Uruguay: Whether a person who obtained Uruguan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Publication Date||9 September 2010|
|Citation / Document Symbol||URY103569.E|
|Related Document||Uruguay : information indiquant si une personne qui a obtenu la citoyenneté uruguayenne parce que son père était citoyen de l'Uruguay peut amener un enfant à charge en Uruguay; information sur le statut de cet enfant en Uruguay|
|Cite as||Canada: Immigration and Refugee Board of Canada, Uruguay: Whether a person who obtained Uruguan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay, 9 September 2010, URY103569.E, available at: http://www.refworld.org/docid/5122271f2.html [accessed 26 December 2014]|
Citizens of Uruguay can be either natural citizens or legal citizens (Sandonato de Leon Jan./Feb. 2010; Uruguay 1966 Art. 73). With respect to natural citizens, Uruguay's Constitution states:
[a]ll men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register. (Uruguay 1996, Art. 74)
This information is corroborated by the 2010 Guide to Uruguay's Legal System and Research (Sandonato de Leon Jan./Feb. 2010) published in GlobaLex- a legal publication produced by Hauser Global Law School Program at New York University (NYU n.d.).
However, the guide also states that "[c]itizenship does not extend jure sanguinis beyond the first generation" (Sandonato de Leon Jan./Feb. 2010). A Uruguay parent who was born outside the country (and who acquired citizenship based on his or her parent's Uruguayan citizenship) cannot transmit Uruguayan citizenship to his or her child (ibid.). In a 23 August 2010 telephone interview with the Research Directorate, a consular official at the Embassy of Uruguay in Ottawa corroborated that a woman who had Uruguayan citizenship, but who was born outside the country, could not transmit citizenship to her child automatically if the child was also born outside of Uruguay.
The Consular Official stated that once the woman was in Uruguay, she could apply for her dependent child to obtain permanent resident status (Uruguay 23 Aug. 2010).
In 25 August 2010 correspondence with the Research Directorate, a Uruguayan lawyer who is a PhD candidate in International Law at the Graduate Institute of International and Development Studies in Geneva, stated that
every foreigner can request permanent residence in Uruguay, provided that he or she make a request before the 180th day of his or her entry into Uruguay. Decisions are made on a case by case basis. In the request, the interested person will have to duly justify the reason for asking for permanent residence (and present a series of documents: name, place of birth, entry card, etc. etc.).
The Consular Official stated that after several years of living in Uruguay, the mother of the child could apply for citizenship for her child (Uruguay 23 Aug. 2010). The Uruguayan Lawyer corroborated that the mother could apply for citizenship for the child (25 Aug. 2010).
With respect to applications for legal citizenship on the part of individuals who are over 18 years of age, the Constitution of Uruguay states
[t]he following have the right to legal citizenship:
A) Foreign men and women of good conduct, and having a family within the Republic, who possess some capital or property in the country, or are engaged in some profession, craft or industry, and have resided habitually in the Republic for three years;
B) Foreign men and women of good conduct, without families in the Republic, who possess any of qualifications mentioned in the preceding paragraph and who have resided habitually in the country for five years; (Uruguay 1996 Art. 75)
This information is corroborated by the 2010 Guide to Uruguay's Legal System and Research (Sandonato de Leon Jan./Feb. 2010).
The Uruguayan Lawyer further stated that Uruguayan citizenship law involves
a discretionary analysis of each case according to the particular circumstances of the case. In this aspect our legislation follows the practice of some small countries in Europe and in the Pacific. (Uruguayan Lawyer 25 Aug. 2010)
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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.
New York University (NYU). N.d. "About GlobaLex."
Sandanato de Leon, Pablo. January/February 2010. Update: A Guide to Uruguay's Legal System and Research. GlobaLex. (Hauser Global Law School Program, New York University School of Law)
Uruguay. 23 August 2010. Embassy of Uruguay, Ottawa. Telephone interview with a consular official.
____. 1966. Constitution of the Oriental Republic of Uruguay. United Nations. (Refworld)
Uruguyan Lawyer. 25 August 2010. Correspondence.
Additional Sources Consulted
Internet sites, including: Center for Latin American Studies, Embassy of Uruguay in Ottawa, Embassy of Uruguay in Washington, DC, United States Office of Personelle Management.