2

I needed to know whether or not my father is a dual citizen of Venezuela and I would 100% appreciate if you guys could help me the answer.

So landmark events are:

  1. He was born in Egypt but his parents were of Venezuelan citizenship and living (in which I assumed he would have inherited theirs)
  2. He migrated to Australia and obtained Australian citizenship in 1973 (aged 16)
  3. He still currently lives in Australia and possesses an Australian citizenship.

https://en.wikipedia.org/wiki/Venezuelan_nationality_law Wikipedia’s information states that he is still likely to be a dual citizen as born or naturalized citizenship are only revoked voluntarily or by a criminal court order.

https://www.multiplecitizenship.com/wscl/ws_VENEZUELA.html This site states he would not be a dual citizen as it is not recognised unless he is younger than age 25.

I did call up the embassy and try to ask but they weren't very helpful.

Could you tell me what is correct?

EDIT: From the looks of this official source: Dual citizenship is recognised as it says (Aritcle 34) that nationality is not lost when gaining another nationality.

I need to know the laws that were current in 1973 but I cannot find it.

2
  • 1
    Generally you would have to look at Venezuelan law to see whether he acquired Venezuelan citizenship at birth, which seems quite likely, and whether he ever lost it. You have to look especially at the state of the law when he acquired Australian citizenship, and perhaps at the provisions in the law that apply to those over 25. You have to look at every change in the law since he was born. The easiest way to answer the question may be for him to apply for a Venezuelan passport; Venezuelan authorities will then evaluate whether he is Venezuelan and, if he is, issue him a passport.
    – phoog
    Jun 28, 2018 at 3:30
  • @phoog Applying for a passport isn't viable in my situation. Perhaps a link/resource to Venezuelan citizenship law would help me more?
    – Mel Zach
    Jun 28, 2018 at 3:48

1 Answer 1

Reset to default
2

Under both the current constitution (article 32) and the previous 1961 constitution (article 35) "Any person who was born in a foreign territory, and is the child of a father and mother who are both Venezuelans by birth". However, in the 1961 version the constitution declares (art. 39) that

Venezuelan nationality is lost by option or voluntary acquisition of another nationality... (La nacionalidad venezolana se pierde Por opción o adquisición voluntaria de otra nacionalidad)

which is contrary to Art. 35 of the current constitution

Venezuelans by birth cannot be deprived of their nationality. The Venezuelan nationality by naturalization can be revoked only by a judgment handed down by a court in accordance with law (Los venezolanos y venezolanas por nacimiento no podrán ser privados o privadas de su nacionalidad. La nacionalidad venezolana por naturalización sólo podrá ser revocada mediante sentencia judicial, de acuerdo con la ley).

The wording of earlier art. 39 does not say whether loss of nationality is automatic or simply possible. This document gives the constitutions between 1811 and 1999, and it contains on p. 614 a note applicable to the loss of nationality:

Mientras la Ley establece las normas sustantivas y procesales correspondientes, la pérdida de nacionalidad por revocatoria de la naturalización se ajestará a las disposiciones de la legislación vigente, pero el interesado podrá apelar de la decisión administrativa ante la Corte Suprema de Justicia en el plazo de seis meses a partir de la fecha de publicación de la revocatoria en la GACETA OFICIAL

(While the Law establishes the corresponding substantive and procedural norms, the loss of nationality due to revocation of naturalization will be subject to the provisions of current legislation, but the interested party may appeal the administrative decision before the Supreme Court of Justice within a period of six months from the date of publication of the revocation in the OFFICIAL GAZETTE)

This indicates that revocation of citizenship is an administrative decision (not an automatic consequence of taking another nationality), and would have been published in the Gaceta Oficial, if it had happened.

Improve this answer
7
  • It also says (Article 39) in 1961 constituation that "Venezuelan nationality is lost upon acquisition of another nationality". Does this only apply to 'naturalization' citizens? Also do you know when the current constitution took effect?
    – Mel Zach
    Jun 29, 2018 at 0:52
  • @MelZach some countries that provide for loss of citizenship when acquiring another nationality have different rules if the person in question is a minor at the time. Also, he was born before the 1961 constitution, so you'd have to look at previous constitutions.
    – phoog
    Jun 29, 2018 at 3:53
  • @phoog so the laws would apply for when he was born / given nationality by Venezuela, not when he left? This is a useful information thankyou.
    – Mel Zach
    Jun 29, 2018 at 5:49
  • Found constitution law for pre 1961 link here.
    – Mel Zach
    Jun 29, 2018 at 6:23
  • @MelZach whether he received Venezuelan nationality at birth depends on the law at the time of his birth. Whether he lost it when he naturalized in Australia depends on the law at the time of his naturalization. And so on. That's why I said that you have to look at every change in the law since he was born.
    – phoog
    Jun 29, 2018 at 10:09

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .