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Is there automatic citizenship acquisition by birth for migrant children born in the country?

Code:
RED102
Key Area:
Political & Civic Participation
Strand(s):
Equality
28/02/2012 - 03:29
Short Answer

No

Qualitative Info

No there is not. Cypriot policy-makers have followed the ‘mixed’ principle that combines ius soli and ius sanguinis. However, ius sanguinis is far more important in the regulations than ius soli, as Cypriot descent is the primary criterion for acquisition of citizenship. Citizenship can be acquired automatically, via registration and naturalisation, but at the core of citizenship policy remains the notion that all persons of Cypriot descent are entitled to apply.

A person born in Cyprus or abroad on or after 16 August 1960 automatically acquires Cypriot citizenship provided that at the time of his or her birth either of the parents was a citizen of the Republic or, in the case that the parent(s) were deceased at the time of his or her birth, either of them was entitled to acquire citizenship had he or she not been deceased. In cases of permanent residents abroad, this provision is not applicable unless the child’s birth is registered in the prescribed manner.[1] Moreover, there are two exceptions to this general rule:

- The current law provides that children born to parents, one of whom entered or resides in the Republic unlawfully, do not automatically become citizens of Cyprus even if the other parent holds or would have been entitled to Cypriot citizenship. They can become citizens only following a decision of the Council of Ministers.[2]  This amendment was apparently directed against Turkish nationals who settled in the north, in order to prevent them from acquiring Cypriot citizenship. However, it is obviously discriminatory against persons who have Turkish-Cypriot descent from one parent and is contrary to the Constitution and international obligations of the Republic. Whether children of Turkish nationals should be granted Cypriot citizenship remains a hot political issue and there are conflicting accounts of what categories of persons are affected. Media reports and right-wing politicians seem to concur that the issue at stake is the granting of citizenship to children who have one Cypriot parent and another who is a Turkish settler. However, ministry officials claim that persons falling under this category are invariably granted nationality, albeit in a manner that does not cause strong reactions.  In any case, making a child’s nationality conditional on the status of ‘legality’ or ‘illegality’ of the parents, or even worse of one of the two parents, not only violates the rights of children, as provided for in the UN Convention for the Rights of the Child, but also constitutes discrimination against the children who are victimised by the political situation and whom the Republic has an obligation to protect and respect. Due to the lack of transparency, it is not possible to assess the implementation of this law. The Third ECRI Report on Cyprus notes that ‘decisions to grant nationality have resulted in intolerant and xenophobic attitudes in public debate’.

- Article 109(3) of law 141(I)/2002 expressly prescribes that the above provisions for acquisition of citizenship do not come into force in cases where a person is born in Cyprus or abroad between 16 August 1960 and 11 June 1999, if his or her claim is based solely on his or her mother’s citizenship, or the fact that she was entitled to citizenship of the Republic. The equality body has established that this provision entails gender discrimination.

Another mode of acquisition is foreseen for persons born on or after 16 August 1960 and who are of Cypriot origin, i.e. descendants of a person who:

a. became a British citizen on the basis of the Cyprus (Annexation) Order-in-Council between 1914 and 1943; or

b. was born in Cyprus between 5 November 1914 and 16 August 1960 during which time his or her parents were ordinarily resident in Cyprus.

These persons are entitled to be registered as citizens provided that they are adults and of sound mind, apply to the minister via the designated means and provide an official confirmation of loyalty to the Republic.



[1] Sects. 109(1) and (2) of Law No. 141(I)/2002 provide for the procedure and the appropriate forms. In cases where the applicant is under age, the application can be made by a parent.

[2] Art. 109 Population Data Archives Law No. 141(I)/2002. This clause was first introduced by Law 65(I)/1999 that came into force on 11 June 1999.

 

Data Acquisition of nationality is not based on number of years; the principle applied is that of ius sanguinis.
Groups affected/interested Migrants, Ethnic minorities
Type (R/D) Anti-migrant/xenophobia, Nationalism
Key socio-economic / Institutional Areas Anti-discrimination, Integration - social cohesion
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