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ACT ON CITIZENSHIP

OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA

Date of entry into force: 12 November 1992

[NOTE: This is an unofficial translation. This Act was published in the Official Gazette dated 3 November 1992.]

I. GENERAL PROVISIONS

Article 1

This Act shall govern the manner and conditions for acquisition and termination of citizenship of the Republic of Macedonia, establishment of citizenship, competent public authority for resolving such cases, certification of citizenship and keeping evidence of the nationals of the Republic of Macedonia.

Article 2

A national of the Republic of Macedonia may also be a national of another state.

A national of the Republic of Macedonia who is a national of another state shall be considered in the Republic of Macedonia solely as a national of the Republic of Macedonia, unless otherwise agreed by international treaty.

II. ACQUISITION OF CITIZENSHIP OF THE REPUBLIC OF MACEDONIA

Article 3

Citizenship of the Republic of Macedonia shall be acquired by:

1. origin,

2. birth within the territory of the Republic of Macedonia,

3. naturalization, and

4. international treaties.

Article 4

A child shall acquire citizenship of the Republic of Macedonia by origin, in cases when:

1. both parents, at the time of birth, are nationals of the Republic of Macedonia;

2. one of the parents, at the time of birth, is a national of the Republic of Macedonia and the child is born in the Republic of Macedonia, unless the parents mutually agree that the child acquires citizenship of the other parent, and

3. one of the parent, at the time of birth, is a citizen of the Republic of Macedonia, while the other parent is unknown, is of unknown nationality, i.e. stateless, and the child is born abroad.

Citizenship of the Republic of Macedonia by origin shall also acquire an adopted child when legally adopted, where both or one of the adoptive parents is a national of the Republic of Macedonia.

Article 5

A child born abroad of whom one of the parents is, at the time of birth, a national of the Republic of Macedonia and the other foreign national, shall acquire citizenship of the Republic of Macedonia by origin if filed to be registered as a citizen of the Republic of Macedonia before reaching the age of 18 or has permanent residence in the Republic of Macedonia together with the parent who is a national of the Republic of Macedonia before reaching the age of 18. In case of legal dispute for awarding a custody of the child, citizenship shall be acquired after adoption of the court decision.

A citizenship of the Republic of Macedonia may be acquired under the conditions set forth in paragraph 1 of this Article by a person not registered by both parents, at the age of 18, if it files an application for registration as national of the Republic of Macedonia before reaching the age of 23.

The application of paragraphs 1 and 2 of this Article shall be filed to the competent authority for keeping of registries in which additional filing of the birth of a child is entered or to the diplomatic and consular missions of the Republic of Macedonia abroad.

A child acquiring citizenship of the Republic of Macedonia as set forth, in Article 4 of this Act and paragraphs 1 and 2 of this Article shall be considered a national of the Republic of Macedonia from the time of birth.

Article 6

A child found within the territory of the Republic of Macedonia of unknown parents shall be considered as a national of the Republic of Macedonia.

A child as set forth in paragraph 1 of this Article shall cease to be a national of the Republic of Macedonia in cases when it is established, prior to reaching an age of 15, that his parents are foreign nationals.

3. By Naturalization

Article 7

An alien who lodged a request for citizenship of the Republic of Macedonia may become a national of the Republic of Macedonia by naturalization, in case the following conditions are met:

1. to be at the age of 18,

2. to have resided on the territory of the Republic of Macedonia legally, continuously at least 15 years, prior to filing the request,

3. to be physically and mentally healthy,

4. to have living facilities and permanent source of funds,

5. not to be charged with criminal charges in his state or in the Republic of Macedonia,

6. to speak the Macedonian language,

7. his acceptance as a national of the Republic of Macedonia not to endanger the security and defence of the Republic of Macedonia, and

8. to be renounced from foreign citizenship, i.e. he shall receive renouncement if accepted as a national of the Republic of Macedonia.

The conditions set forth in paragraph 1 of this Article shall be established by a special commission appointed by the Government of the Republic of Macedonia.

It shall be considered that the condition of paragraph 1 item 8 to this Article is met even when the person filing an application is stateless.

Notwithstanding paragraph 1 item 8 to this Article, a person may acquire citizenship of the Republic of Macedonia if he gives a statement that he shall give up his foreign citizenship.

The decision for refusing the request for acquiring citizenship of the Republic of Macedonia by naturalization in accordance with paragraph 1 item 7 to this Article, may not state the reasons for which the competent public authority, when considering it, adopted the decision.

Article 8

An immigrant from the Republic of Macedonia, as well as his descendant upto first generation may acquire citizenship of the Republic of Macedonia by naturalization although not meeting the conditions set forth in Article 7 paragraph 1 items 2 and 8 to this Act.

Article 9

An alien who has been married to a national of the Republic of Macedonia for at least three years and who legally resided in the Republic of Macedonia for at least one continuous year on the territory of the Republic of Macedonia prior to filing the request, may acquire citizenship of the Republic of Macedonia by naturalization although not meeting the conditions set forth in Article 7 paragraph 1 items 2, 6 and 8 to this Act.

Article 10

The request for acquisition of citizenship of the Republic of Macedonia as set forth in Article 8 to this Act shall be refused unless at least three years have passed from the date of termination of the citizenship of the Republic of Macedonia by renouncement until the request of reacquisition of citizenship of the Republic of Macedonia is filed.

Article 11

Notwithstanding Article 7 of this Act, an alien at the age of 18 may acquire a citizenship of the Republic of Macedonia by naturalization if it is of special scientific, economic, cultural and national interest, and more particularly for all Macedonians by origin residing outside the borders of the Republic of Macedonia.

The Government of the Republic of Macedonia shall give its special opinion regarding the special interest as set forth in paragraph 1 to this Article.

Besides the alien of paragraph 1 of this Article, his/her spouse may also acquire citizenship of the Republic of Macedonia by naturalization in accordance with the conditions set forth in Article 9 to this Act.

Article 12

In case both parents acquired citizenship of the Republic of Macedonia by naturalization, their child under the age of 18 shall also become a national of the Republic of Macedonia.

In case one of the parents acquired citizenship of the Republic of Macedonia, his/her child under the age of 18 shall become a national of the Republic of Macedonia if so requested by that parent, and the child resides in the Republic of Macedonia, or if so requested by both parents, irrespective of the child's place of residence.

In case at least one of the adoptive parents acquired citizenship by naturalization, the adopted child under the age of 18, when fully adopted, shall acquire citizenship of the Republic of Macedonia by naturalization when residing in the Republic of Macedonia with one adoptive parent.

In case the child is at the age of 15 his/her consent shall be required for acquiring citizenship as set forth in paragraphs 1, 2 and 3 of this Article.

Article 13

A person shall acquire citizenship of the Republic of Macedonia by naturalization on the day the decision. for citizenship of the Republic of Macedonia is delivered.

Article 14

The decision for acceptance as national of the Republic of Macedonia may be revoked upon delivery, if found that the alien, when filing the request for acceptance as national by naturalization, gave forged and incorrect data, i.e. used false documents.

The decision of paragraph 1 shall be revoked within the term determined for expiration of criminal persecution for criminal act set forth in paragraph 1 of this Article.

The decision for acceptance as national of the Republic of Macedonia as set forth in paragraph 1 of this Article, shall also be revoked for under-aged children acquiring citizenship together with their parents, in accordance with the provision of this Act .

Article 15

An under-aged person, whose citizenship of the Republic of Macedonia is terminated by renouncement, may re-acquire again if legally residing, by the age of 25, in the Republic of Macedonia at least three successive years and files a request for re-acquisition for citizenship of the Republic of Macedonia.

III. TERMINATION OF CITIZENSHIP

Article 16

Citizenship of the Republic of Macedonia shall terminate:

1. by renouncement, and

2. in accordance with international, treaties.

Article 17

Citizenship of the Republic of the Republic of Macedonia by renouncement shall terminate, if a person filing a request for renouncement meets the following conditions:

1. to be at the age of 18,

2. not to have any obstacles, regarding his military condition,

3. to have-fulfilled any property-legal and other legitimate obligations against the state authorities organizations enterprises and other legal and physical persons,

4. to have regulated any property-legal and other legitimate obligations arising from marriage relationship and from the relationship of the parents and children against persons residing in the Republic of Macedonia,

5. not to be subject to a penalty procedure in the Republic of Macedonia for criminal acts, prosecuted by line of duty or sentenced by imprisonment, to have served the sentence, and

6. to have foreign citizenship or to have proven that he shall acquire foreign citizenship.

The Ministry of Defence shall issue approval that the conditions set forth in paragraph 1 item 2 of this Article are met.

The competent public authority shall refuse the request for renouncement of citizenship of the Republic of Macedonia, even when the conditions set forth in paragraph 1 of this Article are met, if so required for the protection of security and defence of the Republic of Macedonia or for reciprocity or other reasons arising from the relations with foreign states.

The decision refusing the request for renouncement of citizenship of the Republic of Macedonia in accordance with paragraph 3 of this Article, may not state the reasons by which the competent public authority was governed when passing the decision.

The persons shall cease to be a national of the Republic of Macedonia on the day the decision for renouncement of citizenship of the Republic of Macedonia is delivered.

Article 18

The decision for renouncement of citizenship of the Republic of Macedonia shall be revoked, if the person granted renouncement continues to reside in the Republic of Macedonia, i.e. has moved abroad and has not acquired foreign citizenship within one year from the date the decision for renouncement was delivered.

The person that has been granted a renouncement of citizenship of the Republic of Macedonia shall file the application for cancellation of the decision to the diplomatic and consular missions of the Republic of Macedonia abroad or to the competent public authorities in the Republic of Macedonia.

Article 19

The citizenship of the Republic of Macedonia for a child under the age of 18 shall be terminated upon request of both parents whose citizenship of the Republic of Macedonia is terminated by renouncement or if the citizenship of the Republic of Macedonia of one of the parents is terminated thereto, while the other parent, not having a citizenship of the Republic of Macedonia, agreed thereto.

In case the child's parents live separately, the citizenship of the Republic of Macedonia by renouncement of a child shall terminate upon request of the Parent residing with the child, i.e. to whom the child has been given for education and care, and himself filed a request for renouncement of the citizenship of the Republic of Macedonia or if the parent residing with the child is an alien. In both cases a consent of the other parent is requested.

The provisions set forth in paragraphs 1 and 2 of this Article shall also apply to under-aged adopted child.

In case one of the parents disagrees the child to be renounced from the citizenship of the Republic of Macedonia, the child shall be renounced if the competent authority for guardianship agrees to it for the benefit of the child.

In case the child is at the age of 15, a consent by the child is requested for termination of citizenship set forth in paragraph 1, 2 and 3 to this Article.

Article 20

In case of full adoption of under-aged adopted national of the Republic of Macedonia, when his/her parents are foreign citizens, the citizenship of the Republic of Macedonia by renouncement shall be terminated upon request of the adoptive parents.

In case the adopted child is at the age of 15, the citizenship, as referred to paragraph 1 to this Article, shall be terminated upon consent by the adopted child.

IV. COMPETENT PUBLIC FOR RESOLVING, KEEPING EVIDENCE AND CERTIFICATION OF CITIZENSHIP OF THE REPUBLIC OF MACEDONIA

Article 21

The request for acquisition, termination or establishment of citizenship of the Republic of Macedonia shall be lodged to the Ministry of Interior depending on the place of residence of the person or, in case the person resides abroad, to the diplomatic and consular missions of the Republic of Macedonia abroad.

The Minister of Interior shall pass a decision for acquisition, termination or establishment of citizenship of the Republic of Macedonia.

The decision of paragraph 1 of this Article shall be filed in accordance with the regulations for compulsory filing in person.

Article 22

The evidence for the nationals of the Republic of Macedonia and for foreign nationals born on the territory of the Republic of Macedonia shall be kept in the Ministry of Interior.

The evidence for acquisition and termination of citizenship of the Republic of Macedonia shall be kept by the Ministry of Interior in accordance with the existing standards and the laws.

Article 23

The citizenship of the Republic of Macedonia shall be proven by a valid identity card or passport.

The citizenship of the Republic of Macedonia shall be proven also by a certificate for citizenship of the Republic of Macedonia issued by the Ministry of Interior on the basis of the evidence set forth in Article 22 paragraph 1 to this Act.

Article 24

In case the person is not registered in the evidence for nationals of the Republic of Macedonia, the Ministry of Interior shall establish the citizenship of the Republic of Macedonia and the data thereto shall additionally register in the evidence for nationals of the Republic of Macedonia. In case the birth of a person is not registered, the data about birth and citizenship shall be entered accordingly in accordance with the provisions of the Act on Registers.

Article 25

The competent public authorities and organizations keeping evidence about the citizenship authorized by law to keep evidence shall be informed about acquisition, respectively termination of the citizenship of the Republic of Macedonia.

V. TRANSITIONAL AND CLOSING PROVISIONS

Article 26

A person who, according to the existing regulations has a citizenship of the Republic of Macedonia, shall be considered as a national of the Republic of Macedonia in accordance with this Act.

The procedures for acquisition or termination of citizenship of the Republic of Macedonia, that started before the enforcement of this Act, shall be completed in accordance with the provisions of this Act.

The nationals of the other republics of former SFRY and the nationals of former SFRY with registered residence on the territory of the Republic of Macedonia may acquire citizenship of the Republic of Macedonia by lodging a request within one year from the date this Act takes effect, in case they have permanent source of funds, they are adults and before the filing the request legally resided on the territory of the Republic of Macedonia at least 15 years.

Article 27

The Minister of Interior shall pass sub-acts for keeping evidence about the nationals of the Republic of Macedonia, the nationals of the Republic of Macedonia residing abroad, the form of the request for acquiring citizenship of the Republic of Macedonia and the form of the certificate for citizenship of the Republic of Macedonia.

Article 28

The provision of Article 23 paragraph 1 to this Act shall apply after the identity cards and passports issued before this Act becomes effective, have been replaced.

Article 29

The sub-acts set forth in this Act shall be adopted within six months from the date this Act has taken effect.

The existing regulations shall apply until the adoption of the regulations set forth in paragraph 1 of this Article, unless contrary to the provisions of this Act.

Article 30

The Act on Citizenship of the Socialist Republic of Macedonia ("Official Gazette of SRM" No. 19/77), and the Act on Citizenship of SFRY ("Official Gazette of SFRY" No 59/76) shall cease to be valid on the territory of the Republic of Macedonia on the effective date of this Act.

Article 31

This Act shall come into force on the eighth day upon its publication in the "Official Gazette of the Republic of Macedonia".