ny person...whose descent from a Bulgarian citizen has been established by way of a court ruling shall be a Bulgarian citizen by origin." Separately, article 15 of the ''Act'' provides that "[a]ny person who is not a Bulgarian citizen may acquire Bulgarian citizenship...if he/she...is of a Bulgarian origin."
=== China ===
{{Main|Nationality Law of the People's Republic of China}}
The immigration law of China gives priority to returning [[Overseas Chinese]] (i.e., [[Chinese people|ethnic Chinese]] who were living abroad), and as such, practically all immigrants to China are ethnic Chinese, including many whose families lived outside of China for generations. The Chinese government encourages the return of Overseas Chinese with various incentives not available to others, such as "tax breaks, high salaries and exemptions from the [[one-child policy]] if they had two children while living abroad."<ref>"[https://web.archive.org/web/20060828113344/http://migrationint.com.au/news/antarctica/jun_2001-14mn.asp China: Overseas, Rural, Taiwan | Immigration Laws #14]." ''Australia Immigration Visa Services''. June 2001. Archived from the [http://www.migrationint.com.au/news/antarctica/jun_2001-14mn.asp original] on 28 August 2006.</ref> The "rights and interests of returned overseas Chinese" are afforded special protection according to Articles 50 and 89(12) of the [[Chinese Constitution]].<ref>{{cite web|url=http://english.people.com.cn/constitution/constitution.html|title=CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA|access-date=7 February 2015}}</ref>
==== Hong Kong ====
{{Main|Right of abode in Hong Kong}}
In April 2015, the Hong Kong Government announced a pilot scheme named "Admission Scheme for the Second Generation of Chinese Hong Kong Permanent Residents" (ASSG).<ref>Government of Hong Kong. 28 April 2015. "[https://www.info.gov.hk/gia/general/201504/28/P201504280699.htm Immigration Department to implement pilot Admission Scheme for 2nd Generation of Chinese HK Permanent Residents & enhancements to talent admission arrangements]" (press release).</ref>
====
{{Main|Taiwanese nationality law}}
The immigration law of [[Taiwan]] (officially the Republic of China) gives priority to returning Taiwanese and [[overseas Chinese]] who are not nationals of the People's Republic of China, Chinese who were living abroad, and encourages their return. However, although [[Republic of China]] have not ceded the claim on mainland China, the government does not consider the people in mainland China, Hong Kong and Macau as Republic of China nationals.<ref>[大陸地區高等學校學歷如經採認,仍須具備中華民國國民身分,始能報考國家考試 http://www.exam.gov.tw/cp.asp?xItem=5579&ctNode=410&mp=2] - specifically "大陸地區人民因未具中華民國國民身分,亦無法以外國人身分報考"</ref>
Overseas ethnic Chinese can register as Republic of China national and apply for a [[Republic of China passport]], however, they do not automatically have a right of return to Taiwan area if they don't have a household registration there.
Not all Republic of China nationals have a right of return to Taiwan area even if they hold a [[Republic of China passport]]—specifically, [[National without household registration|those without a household registration in Taiwan area]] do not automatically have the right of return, may be refused entry, removed or deported from Taiwan area, and an entry permit is needed before 2011.
=== Czech Republic ===
The [[Czech Republic]] grants
In 1995, the Czech Republic amended its [[Czech nationality law|
=== Finland ===
The ''Finnish Aliens Act'' provides for persons who are of Finnish origin to receive permanent residence. It is usually [[Ingrian Finns]] from the former Soviet Union who exercise this right, though American, Canadian, and Swedish nationals with Finnish ancestry are eligible.
The [[Finnish Immigration Service]] states that, under certain conditions, persons with "Finnish roots" or an otherwise "close connection to Finland" may receive a residence permit in Finland without the requirement of any further grounds (e.g., work or studies). Receiving a residence permit depends on the directness and closeness of Finnish ancestry. If the ancestry dates back several generations, a residence permit cannot be granted on this basis.<ref>"[https://migri.fi/en/remigration Remigration]." ''Finnish Immigration Service''. Maahanmuuttovirasto. 2020.</ref>
According to the Immigration Service, people who may be granted a residence permit based on these conditions can be divided into the following three groups:
* former [[Finnish nationality law|Finnish nationals]]
* persons of other [[Ethnic Finns|Finnish origin]], including those who have at least one parent or grandparent who has been a native Finnish national.
* persons who either were evacuated from [[Ingria]] or served in the Finnish army in 1939–1945. This group includes persons from areas of the former [[Soviet Union]] who have been determined to be of Finnish nationality by Soviet or post-Soviet authorities; or who have at least one parent or two grandparents who have been determined to be of Finnish nationality in official documents (e.g., in their [[internal passport]]s). This group also includes all persons who were transferred to Finland between 1943 and 1943 from areas occupied by Germany and were subsequently returned to Soviet Union; or who served in the Finnish Defence Forces during the [[Second World War]] qualify. To qualify for permanent residence permit, the persons in this group must have a basic knowledge of spoken and written Finnish or Swedish. The knowledge is tested in pre-immigration training and in a subsequent language test. In addition, they must have a pre-arranged permanent residence in Finland, but the labour authorities assist in finding an apartment.
=== Greece ===
Various phenomena throughout Greek history (e.g., the extensive colonization by classical Greek city states
Recognizing this situation, Greece grants
"Foreign persons of Greek origin
=== India ===
{{main|Indian nationality law}}A [[Non-resident Indian and person of Indian origin|Person of Indian Origin]] (PIO) is a person living outside of India and without Indian
The ''[[Citizenship (Amendment) Act, 2003|Citizenship (Amendment) Act 2003]]''<ref>[http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.pdf Citizenship (Amendment) Act 2003] {{webarchive|url=https://web.archive.org/web/20060425230738/http://rajyasabha.nic.in/legislative/amendbills/XXXIX_2003.pdf |date=2006-04-25 }}</ref> and ''Citizenship (Amendment) Ordinance 2005''<ref>[http://www.manupatra.com/downloads/2005-data/Citizenship%20Amendment%20Ordinance%202005/Citizenship%20Amendment%20Ordinance%202005.htm Citizenship (Amendment) Ordinance 2005] {{webarchive|url=https://web.archive.org/web/20110514150614/http://www.manupatra.com/downloads/2005-data/Citizenship%20Amendment%20Ordinance%202005/Citizenship%20Amendment%20Ordinance%202005.htm |date=2011-05-14 }}</ref> make provision for an even newer form of Indian nationality, the holders of which are to be known as [[Overseas Citizenship of India|Overseas Citizens of India]] (OCI). Overseas
=== Ireland ===
{{main|Irish nationality law}}
Irish nationality law provides for acquisition on the basis of at least one Irish grandparent. Note that, for the purposes of Irish nationality law, a person born anywhere on the [[Ireland|island of Ireland]] is considered "Irish." (The island includes [[Northern Ireland]], which is part of the [[United Kingdom]], where [[British nationality law]] applies; thus, people born in Northern Ireland are entitled to both British and Irish nationality.)
The entitlement to nationality of all people born on Ireland and its islands was stipulated by the 1922 [[Constitution of the Irish Free State]] and the 1937 [[Constitution of Ireland]], and reinforced by the 1998 [[Belfast Agreement]]. A person born outside of Ireland with entitlement to Irish nationality through a grandparent born in Ireland may pass that right on to her or his own children. To do so, however, that person must register her or his birth in Ireland's Foreign Births Register prior to the children's births. Irish law also automatically grants nationality at birth to any individual born abroad to a parent who was born in Ireland, without the need to register with the DFA prior to the granting of citizen's rights like holding an Irish passport.
Separately from this right, the [[Minister for Justice (Ireland)|Irish minister responsible for immigration]] may dispense with conditions of naturalisation to grant nationality to an applicant who "is of Irish descent or Irish associations," under section 15 of the ''Irish Nationality and Citizenship Act, 1986''. With rare exceptions the applicant must be resident in the island of Ireland before applying for naturalisation.
=== Israel ===
{{main|Law of Return}}
The
=== Japan ===
{{Main|Japanese nationality law}}
A special visa category exists exclusively for foreign descendants of Japanese emigrates (''[[nikkeijin]]'') up to the third generation, which provides for long-term residence, unrestricted by occupation, but most ''nikkeijin'' cannot automatically acquire Japanese nationality, and must instead go through the process of [[Japanese nationality law#Naturalization|naturalization]]. However, the Minister of Justice can waive the age and residence requirements if an applicant for naturalization has a special relationship to Japan, such as a Japanese parent.
=== Norway ===
The [[Kola Norwegians]] were [[Norwegians]] who settled along the coastline of the [[Russia]]n [[Kola Peninsula]] from approximately 1850 to the closure of the border in the 1920s. It is estimated that around 1000 Norwegians lived on the Kola peninsula in 1917. The Kola Norwegians were deported to or put in camps in other parts of Russia during the course of [[World War II]].
It was only after 1990 that many of the Kola Norwegians again dared to emphasize their background. Only a few had been able to maintain a rusty knowledge of Norwegian. Some of them have migrated back to Norway. There are special provisions in the Norwegian rules of immigration and
=== Philippines ===
''[[Republic Act]] No. 9225'', approved 29 August 2003, provided that all Philippine
| url = http://www.chanrobles.com/republicactno9225.html
| title = Citizenship Retention and Re-acquisition Act of 2003
| date = 29 August 2003
| publisher = Chan Robles Law Library
|
=== Russia ===
{{Main|Russian citizenship law}}
Russia offers citizenship to individuals descended from Russian ancestors who can demonstrate an affinity for Russian culture and, preferably, speak Russian. Concern about Russia's shrinking population prompted the program. This has had a positive effect because this has not only reversed Russia's population decline but has also increased the birth rate. Officials estimate that 25 million members of the [[Russian diaspora]] are eligible for nationality. The Foreign Ministry has sent emissaries to countries around the world to urge the descendants of Russian emigrants to return home.<ref>Levy, Clifford J. 21 March 2009. "[https://www.nytimes.com/2009/03/22/world/europe/22believers.html?_r=1&hp A Sturdier Russia Beckons Its Children Home]." ''New York Times''.</ref> The majority of these emigrants have returned from Ukraine, many of them young men looking for better education and job opportunities. The [[Crimean War (2014)|Crimean War]] in 2014 triggered a mass exodus of ethnic Russians living in Crimea.
=== Spain ===
There are three categories of Spanish
# ''de origen'' ('original
# ''por residencia'' ('by residence')
# ''por opción'' ('by choice')
'''''De origen''''' is
The third category, '''''por opción''''' ('by choice'), is given to some people of Spanish origins that, though not complying with the requisites to attain
In practice this renunciation has little practical effect, and in some cases no effect, as only renunciations made to one's own country's officials has an effect on the linked nationality. The [[Historical Memory Law]] ({{Langx|es|Ley de Memoria Histórica}}) which took effect in December 2008, introduced temporary two-year changes to current Spanish nationality laws. Those whose father or mother were born original Spaniards (regardless of their place of birth, whether they are still living, or whether they currently hold Spanish nationality) and those whose grandparents emigrated due to political or economic reasons will have the right to ''de origen'' Spanish nationality. Until and while the Law of Historic Memory takes effect, the following laws will also apply:
# Natural-born Spanish emigrants (mainly [[exiles]] from the [[Spanish Civil War]] and economic migrants) and their children are eligible to ''recover'' their ''de origen'' Spanish nationality without the requirement of residence in Spain. They also have the right to maintain any current nationality they possess.
# Regardless of their place of birth, the adult children and grandchildren of original Spaniards (original Spaniards are those who, at the moment of their birth, were born to people who possessed Spanish citizenship) can also access Spanish nationality on softer terms than other foreigners: they require just 1 year of legal residence, and they are exempted from work restrictions. This law in practice also benefits the great-grandchildren of emigrant Spaniards as long as their grandparents (born outside of Spain) are/were original Spaniards.
# [[Ibero-America]]ns and nationals of other countries historically related to Spain (Portugal, Andorra, Philippines, and Equatorial Guinea) also have a Right of Return: They can apply to Spanish nationality after 2 years of legal residence (the usual time is 10 years for most foreigners) and they have the right to keep their birth nationality.<ref name="CodigoCivil2002">[[Spanish Civil Code]] of 2002, [http://civil.udg.es/NORMACIVIL/estatal/CC/1T1.htm#BM22 article 22] {{webarchive|url=https://web.archive.org/web/20070122084515/http://civil.udg.es/normacivil/estatal/CC/1T1.htm |date=2007-01-22 }}.</ref>
# Those of [[Sephardic Jew]]ish origin also have the right to apply for nationality after a year of legal residency in Spain. Since the rediscovery of [[Sephardi]] Jews during the [[Spanish-Moroccan War (1859)|campaigns]] of General [[Juan Prim]] in Northern Africa, the Spanish government has taken friendly measures towards the descendants of the Jews expelled from Spain in 1492 under the [[Alhambra Decree]] and persecuted by the [[Spanish Inquisition]]. The motivation for these measures was a desire to repair a perceived injustice, the need of a collaborative base of natives in [[Spanish Morocco]], and an attempt to attract the sympathy of wealthy European Sephardis like the [[Pereira (surname)|Pereiras]] of France. The [[Alhambra Decree]] was revoked.
In November 2012, the Spanish government announced that it would eliminate the residency period for Sephardic Jews, and permit them to maintain dual nationality, on the condition that such naturalization applicants presented a certificate of their Sephardic status from the Federation of Jewish Communities in Spain.<ref>{{cite web|url=http://es.noticias.yahoo.com/espa%C3%B1a-conceder%C3%A1-nacionalidad-sefard%C3%ADes-independencia-residencia-150009830.html|title=España concederá la nacionalidad a todos los sefardíes con independencia de su lugar de residencia|access-date=15 July 2016}}</ref>
Spanish diplomacy exercised protection over Sephardis of the [[Ottoman Empire]] and the independent Balkanic states succeeding it. The government of [[Miguel Primo de Rivera]] decreed in 1924 that every Sephardi could claim Spanish nationality. This right was used by some refugees during the Second World War, including the [[History of the Jews in Hungary|Hungarian Jews]] saved by [[Ángel Sanz Briz]] and [[Giorgio Perlasca]]. This decree was again put to use to receive some Jews from [[Sarajevo]] during the [[Bosnian War]].
In October 2006, the [[Andalusia]]n [[Parliament]] asked the three parliamentary groups that form the majority to support an amendment that would ease the way for [[Morisco#Descendants and Spanish citizenship|Morisco descendants to gain Spanish nationality]]. The proposal was originally made by IULV-CA, the Andalusian branch of the [[United Left (Spain)|United Left]].<ref>[http://noticias.ya.com/local/andalucia/07/10/2006/mesa-propuesta-iu.html ''Propuesta de IU sobre derecho preferente de moriscos a la nacionalidad''] {{webarchive|url=https://web.archive.org/web/20081211014807/http://noticias.ya.com/local/andalucia/07/10/2006/mesa-propuesta-iu.html |date=2008-12-11 }} {{in lang|es}}</ref> Such a measure might have benefited an indeterminate number of people, particularly in [[Morocco]].<ref>[http://www.diariolatorre.es/index.php?id=39&tx_ttnews%5Btt_news%5D=1449&tx_ttnews%5BbackPid%5D=9&cHash=f43f09aa5a ''Piden la nacionalidad española para los descendientes de moriscos''] {{webarchive|url=https://web.archive.org/web/20090518143358/http://www.diariolatorre.es/index.php?id=39&tx_ttnews%5Btt_news%5D=1449&tx_ttnews%5BbackPid%5D=9&cHash=f43f09aa5a |date=2009-05-18 }} {{in lang|es}}</ref> However, the call went unheeded by the central Spanish authorities.
=== Ukraine ===
{{Main|Ukrainian citizenship}}
According to [[Ukraine|Ukrainian]] law, anyone who was a citizen of the [[Ukrainian Soviet Socialist Republic]] who was residing in Ukraine at the time of its declaration of independence and any stateless person living on the territory of Ukraine at the moment of its declaration of independence was granted nationality. Anyone born abroad to at least one parent with Ukrainian nationality, including permanent residents of Ukraine, is entitled to Ukrainian nationality. Children born within the territory of Ukraine to at least one Ukrainian parent, stateless persons with at least one Ukrainian grandparent, and children adopted by Ukrainian citizens are also eligible to become nationals.
=== United Kingdom ===
The ''[[British Nationality Act 1948]]'' conferred full and equal nationality and settlement rights in Britain on all 800 million subjects of the worldwide British Empire.<ref>[[Christian Joppke|Joppke, Christian]], ''Immigration and the Nation-State; The United States, Germany and Great Britain,'' Oxford, Oxford University Press, 1999, p.101</ref> The ''[[Commonwealth Immigrants Act 1968]]'', amending legislation passed in 1962, removed the right of entry from 200,000 south Asians long resident in British East Africa who had become the victims of the Africanization drive in newly independent [[Kenya]] and wished to move to Britain.<ref name="Joppke, Christian 1999, p.109">Joppke, Christian, ''Immigration and the Nation-State; The United States, Germany and Great Britain,'' Oxford, Oxford University Press, 1999, p.109</ref> The act required "substantial connection" to Britain, defined as:
{{Ordered list|birth or the birth of a parent or grandparent in the United Kingdom;|a parent or grandparent who was Naturalised in the United Kingdom;|a parent or grandparent who became a national of the United Kingdom or its colonies by adoption;|had acquired British Nationality under legislation passed in 1948 or 1964.|type=lower-alpha}}
Further provisions extended rights to stepchildren. The wording of this legislation refers to 'Citizenship', 'Naturalisation' and 'Residence', and at no point refers to any specific ethnicity or ethnic group.<ref name="Joppke, Christian 1999, p.109" /><ref>Commonwealth Immigrants Act 1968 http://www.britishcitizen.info/CIA1968.pdf</ref> Announcing his support for right of return legislation in Britain, Member of Parliament [[Quintin Hogg, Baron Hailsham of St Marylebone|Quintin Hogg]] stated that, "All the great nations of the earth have what the Jews call a Diaspora," and affirmed that nations "special and residual obligation(s) toward them," which include recognizing their right to nationality.<ref name="Joppke, Christian 1999, p.110">Joppke, Christian, ''Immigration and the Nation-State; The United States, Germany and Great Britain,'' Oxford, Oxford University Press, 1999, p.110</ref>
The ''[[Immigration Act 1971]]'' affirmed the principles of the 1968 legislation, giving the right of immigration to the grandchildren of British nationals and nationals born in the Commonwealth nations.<ref name="Joppke, Christian 1999, p.110" /> It was in effect long enough to enable the descendants of ethnic Britons to return to Britain from the former colonies.<ref name="Joppke, Christian 1999, p.110" />
The ''[[British Nationality Act 1981]]'' differentiated between British nationality, [[British Overseas citizenship|British Overseas Citizenship]], and [[British Overseas Territories citizen|British Dependent Territory Citizenship]], recognizing the right of settlement only for British nationals.<ref name="Joppke, Christian 1999, p.110" /> It is notable that it was enacted after the contraction of the Empire was completed, and was offered to all substantial populations of descendants of ethnic Britons in the former colonies.<ref name="Joppke, Christian 1999, p.110" />
=== United States ===
The ''[[Immigration and Nationality Act of 1965]]'', the latest of a series of such Acts, establishes nationality law of the United States. This is codified in [[Title 8 of the United States Code#Chapter 12|Chapter 12]] of [[Title 8 of the United States Code|Title 8 of the U.S. Code]], in which section 101(a)(22) states that the term "national of the United States" means:<ref>{{cite web|title=U.S. Citizenship Laws and Policy : Dual Nationality|url=https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html|access-date=February 20, 2020|website=travel.state.gov}}</ref>
{{Ordered list|"a citizen of the United States;" or|"a person who, though not a citizen of the United States, owes permanent allegiance to the United States."|type=lower-alpha}}
The explanatory comments of this section, when originally written in 1940, provided clarification that all citizens were nationals of the United States but not all nationals were citizens.<ref name="ir.lawnet.fordham.edu"/>{{Rp|1709}}
===
* '''Belarus''': The Citizenship Act of the [[Belarus|Republic of Belarus]] (2002) states that permanent-residence term requirements may be waived for [[Belarusians|ethnic Belarusians]] and descendants of ethnic Belarusians born abroad.
* '''Croatia''': Article 11 of [[Croatia]]'s law on nationality ({{lang|hr|Zakon o hrvatskom državljanstvu}}) defines emigrants ({{lang|hr|iseljenik}}), and provides privileges by excluding them from certain conditions imposed on others. The [[Croatian diaspora]] makes use of this to obtain dual nationality or to return to Croatia.
* '''Estonia''': Article 36 (3) of the [[Constitution of Estonia]] states that "Every [[Estonians|Estonian]] is entitled to settle in [[Estonia]]."<ref>{{cite web|title=The Constitution of the Republic of Estonia – Riigi Teataja|url=https://www.riigiteataja.ee/en/eli/ee/530102013003/consolide/current|access-date=15 July 2016}}</ref>
* '''Ghana''': [[Ghana]]'s ''[[right of abode]]'' law allows for people of [[Africa]]n descent to settle in the country.<ref>[http://www.theafricareport.com/West-Africa/ghana-a-place-for-african-americans-to-resettle.html Ghana, a place for African-Americans to resettle]</ref>
* '''Hungary''': In 2010, Hungary passed a law granting nationality and the right of return to descendants of Hungarians living mostly on the former territory of the Hungarian Kingdom and now residing in Hungary's neighbouring countries. [[Slovakia]], which has 500,000 ethnic [[Magyarization|Magyar]] citizens (10% of its population) objected vociferously.<ref name="Pandora's Passport 2010, p. 6022">Pandora's Passport, Hungary extends citizenship beyond its borders, Slovakia retaliates," The Economist, June 5, 2010, p. 60.</ref>
* '''Iraq''': see ''[[Iraqi nationality law]]''.
* '''Kazakhstan''': see ''[[Oralman]]''.
* '''Lithuania''': From the [[Constitution of Lithuania]], Article 32(4): "Every Lithuanian person may settle in Lithuania."<ref>{{cite web|title=ICL - Lithuania - Constitution|url=http://www.servat.unibe.ch/icl/lh00000_.html|access-date=15 July 2016}}</ref>
* '''Poland''': From the [[Constitution of Poland]], Article 52(5): "Anyone whose Polish origin has been confirmed in accordance with statute may settle permanently in Poland."<ref>{{cite web|title=ICL - Poland - Constitution|url=http://www.servat.unibe.ch/icl/pl00000_.html|access-date=15 July 2016}}</ref> (see ''[[Polish nationality law]]''.)
* '''Portugal''': On April 12, 2013, the Portuguese parliament approved unanimously an amendment to its nationality laws which would permit the descendants of [[Jews expelled from Portugal]] in the 16th century to become [[Portuguese citizens]].<ref>{{cite web|title=Descendants of Jews who fled persecution may claim Portuguese citizenship|website=[[The Times of Israel]] |url=http://www.timesofisrael.com/descendants-of-jews-who-fled-persecution-may-claim-portuguese-citizenship|access-date=15 July 2016}}</ref>
* '''Romania''': Romania extends nationality to all former nationals, as well as to the children and grandchildren of those who have lost their Romanian nationality, regardless of ethnic background.<ref>{{cite web|last1=Dumbrava|first1=Costica|title=Rolling Back History: The Romanian Policy of Restoration of Citizenship to Former Citizens|url=http://www.citsee.eu/citsee-story/rolling-back-history-romanian-policy-restoration-citizenship-former-citizens|access-date=25 November 2014|website=Citizenship in Southeast Europe}}</ref>
* '''South Korea''': "[[Overseas Korean]]" are [[South Korean nationality law|eligible for dual nationality]].
* '''Serbia''': Article 23 of the [[Serbian nationality law|2004 nationality law]] provides that the descendants of emigrants from [[Serbia]], or ethnic Serbs residing abroad, may take up nationality upon written declaration.
==See also==
* [[Immigration law]]
* [[Foreign born]]
* [[Citizenship
* [[Citizenship Act (disambiguation)]]
* [[History of citizenship]]
* [[Dual nationality]]
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