Due to the lack of information about these issues, and the constant inquiries received, we refer to the material prepared by the lawyer Luz López Larrosa about how and when Paraguayan nationality is obtained by option and by naturalization, and if a Paraguayan can lose the nationality and in which case.

Luz Lopez Larrosa

This material is intended to serve as a guide. The language is simple so that it can be understood by anyone who has any doubts about it. Attorney Luz López Larrosa.

Sources: daily cases and consultations, administrative and jurisdictional bodies, regulations.

1. Who can opt for Paraguayan nationality?

The children of natural or naturalized Paraguayan parents can do it, it is not necessary that both are, it can be only one of the parents. The process is summary and is carried out before the Court of First Instance in Civil and Commercial Matters, with the necessary documents for the effect.

2. When opting for Paraguayan nationality, must a foreign citizen renounce his/her nationality of origin?

This is a question that I am constantly asked, it is worth mentioning that our constitutional legal order does not admit multiple nationality except in the case of international treaties. If one opts for Paraguayan nationality and our country does not have an international treaty that admits the double or multiple nationality, when making the option, the nationality of origin is renounced.

What is naturalization and how does it differ from the Paraguayan nationality option?

The naturalization comes from a process initiated before the Supreme Court of Justice, where the foreign citizen, who does not have Paraguayan parents and after fulfilling other requirements demanded by the Supreme Court such as: definitive settlement in the country for at least 3 years, demonstration of roots and others, this person can access the acquisition of Paraguayan nationality. As for the option, it is a way of acquiring Paraguayan nationality because one or both parents are Paraguayan of origin or naturalized and the person requesting it was born abroad. This process as I indicated in the previous question is processed before the Civil and Commercial Court of First Instance.

Are there any treaties in force in our country for the admission of dual or multiple nationality?

Yes, currently the only country with which Paraguay has signed an agreement in this regard is Spain.

5. What is the way to lose the natural Paraguayan nationality?

The way to lose the natural Paraguayan nationality is only by renunciation according to Article No. 147 of the National Constitution, clarifying that the renunciation implies a process or trial before the Supreme Court of Justice. This should not be confused with what is established in our National Constitution regarding the way to lose the Paraguayan nationality of the persons who have naturalized, that is to say that they do not have the nationality of origin. In this sense, there are two ways to lose it: a) by unjustified absence from the Republic for more than three years, judicially declared and b) by the voluntary acquisition of another nationality.

6. What happens when a natural Paraguayan acquires another nationality, for example from a European country with which our country has not signed an international treaty?

In this regard, it is appropriate to point out that our National Constitution clearly establishes in its Article No. 153, paragraph 1) that with the acquisition of another nationality on a voluntary basis, citizenship is suspended, unless Paraguay has signed an international treaty. The suspension would imply not being able to exercise political rights such as the right to elect and be elected, however, the suspension ceases when the cause that gave rise to it ends. From this it is clear that the natural Paraguayan nationality is not lost by the acquisition of another nationality voluntarily, but by renunciation, what is suspended is the citizenship.

Taking into account the previous question, how would it be done in practice, since our country does not contemplate dual or multiple nationality except for international treaties?

In this sense, we must not fail to refer to the fact that the Paraguayan of natural origin does not lose his nationality by the voluntary acquisition of another, but what is suspended is his citizenship, if this person decides to return to the country, he should not be denied his Paraguayan identity card or his passport, since he is not asking for the recognition of dual nationality, but simply his rights as a Paraguayan of origin, which should not be denied by mandate of Article No. 147 of the National Constitution.

However, it may be that the State or foreign country admits dual or multiple nationality, a situation that is beyond the sovereignty or decision of Paraguay, since each country has the power to decide on the matter.

I hope you found the information useful,

With love,

Gloria

Photo Gloria Sosa

Share with us

If you liked this article leave us your comment below and don't forget to subscribe to the weekly newsletter to receive more information like this directly to your inbox, click here.

You may be interested in these topics: Recognition of studies abroad, Homologation of foreign university degrees, Permanent residency in Paraguay.