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Argentina - Nationality and Citizenship

The rules regarding nationality and citizenship are regulated in the national Constitution, laws 346, 16801, and 20835, as reinstated in effect by mandate of law 23059, Citizenship and Naturalisation, by means of which are declared null and without judicial effect the losses or cancellations of Argentine nationality and citizenship, provided for in compliance with the de facto Law 21795, and those incurred during validity of the de facto Law 21610. Those affected by these provisions recover their Argentine nationality and citizenship to full right. 

  Nationality Citizenship
ACQUISITION
  1. By Birth
    1. All Argentines born or to be born in the territory of the Republic. 
    2. The children of native Argentines that having been born in a foreign country who opt for the citizenship of origin.
    3. Those born in legations and on warships of the republic.
    4. Those born in the republics that were part of the united provinces of the Río de la Plata before their emancipation, and have resided in the territory of the nation expressing their will to be Argentine.
  2. Naturalization
    1. Foreigners older than eighteen years of age that reside in the Republic for two consecutive years, and express before federal judges of section their will to become so.
    2. Foreigners that accredit before aforementioned judges to have provided, whatever the time of residency, some of the following services:
      1. Performed with honesty, jobs of the nation or provinces, within or outside the Republic.
      2. Served in the army, navy, or assisted in a war effort in defence of the Nation.
    3. Established in the country a new industry, or introduced a useful invention.
    4. Be a railroad investor or builder in any of the provinces.
    5. Be a resident of established colonies, or those hereinafter to be established. 
    6. Live or populate national territories along current borders or outside of them.
    7. Be married an Argentine woman in any of the provinces.
    8. Be a faculty member of any of the education branches or as teaching staff of industry.
  3. By Option
    1. Children of native Argentines that having been born in a foreign country opt for the citizenship of origin of one or both parents. Must comply with legal requirements.
  1. Native Argentines, by option or naturalized, that are eighteen years old, are citizens that may exercise political rights.
  2. The child of a naturalized citizen who was a minor at the time of naturalization of the parent, and born in a foreign country, may obtain his/her citizenship credential from a federal judge due to the fact of having enlisted in the national guard within the period provided by law.
  3. The child of a naturalized citizen in a foreign country, after the naturalization of the parent, may obtain his/her citizenship credential, if after coming to the Republic enlists in the National Guard at the age ordered by law.
  4. Children of native Argentines born abroad that opt for citizenship of origin, must accredit before a federal judge their status as a child of an Argentine. 
  5. Foreigners that have complied with the conditions for naturalization will obtain the naturalization credential, to be issued by the federal judge of section unto whom they have made the petition.

Argentines that are 18 years old enjoy all the political rights bestowed by the Constitution and the laws of the republic.

EXCEPTION

a) accused in the country or abroad, of a crime stipulated in Argentine penal legislation, until separated from the cause;

b) sentenced for a crime, whether in the country or abroad, with penalty of deprivation of liberty, unless such penalty has been complied with and has elapsed five years since expiration of the penalty set forth in the sentence, or an amnesty occurs.

* Article 3 of Law 23059 declares null and without judicial effect the losses or cancellations of Argentine citizenship stipulated in compliance with articles 7, 8, 11, 12, 13, and concordant of the de facto law 21795, and those incurred during validity of the de facto law 21610.

Individuals may not exercise political rights in the Republic of Argentina if they have been naturalized in a foreign country, have jobs or honors with foreign government without the permission of the congress, are bankrupt due to fraud, nor those with a convicted sentence that imposes a defamatory penalty or death.

 

 Reinstatement of the exercise of citizenship will be decreed by law, by an electoral judge, before an audited review, provided that cessation of disqualification arises from the evidence had at the time of such provision. Otherwise, it can only be considered upon petition of the interested party.