Acquiring Citizenship: Nationalization Processes and Chilean Law

Understanding Nationalization and Citizenship Acquisition

Nationalization is the process of acquiring a new nationality, often replacing one's original citizenship. This fundamental concept governs how individuals become citizens of a country other than their birth nation.

Nationalization Processes in Chile

In Chile, citizenship by letter of nationalization is granted by the President of the Republic through a Supreme Decree, as outlined in Article 35 of the Ministry of Interior. While requests must meet specific requirements, the President retains the power to reject an application even without stated grounds. Such a resolution is not subject to appeal, nor does it have the effect of res judicata, meaning a new request may be submitted later.

For nationalization in Chile under the 'Spanish letter' (referring to the dual citizenship treaty with Spain), Law 12,548 of 1957 applies. This law specifically regulates dual citizenship with Spain and states that it applies only to Chileans born in Chile, and Chile accepts this dual nationality solely under these specific conditions.

Types of Nationalization: Individual and Collective

In Chile, the doctrine of individual nationalization by letter is accepted as a voluntary process. A semi-individual form may occur in cases such as marriage, where citizenship is acquired as a result of the union. Finland, for example, applies a similar standard.

Collective nationalization has been applied in Europe due to changes in national boundaries. An example related to Chile is the Ancon Treaty of 1999, though it was never convened. Another historical instance is Alsace-Lorraine, which was ceded by Germany to France at the end of World War II. In such cases, nationality can be determined by a national referendum involving entire human groups, as seen when the majority opted for French nationality.

Key Differences: Right of Option vs. Letter of Nationalization

• The right of option is provided under Article 10, No. 1 of Chilean law, while nationalization by letter is regulated by Article 10, No. 3.
• Nationalization by letter (or naturalization) can be requested by any eligible foreign national, whereas the right of option applies only to specific categories of aliens.
• For nationalization by letter, there is no specific invocation period after 5 years of residence in the country. In contrast, the right of option must be exercised within a fatal period of 1 year after turning 21 years old.
• A nationalization application is made by submitting a formal request to the authority. The right of option is exercised through a declaration.
• Nationalization by letter is revocable by the authority. In contrast, the right of option is perpetual and irrevocable.
• A foreign national exercising the right of option becomes a Chilean citizen by origin. Conversely, a foreign national who nationalizes by letter becomes a naturalized Chilean citizen.
• The effects of nationalization by letter occur prospectively (to the future) and are never retroactive. In contrast, the right of option, being a declaration, has retroactive effects and considers the individual Chilean from the time of birth.