CITIZENSIIIP OF THE REPUBLIC OF MACEDONIA ACT
1. GENERAL PROVISIONS
Article 1
This Act defines the manner and conditions of acquisition and termination of citizenship of the Republic of Macedonia, determination of citizenship, the state institution responsible for making decisions in such cases, certification of citizenship and keeping records of citizens of the Republic of Macedonia.
Article 2
A citizen of the Republic of Macedonia may also hold citizenship of another State.
A citizen of the Republic of Macedonia holding citizenship of another State is considered within the Republic of Macedonia to be exclusively a citizen of the Republic of Macedonia, unless otherwise stipulated by international agreement.
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 in the territory of the Republic of Macedonia,
3. Naturalization, or
4. International agreement.
1. By Origin
Article 4
A child shall acquire citizenship of the Republic of Macedonia by origin if:
1. At the time of the child's birth both parents are citizens of the Republic of Macedonia;
2. At the time of the child's birth one of the parents is a citizen of the Republic of Macedonia and the child is born in the Republic of Macedonia, unless the parents have agreed that the child acquire the citizenship of the other parent, or
3. At the time of the child's birth one of the parents is a citizen of the Republic of Macedonia and the other parent is unknown, holds unknown citizenship or holds no citizenship, and the child is born abroad.
An adopted child shall also acquire citizenship of the Republic of Macedonia by origin in the event of full adoption where both adoptive parents are citizens of the Republic of Macedonia or where one of them is a citizen of the Republic of Macedonia.
Article 5
A child born abroad to parents one of whom at the time of the child's
birth is a citizen of the Republic of Macedonia, and the other of whom is a
foreign citizen, shall acquire citizenship of the Republic of Macedonia by
origin, provided that before reaching the age of 18 years the child is reported
for registration as a citizen of the Republic of Macedonia, or if before reaching the age of 18
years the child has become, together with the parent who is a citizen of the
Republic of Macedonia, a permanent resident of the Republic of Macedonia. In the event of a legal dispute over custody
of the child, citizenship shall be acquired after the court's decision has gone
into effect.
Subject to the conditions of paragraph 1 of this article, citizenship
of the Republic of Macedonia may also be acquired by a person who has not been
registered by both parents, after that person has submitted a form for
registration to citizenship of the Republic of Macecloriia before reaching the
age of 23 years.
The registration form from paragraphs 1 and 2 of this article shall be
submitted to the institution responsible for keeping registers where
addition-%I births are registered or to the diplomatic/consular representative
office of the Republic of Macedonia abroad.
A child acquiring citizenship of the Republic of Macedonia under the
terms of article 4 of this Act and paragraphs 1 and 2 of this article, shall be
considered a citizen of the Republic of Macedonia from the time of birth,
2. By Birth in the Territory of
the Republic of Macedonia
Article 6
Citizenship of the Republic of Macedonia shall be acquired by a child
found in the territory of the Republic of Macedonia whose parents are unknown.
The child referred to in paragraph I of this article shall be deprived
of citizenship of the Republic of Macedonia if before reaching the age of 15
years it is established that the child's parents are foreign citizens.
3. By Naturalization
Article 7
Citizenship of the Republic of Macedonia by naturalization may be
acquired by an alien who has submitted a request for admission to citizenship
of the Republic of Macedonia, provided that he/she satisfies the following
conditions:
1. That he/she is at least 18 years of age;
2. That he/she has legally and continuously been
resident in the
territory of the Republic of
Macedonia for at least 15 years up t6 the time of the submission of the
request;
3. That he/she is psychologically and physically
healthy;
4. That he/she is provided with housing and a
permanent source of
income;
5. That he/she has had
no criminal proceedings instituted against liim/her in the State whose citizen
he/she is or in the Republic of Macedonia;
6. That he/she speaks the Macedonian language;
7. That his/her admission to citizenship of the Republic of
Macedonia does not endanger the national security or defence of the Republic of
Macedonia, or
8. That he/r-,he has discharge from foreign citizenship or has
proof that discharge will be granted if he/she is admitted to citizenship of
the Republic of Macedonia.
The satisfaction of the
condition of paragraph 1, item 6 of this article shall be determined by a
special commission established by the Government of the Republic of Macedonia.
The condition of paragraph
1, item 8 of this article shall be considered satisfied if the person
submitting the request has no citizenship of any State,
Notwithstanding paragraph 1,
item 8 of this article, the person may acquire citizenship of the Republic of
Macedonia if he/she has given a statement renouncing his/her foreign
citizenship.
In the case of a decision
rejecting the request for admission to citizenship of the Republic of Macedonia
by naturalization according to paragraph 1, item 7 of this article the reasons
according to which the responsible state institution has been guided in
reaching such a decision do not have to be specified.
Article 8
An emigrant from the
Republic of Macedonia and his/her descendants up to the first line of descent
may acquire citizenship of the Republic of Macedonia by naturalization although
he/she may not satisfy the conditions of article 7, paragraph 1, items 2 and 8
of this Act.
Article 9
An alien who has been
married to a citizen of the Republic of Macedonia for at least three years and
has been continuously resident in the territory of the Republic of Macedonia
for at least one year up to the submission of the request, may acquire
citizenship of the Republic of Macedonia by naturalization although he/she may
not satisfy the conditions of article 7, paragraph 1, items 2,- 6 and 8 of this
Act.
Article 10
The request for admission to
citizenship of the Republic of Macedonia under the terms of article 8 of this
Act shall be rejected it at least three years have not elapsed following the
termination of citizenship of the Republic of Macedonia by discharge or
renouncement before the submission of the request for re-admission to
citizenship of the Republic of Macedonia.
Article 11
Notwithstanding article 7 of
this Act, an alien of -it least 18 years of age may acquire citizenship of the
Republic of Macedonia by naturalization if this is of special
scientific/scholarly, economic, cultural or national interest, and this shall
especially refer to all Macedonians by origin living outside the borders of the
Republic of Macedonia.
The Government of the
Republic of Macedonia shall give a prior opinion concerning the existence of a
special interest under the terms of
paragraph 1 of this article.
In addition to tl-ie alien
referred to in paragraph I of this article, citizenship of the Republic of
Macedonia may also be acquired by his/her marital partner under the conditions
of article 9 of this Act.
Article 12
If both parents have
acquired citizenship of the Republic of Macedonia by naturalization, their
child under 18 years of age shall also acquire citizenship of the Republic of
Macedonia.
If one of the parents has
acquired citizenship of the Republic of Macedonia by naturalization, his/her
child under 18 years of age shall also acquire citizenship of the Republic of
Macedonia, if that parent has requested this and the child lives in the
Republic of Macedonia or if both parents have requested this, regardless of
where the child lives.
In the event of full
adoption, if at least one of the adoptive parents has acquired citizenship of
the Republic of Macedonia by naturalization, citizenship of the Republic of
Macedonia by naturalization shall also be acquired by the adoptee who is under
18 years of age and lives in the Republic of Macedonia together with his/her
adoptive parent(s).
If the child has reached the
age of 15 years, the child's consent shall also be necessary for the
acquisition of citizenship of the lzepublic of Macedonia under the terms of
paragraphs 1, 2 and 3 of this article.
Article 13
Citizenship of the Republic
of Macedonia by naturalization shall be acquired as from the date of conferral
of the decision for admission to citizenship of the Republic of Macedonia.
Article 14
The decision for admission
to citizenship of the Republic of Macedonia may be revoked following its
conferral if it is found that the alien, when submitting the request for
admission to citizenship by naturalization, has given false or incorrect
information, or has used forged documents.
The decision of paragraph 1
shall be revoked within the period envisaged for legal expiration of the
institution of criminal proceedings against criminal acts referred to in
paragraph 1 of this article.
In the event referred to in
paragraph 1 of this article, the decision for admission to citizenship of the
Republic of Macedonia of minors who have acquired citizenship simultaneously
with their parents shall also be revoked, in accordance with the provisions of
this Act.
Article 15
A minor whose citizenship of
the Republic of Macedonia has been terminated by discharge, may again acquire
citizenship if by the age of 25 years lie/she has legally and continuously been
resident in the Republic of Macedonia for at least three years and has submitted
a request for readmission to citizenship of the Republic of Macedonia.
III. TERMINATION OF CITIZENSHIP
Article 16
Citizenship of the Republic
of Macedonia shall be terminated:
1. By discharge, or
2. In accordance with international agreement.
Article 17
Citizenship of the Republic
of Macedonia shall be terminated by discharge if the person submitting a
request for discharge satisfies the following conditions:
1. That he/she is at least 18 years of age;
2. That he/she has no impediments with regard to
military service;
3. That he/she has settled all property,
financial and other legal
obligations towards state institutions,
organizations, enterprises and other corporations and physical persons;
4. That he/she has regulated all property, financial and
other legal obligations from his/her marital relationship and the relationship
of parents and children towards persons living in the Republic of Macedonia;
5. That no criminal proceedings have been instituted against
him/lier in the Republic of Macedonia for criminal acts which are prosecuted in
the line of duty, or if he/she has been sentenced to imprisonment, he/she must
have served the sentence, or
6. That he/she holds foreign citizenship or has proved that
he/she will be granted foreign citizenship.
Consent for the satisfaction
of the condition of paragraph 1, iten) 2 of this article shall be given by the
Ministry of Defence.
The responsible state
institution shall reject the request for discharge from citizenship of the
Republic of Macedonia even if the conditions from paragraph 1 of this article
are satisfied when this is necessary for reasons concerning national security
or the defence of the Republic of Macedonia, or reasons concerning reciprocity
or other reasons with regard to relations with a foreign country.
In the case of a decision
rejecting the request for admission to citizenship of the Republic of Macedonia
under the terms of paragraph 3 of this article, the reasons according to which
the responsible state institution has been guided in reaching such a decision
do not have to be specified.
Citizenship of the Republic
of Macedonia shall be terminated for that person as from the date of conferral
of the decision for discharge from citizenship of the Republic of Macedonia.
ATticle 18
The decision for discharge
from citizenship of the Republic of Macedonia shall be revoked if the person
who has been granted discharge has continued living in the Republic of
Macedonia, or if he/E;he has moved to a foreign country and within one year as
from the date of conferral of the decision for discharge has not acquired
foreign citizenship.
A person who has been
granted discharge from citizenship of the Republic of Macedonia, shall submit
the request for revocation of the decision to the diploniatic/consular
representative office of the Republic of Macedonia abroad or to the responsible
state institution in the Republic of Macedonia.
Article 19
Citizenship of the Republic
of Macedonia of a child under 18 years of age shall be terminated at the
request of both parents whose citizenship of the Republic of Macedonia has been
terminated by discharge or if citizenship of the Republic of Macedonia has been
terminated in this manner for one of the parents, and the other parent having
no citizenship of the Republic of Macedonia has given consent to that.
If the child's parents have
been living separately, citizenship of the Republic of Macedonia shall be
terminated for the child by discharge at the
request of the parent with whom the child lives or
to whom custody of the child has been given and who has himself/herself
submitted a request for discharge from citizenship of the Republic of Macedonia
or in the event that the parent with whom the child lives is an alien. In both such
events, consent from the other parent shall be necessary.
The provisions of paragraphs
1 and 2 of this article shall also apply to an adopted minor.
If the other parent does not
give consent to the child's discharge' from citizenship of the Republic of
Macedonia, the child shall be granted discharge if consent for discharge has
been given by the responsible guardianship institution bearing in mind the
interests of tl-ie child.
If the child has reached the
age of 15 years, the child's consent shall also be necessary for the termination
of citizenship of the Republic of Macedonia under the terms of paragraphs 1, 2
and 3 of this article.
Article 20
Citizenship of the Republic
of Macedonia of an adopted minor who is a citizen of the Republic of Macedonia,
in the event of full adoption when the adoptive parents are foreign citizens,
shall be terminated by discharge at the request of the adoptive parents.
If the adoptee has reached
the age of 15 years, the adoptee's consent shall also be necessary for the
termination of citizenship of the Republic of Macedonia under the terms of
paragraph 1 of this article.
IV. RESPONSIBLE STATE INSTITUTION FOR DETERMINING, KEEPING RECORDS
AND CERTIFICATION OF CITIZENSHIP OF THE REPUBLIC OF MACEDONIA
Article 21
The request for the
acquisition, termination or determination of citizenship of the Republic of
Macedonia shall be submitted to the Ministry of the Interior depending on the person's place of residence, or,
if tl-ie person lives abroad, to the diplomatic/consular representative office
of the Republic of Macedonia abroad.
The decision on the
acquisition, termination or determination of citizenship of the Republic of
Macedonia shall be made by the Minister of the Interior.
The decision referred to in
paragraph 2 of this article shall be delivered in accordance with the rules for
obligatory personal delivery.
Article 22
Records of citizens of the
Republic of Macedonia and foreign citizens born in the territory of the
Republic of Macedonia shall be kept by the Ministry of the Interior.
Records of the acquisition
and termination of citizenship of the Republic of Macedonia shall be kept by
the Ministry of the Interior, in accordance with the prescribed standards and
the law.
Article 23
Citizenship of the Republic
of Macedonia shall be proved by a valid identity card or travel document.
Citizenship of the Republic
of Macedonia shall also be proved by a certificate of citizenship of the
Republic of Macedonia issued by the Ministry of the Interior on the basis of
the records under the terms of article 22, paragraph 1 of this Act.
Article 24
If a person has not been
registered in the records of citizens of the Republic of Macedonia, the
Ministry of the Interior shall determine citizenship of the Republic of
Macedonia and shall enter that information additionally in the records of
citizens of the Republic of Macedonia.
If a person's birth has not been registered, the information concerning
the person's birth and citizenship shall be simultaneously registered in
accordance with the provisions of the Registry of Births, Marriages and Deaths
Act.
Article 25
The responsible state
institutions and organizations authorized to record citizenship information in
accordance with the law shall be notified with regard to the acquisition or
termination of citizenship of the Republic of Macedonia.
V. TRANSITIONAL AND FINAL
PROVISIONS
Article 26
A person who, in accordance
with the present regulations, has held citizenship of the Republic of Macedonia
shall be considered a citizen of Republic of Macedonia under the terms of this
Act.
Procedures for the
acquisition or termination of citizenship of the Republic of Macedonia in
process before this Act has entered into force shall be concluded in accordance
with the provisions of this Act.
Citizens of other republics
6f the former SFR Yugoslavia and citizens of the former SFR Yugoslavia who have
reported a place of residence in the territory of the Republic of Macedonia may
acquire citizenship of the Republic of Macedonia if, within a year after this
Act has entered into force, they submit a request, and provided that they have
a permanent source of income, are of legal age and before the submission of the
request they have been legally resident in the territory of the Republic of
Macedonia for at least 15 years.
Article 27
The Minister of the Interior
shall pass regulations for keeping records of citizens of the Republic of
Macedonia, for citizens of the ltepublic
of Macedonia living abroad, and concerning the request form for the acquisition
of citizenship of the Republic of Macedonia and the certificate' form for
citizenship of the Republic of Macedonia.
Article 28
The provision referred to in
article 23, paragraph 1 of this Act shall be applied following the replacement
of identity cards and travel documents issued before this Act has entered into
force.
Article 29
The regulations envisaged
under this Act shall be passed within six months as from the date of the entry
into force of this Act.
Until the passing of the
regulations referred to in paragraph I of this article, the present regulations
shall apply provided that they are not in contravention of the provisions of
this Act.
Article 30
The Citizenship of the
Socialist Republic of Macedonia Act ("Official Gazette of SRM," No.
19/77) shall cease to be in force as from the date of the entry into force of
this Act, and the Citizenship of the SFR Yugoslavia Act ("Official Gazette
of SFRY," No. 58/76) shall not be effective on the territory of the Republic of Macedonia.
Article 31
This Act shall enter into
force on the eighth day following Its publication in the "Official Gazette
of the Republic of Macedonia."