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Encyclopedia > Denaturalization

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Naturalisation or naturalization is the act whereby a person voluntarily and actively acquires a nationality which is not his or her nationality at birth. Naturalisation is most associated with economic migrants or refugees who have immigrated to a country and resided there as an alien, and who have voluntarily chosen to become a citizen of that country after meeting specific requirements. Denaturalization is the reverse of naturalization, when a state deprives one of its citizen of its citizenship. After World War I, many European countries, including democracies, passed denaturalization laws, of which the 1935 Nuremberg laws remained the most famous. In English usage, nationality is the legal relationship between a person and a country. ... In law, an alien is a person who is not a citizen of the land where he or she is found. ... Citizenship is membership in a political community (originally a city but now usually a state) and carries with it rights to political participation; a person having such membership is a citizen. ... World War I, also known as the First World War and (before 1939) the Great War, the War of the Nations, War to End All Wars, was a world conflict lasting from August 1914 to the final Armistice (cessation of hostilities) on November 11, 1918. ... 1933 to 1939 Nazi racial policy changed extensively in the years between 1933 and 1939. ...

Nationality is either based on jus soli ("right of the territory") or on jus sanguinis ("right of blood"). Whatever the case, the massive increase in population flux due to globalization and the sharp increase in the numbers of refugees following World War I has created an important class of non-citizens, sometimes called denizens; hence, for economic, political and humanitarian reasons, many states have passed laws allowing a person to acquire their nationality after birth (such as by marriage to a national or by having ancestors who are nationals of that country), in order to reduce the scope of this category. Jus soli (Latin for right of the territory) is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. ... Jus sanguinis (Latin for right of blood) is a right by which nationality or citizenship can be recognised to any individual born to a parent who is a national or citizen of that state. ... Globalization (or globalisation) is the term used to describe the changes in societies and the world economy that result from dramatically increased international trade and cultural exchange. ... Denization is an obsolete process in English Common Law, dating from the 13th century, by which a foreigner gained some privileges of a British subject, including the right to hold English land, through letters patent. ... An ancestor is a parent or (recursively) the parent of an ancestor. ...

In general, basic requirements for naturalization are that the applicant hold a legal status as a full-time resident for a minimum period of time and that the applicant promise to obey and uphold that country's laws, to which an oath or pledge of allegiance is sometimes added. Some countries also require that a naturalized national must renounce any other nationalities that he currently holds, forbidding dual citizenship, but whether this renunciation actually causes loss of the person's original nationalities will again depend on the laws of the countries involved. A resident is a person who lives in a particular place permanently, or for an extended period of time, i. ... Multiple citizenship, or multiple nationality, is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. ...

Different naturalization laws

Early examples

There had always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalised subjects).

Naturalisation in Finland

Finland became independent on December 6, 1917. The constitution, dating back to Swedish rule, required all Finnish citizens to be of Evangelical Lutheran faith. Both Jews and Muslims started to apply for Finnish citizenship in 1918. Muslims, however, were accepted only after the Constitution of Finland was modified and general freedom of religion was declared by 1919. The Lutheran movement is a group of denominations of Protestant Christianity by the original definition. ... The Constitution of Finland defines the government and its shape, the relationship between the different topmost branches of the commonwealth and the rights of the individual. ...

Naturalisation in Spain and Italy

After the Argentine economic crisis (1999-2002), Spain (and also Italy) allowed Argentine people who could prove to be a third generation Spanish (or Italian) descendant, to ask for naturalization. Hence, many of the Argentine middle and upper class - those who could afford flying away from their country - managed to acquire European nationality, allowing them not to be confined to the illegal immigrant status - in reality, to their absence of legal status (and therefore of civil rights, as did Agamben, after Hannah Arendt, pointed out). The Argentine economic crisis was part of the situation that affected Argentinas economy during the late 1990s and early 2000s. ... Illegal immigration is the act of moving to or settling in another country or region, temporarily or permanently, in violation of the law or without documents permitting an immigrant to settle in that country. ... Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Giorgio Agamben is an Italian philosopher who teaches at the University of Verona. ... Hannah Arendt (October 14, 1906 – December 4, 1975) was a German political theorist. ...

Naturalisation in the United Kingdom

Main article: British nationality law

The requirements for naturalisation as a British citizen depend on whether one is married to a British citizen or not. The United Kingdom has arguably the worlds most complex nationality laws, because of its former status as an imperial power. ...

For those married to a British citizen the applicant must:

  • hold indefinite leave to remain in the UK (or an equivalent such as Right of Abode or Irish citizenship)
  • have lived legally in the UK for three years
  • been outside of the UK no more than 90 days during the one-year period prior to filing the application.
  • show sufficient knowledge of life in the UK, either by passing the Life in the United Kingdom test or by attending combined English language and citizenship classes. Proof of this must be supplied with one's application for naturalisation. Those aged 65 or over may be able to claim exemption.
  • meet specified English, Welsh or Scottish Gaelic language competence standards. Those who pass the Life in the UK test are deemed to meet English language requirements.

For those not married to a British citizen the requirements are: Indefinite Leave to Remain or ILR, is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on his stay and who is free to take up employment, without restriction. ... The right of abode refers to an individuals freedom from immigration control in a particular country. ... The Life in the United Kingdom test is a computer-based test for applicants for naturalisation as a British citizen. ... The English language is a West Germanic language that originates in England. ... Welsh redirects here, and this article describes the Welsh language. ... Scottish Gaelic (Gàidhlig; IPA: ) is a member of the Goidelic branch of Celtic languages. ...

  • five years legal residence in the UK
  • been outside of the UK no more than 90 days during the one-year period prior to filing the application.
  • indefinite leave to remain or equivalent must have been held for 12 months
  • the applicant must intend to continue to live in the UK or work overseas for the UK government or a British corporation or association.
  • the same language and knowledge of life in the UK standards apply as for those married to British citizens

All applicants for naturalisation must be of "good character". Naturalisation is at the discretion of the Home Secretary but is normally granted if the requirements are met.

Naturalization in the United States

In the United States of America, naturalization is mentioned in the Constitution.

A Naturalization Certificate from 1911
A Naturalization Certificate from 1911

Congress is given the power to prescribe a uniform rule of naturalization, which was administered by state courts. There was some confusion about which courts could naturalize; the final ruling was that it could be done by any "court of record having common-law jurisdiction and a clerk (prothonotary) and seal." This is the naturalization certificate for Nicholas Reuter, who was my great-great-grandfather. ... This is the naturalization certificate for Nicholas Reuter, who was my great-great-grandfather. ... The prothonotary is the chief court clerk in certain courts of law in certain Anglo-American jurisdictions, including the American states of Pennsylvania and Delaware, the Federal Court of Canada, and the Canadian province of Prince Edward Island. ...

The Constitution also mentions 'natural born citizen'. The first naturalization Act (drafted by Thomas Jefferson) used the phrases 'natural born' and 'native born' interchangeably. To be 'naturalized' therefore means to become as if "natural born" -- i.e. a citizen.

There is an interesting loophole here in that the Constitution does not mandate race-neutral naturalization. Until 1952, the Naturalization Acts written by Congress still allowed only white persons to become naturalized as citizens (except for two years in the 1870s which the Supreme Court declared to be a mistake). 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... This article does not cite its references or sources. ...

Naturalization is also mentioned in the Fourteenth Amendment. Before that Amendment, individual states set their own standards for citizenship. The Amendment states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof shall be citizens of the United States and of the State in which they reside." Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses (Section 1). ...

Note also that the Amendment is ambiguous on the issue of singular or plural United States. In the early days the phrase 'United States' was used as a singular or a plural according to the meaning. After the Civil War, it was generally always a singular. The Amendment does not say 'its jurisdiction' or 'their jurisdiction' but 'the jurisdiction thereof'.

The Naturalization Act of 1795 set the initial parameters on naturalization: 'free, White persons' who had been resident for five years or more. The Naturalization Act of 1798, part of the Alien and Sedition Acts, was passed by the Federalists and extended the residency requirement from five to fourteen years. It specifically targeted Irish and French immigrants who were involved in anti-Federalist politics. It was repealed in 1802. The first naturalization law in the United States was the 1795 Naturalization Act which restricted citizenship to free white persons who had resided in the country for five years. ... The Naturalization Act passed by Congress on June 18, 1798, increased the amount of time necessary for immigrants to become naturalized citizens in the United States from five to fourteen years. ... The Alien and Sedition Acts were passed during the administration of President John Adams; his signature made it into law on July 14, 1798. ... The Federalist Party was a political party during the First Party System in the United States, 1792-1816. ... The factual accuracy of this article is disputed. ... --69. ...

An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization, without having filed a declaration of intent, after only one year of residence in the United States. An 1894 law extended the same privilege to honorably discharged 5-year veterans of the Navy or Marine Corps. Over 192,000 aliens were naturalized between May 9, 1918, and June 30, 1919, under an act of May 9, 1918. Laws enacted in 1919, 1926, 1940, and 1952 continued preferential treatment provisions for veterans. [Schulze, Lorine McGinnis (2003) http://www.naturalizationrecords.com/usa/ Retrieved April 23, 2005]

Passage of the Fourteenth Amendment meant that, in theory, all persons born in the U.S. are citizens regardless of race. However it was not applied to Asians at the time. The enabling legislation for the naturalization aspects of the Fourteenth Amendment was the 1870 Page Act, which allowed naturalization of 'aliens of African nativity and to persons of African descent,' but is silent about other races. See also: Asian and Eurasian World map showing Asia. ... 1870 was a common year starting on Saturday (see link for calendar). ... A satellite composite image of Africa Africa is the worlds second-largest and second most populous continent, after Asia. ...

The 1882 Chinese Exclusion Act banned Chinese workers and specifically barred them from naturalization. The Immigration Act of 1917, (Barred Zone Act) extended those restrictions to almost all Asians. 1882 (MDCCCLXXXII) was a common year starting on Sunday (see link for calendar). ... The irish Exclusion Act, signed into law May 6, 1882, followed revisions made in 1880 to the Burlingame Treaty of 1868. ... On February 4, 1917, Congress forcibly passed the Asiatic Barred Zone Act with overwhelming majority, overriding President Woodrow Wilsons December 14, 1916 veto. ...

The 1922 Cable Act specified that women marrying aliens ineligible for naturalization lose their US citizenship. At the time, all Asians were ineligible for naturalization. The Immigration Act of 1924 barred entry of all those ineligible for naturalization, which again meant non-Filipino Asians. 1922 (MCMXXII) was a common year starting on Sunday (see link for calendar). ... The Cable Act of 1922 is an American law that revoked the citizenship of any American woman marrying someone ineligible for citizenship. ... The United States Immigration Act of 1924, also known as the National Origins Act or the Johnson-Reed Act, limited the number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already living in the United States in...

Following the Spanish American War in 1898, Philippine residents were classified as US nationals. But the 1934 Tydings-McDuffie Act, or Philippine Independence Act, reclassified Filipinos as aliens, and set a quota of 50 immigrants per year, and otherwise applying the Immigration Act of 1924 to them. The Spanish-American War took place in 1898, and resulted in the United States of America gaining control over the former colonies of Spain in the Caribbean and Pacific. ... 1898 (MDCCCXCVIII) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar (or a common year starting on Monday of the 12-day-slower Julian calendar). ... 1934 (MCMXXXIV) was a common year starting on Monday (link will take you to calendar). ... The Tydings-McDuffie Act or the Philippine Independence Act (Public Law 73-127) approved on March 24, 1934 is a piece of U.S. legislation which provided for the independence of the Philippines (from the United States) on July 4, 1946. ...

Asians were first permitted naturalization by the 1943 Magnuson Act, which repealed the Chinese Exclusion Act. India and the Philippines were allowed 100 annual immigrants under the 1946 Filipino Naturalization Act. The War Brides Act of 1945 permitted soldiers to bring back their foreign wives. 1943 (MCMXLIII) is a common year starting on Friday. ... The Magnuson Act was an immigration law signed December 17, 1943 in the United States. ... 1946 (MCMXLVI) was a common year starting on Tuesday. ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ...

The 1952 Immigration and Nationality Act (better known as the McCarran-Walter Act), lifted racial restrictions, but kept the quotas in place. The Immigration Act of 1965 finally allowed Asians and all persons from all nations be given equal access to immigration and naturalization. 1952 (MCMLII) was a Leap year starting on Tuesday (link will take you to calendar). ... The Immigration and Nationality Act (INA) of 1952 (better known as the McCarran-Walter Act) was a law passed by the United States Congress restricting immigration into the United States. ... The Immigration Act of 1965 (also known as the Hart-Celler Act) abolished the national-origin quotas that had been in place in the United States since the Immigration Act of 1924. ...

Illegal immigration became a major issue in the US at the end of the 20th Century. The Immigration Reform and Control Act of 1986, while tightening border controls, also provided the opportunity of naturalization for illegal aliens who had been in the country for at least four years. It has been suggested that illegal alien be merged into this article or section. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the... The Immigration Reform and Control Act (IRCA) of 1986 (also named Simpson-Mazzoli Act of 1986) is an American law that was created in order to stop illegal immigration from Mexico, which was seen as a threat to the economy. ...

The Child Citizenship Act of 2001 streamlined the naturalization process for children adopted internationally. A child under age 18 who is adopted by at least one U.S. citizen parent, and is in the custody of the citizen parent(s), is now automatically naturalized once admitted to the United States as an immigrant. 2001: A Space Odyssey. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... International adoption refers to adopting a child from a foreign country. ...


Philosopher Giorgio Agamben, who wrote Homo Sacer: Sovereign Power or Bare Life (1998), underlined the various denaturalization laws passed after World War I by most European countries: Giorgio Agamben (1942 – ) is an Italian philosopher who teaches at the University of Verona. ... Homo sacer is an obscure figure of Roman law. ...

"It is important to note that starting with the period of World War I, many European states began to introduce laws which permitted their own citizens to be denaturalized and denationalized. The first was France, in 1915, with regard to naturalized citizens of "enemy" origins; in 1922 the example was followed by Belgium, which revoked the naturalization of citizens who had committed "anti-national" acts during the war; in 1926 the Fascist regime in Italy passed a similar law concerning citizens who had shown themselves to be "unworthy of Italian citizenship"; in 1933 it was Austria's turn, and so forth, until in 1935 the Nuremberg Laws divided German citizens into full citizens and citizens without political rights. These laws - and the mass statelessness that resulted - mark a decisive turning point in the life of the modern nation-state and its definitive emancipation from the naive notions of "people" and "citizen.""

See also

  Results from FactBites:
Denaturation (365 words)
Denaturation of nucleic acids was thought to be irreversible until 1961 [2].
Denaturation of DNA is usually achieved by heat treatment or high pH, which causes the double-stranded helix to dissociate into single strands.
Denaturation of DNA is a prerequisite for the hybridization of originally double-stranded DNA with other nucleic acids [12].
Denaturation Protein (877 words)
Denaturation of proteins involves the disruption and possible destruction of both the secondary and tertiary structures.
Since denaturation reactions are not strong enough to break the peptide bonds, the primary structure (sequence of amino acids) remains the same after a denaturation process.
Denaturation occurs because the bonding interactions responsible for the secondary structure (hydrogen bonds to amides) and tertiary structure are disrupted.
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