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Nationality Act (359/2003)

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Nationality Act (359/2003) NB: Unofficial translation © Ministry of the Interior, Finland Nationality Act (359/2003) Chapter 1 6) citizenship status means present or former citi- zenship, statelessness or citizenship being unknown; General provisions 7) child means an unmarried person who is under 18 years of age; Section 1 Scope of application and purpose 8) spouse means the husband or wife of the party or a person cohabiting with the party in a relationship resembling marriage; provisions on a spouse also This Act lays down provisions on the requirements apply to a person living with the party in a relationship for acquiring, retaining or losing Finnish citizenship in accordance with the Registered Partnership Act and on the procedure for processing such matters. (950/2001); The purpose of this Act is to regulate the acquisition 9) applicant means a person who has made an and loss of Finnish citizenship taking account of the application or declaration in order to acquire or be interests of both individuals and the State, to prevent released from Finnish citizenship or on behalf of and reduce statelessness and to observe and promote whom his or her parent, guardian or representative the principles of good governance and legal protection has made an application or declaration in order to when processing and making decisions on matters of acquire or be released from Finnish citizenship; and citizenship. 10) co-applicant means a child in the custody of Section 2 the applicant for whom the applicant wishes to acquire Definitions Finnish citizenship on the same application or declara- tion as for himself or herself, or whom the applicant, For the purposes of this Act: on his or her application, wishes to be released from Finnish citizenship. 1) citizenship means a legislative bond between an individual and the State defining the individual’s status Section 3 in the State as well as the basic rights and duties Duties of the Directorate of Immigration existing between the individual and the State; The Directorate of Immigration decides on the acquisi- 2) alien means a person who is not a Finnish citizen; tion, retention and loss of Finnish citizenship and on the definition of citizenship status under this Act. 3) involuntarily stateless means a person who has no citizenship in any State and who has remained Standard forms needed for application or declaration stateless against his or her own or his or her parent’s under this Act are approved by the Directorate of or guardian’s will; Immigration. 4) voluntarily stateless means a person who has no citizenship in any State and who has remained state- Section 4 less by his or her own or his or her parent’s or Preventing statelessness guardian’s will; The provisions of this Act on the loss of and release 5) person with unknown citizenship means a person from citizenship must not be applied if, as a con- for whom there is no information on citizenship or sequence of the application of these provisions, statelessness; a person were to become stateless. Section 5 Section 7 Interviewing a child and a parent or guardian Permanent residence and domicile A child who has reached the age of 12 years shall When assessing an alien’s residence in Finland, be interviewed in respect of any application or decla- permanent residence and domicile mean in this Act ration concerning him or her. Any parent or guardian a person’s actual and principal residence where his other than the one who has made the application or or her residence is of a permanent nature. declaration shall also be interviewed in respect of the application or declaration, except in cases where Section 8 his or her residence is unknown and cannot be Being born in Finland ascertained. In this Act, being born on a Finnish ship or aircraft in A child who has reached the age of 15 years cannot the territory of a foreign State or in international acquire Finnish citizenship on application or declaration territory is equivalent to being born in Finland. nor can he or she be released from it if he or she has stated his or her objection to being granted or released from citizenship. Similarly, a child cannot acquire Finnish citizenship on application or declaration Chapter 2 nor can he or she be released from it if a parent or guardian other than the one who has made the Finnish citizenship by birth application or declaration has stated his or her objec- tion to the child being granted or released from citizenship. Section 9 Children The application or declaration can be approved in spite of objections by the child or a parent or guardian A child acquires Finnish citizenship by birth if: other than the one who has made the application or declaration if this is deemed to be the best interest 1) the mother is a Finnish citizen; of the child. In order to establish the best interest of the child, the organ referred to in section 6 of the 2) the father is a Finnish citizen; and Social Welfare Act (710/1982) will be asked to ex- press its opinion on the matter, unless it is manifestly a) is married to the child’s mother; or unnecessary to ask for an opinion. b) the child is born in Finland and the man’s paternity Section 6 of the child is established; Established identity 3) the father is dead, but was a Finnish citizen at the A requirement for the acquisition of Finnish citi- time of his death; and zenship is that the person’s identity has been reliably established. a) was married to the child’s mother; or A person’s identity can be established by means of b) the child is born in Finland and the man’s paternity documents or by providing other information which is of the child is established; or considered reliable on the person’s name, date of birth, family relations and other personal data necessary 4) the child is born in Finland and does not acquire to decide the matter. When establishing a person’s the citizenship of any foreign State at birth, and does identity, any information provided earlier by the person not even have a secondary right to acquire the citi- on his or her own and his or her child’s identity may zenship of any other foreign State. be taken into account. A child who is born in Finland acquires Finnish citi- If an alien has used an identity registered in the po- zenship through the place of birth if his or her pulation information system for at least ten years, parents have refugee status in Finland or if they even though he or she had earlier used more than have otherwise been provided protection against the one identities, his or her identity is considered to be authorities of their State of nationality. An additional established in accordance with subsection 1. requirement is that the child does not acquire either parent’s citizenship except through registration of the child’s birth with the authority of the parent’s State of nationality, or through another procedure requiring the assistance of the authorities of this State. If the protection referred to above was given to only one Chapter 3 of the parents, it is also required that the child does not acquire the other parent’s citizenship by birth nor has even a secondary right through birth to acquire it. Finnish citizenship on application Section 10 Section 13 Adopted children General requirements for naturalisation An adopted alien child under 12 years of age at least An alien is granted Finnish citizenship on application one of whose adoptive parents is a Finnish citizen if, when the decision is made on the application: acquires Finnish citizenship through adoption as of the date the adoption is valid in Finland. 1) he or she has reached the age of 18 years or has married before that; Section 11 Parents’ marriage 2) he or she is and has been permanently resident and domiciled in Finland (period of residence); A child who does not acquire Finnish citizenship under section 9 or who has not acquired Finnish citi- a) for the last six years without interruption (con- zenship upon declaration acquires Finnish citizenship tinuous period of residence); or through the marriage of his or her parents as of the date when the marriage was contracted, if the man b) for eight years after reaching the age of 15 was a Finnish citizen at the child’s birth and has years, with the last two years without interruption been ever since, and the man’s paternity of the child (accumulated period of residence); was established before the marriage was contracted. 3) he or she has not committed any punishable act If, however, paternity is established after the marriage nor has a restraining order been issued against him was contracted and the father is still a Finnish citizen, or her (integrity requirement); the child acquires Finnish citizenship only as of the date when the paternity was established. If the father 4) he or she has not materially failed to provide has died after the marriage was contracted, the child maintenance or to meet his or her pecuniary obligations acquires Finnish citizenship as of the date when the under public law; paternity was established if the father was a Finnish citizen at the time of his death. 5) he or she can provide a reliable account of his or her livelihood; and Section 12 6) he or she has satisfactory oral and written skills in Foundlings and children of parents with the Finnish or Swedish language, or instead of oral unknown citizenship skills similar skills in the Finnish sign language (language skills requirement).
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