| CITIZENSHIP |
ACQUISITION OF YUGOSLAV CITIZENSHIP BY ORIGIN
ADMISSION TO YUGOSLAV CITIZENSHIP
(for aliens and Yugoslav emigrants)
DETERMINATION OF YUGOSLAV CITIZENSHIP
(for persons abroad who have acquired Yugoslav citizenship by origin and are
not entered in records of citizens)
ENTERING IN THE REGISTER OF YUGOSLAV CITIZENS
(for persons who possessed citizenship of another republic of SFRY or
citizenship of another state established in the territory of SFRY)
ADMISSION TO YUGOSLAV CITIZENSHIP
(for persons having citizenship of another republic of SFRY or who are
citizens of another state established in the territory of SFRY)
RE - ACQUISITION OF YUGOSLAV CITIZENSHIP
(REINTEGRATION)
(for persons who were previously discharged from Yugoslav citizenship and
who are resettling in FRY)
TERMINATION OF YUGOSLAV CITIZENSHIP
The Law on Yugoslav Citizenship ("The Official Gazette of FRY", No. 33/96) was passed by the Assembly of FR Yugoslavia on 16 July 1996 and came into force on 1 January 1997. The Law Amending the Law on Yugoslav Citizenship ("The Official Gazette of FRY", No. 9/2001 was passed by the Assembly of FR Yugoslavia on 2 March 2001 and took effect on 10 March 2001.
The Law on Yugoslav Citizenship regulates the acquisition and termination of Yugoslav citizenship, re-acquisition of Yugoslav citizenship, dealing with collision of citizenship laws of member republics, procedure for the acquisition or termination of Yugoslav citizenship, procedure for determination of Yugoslav citizenship, and the keeping of record of Yugoslav citizenship.
Requests for the acquisition and/or termination of Yugoslav citizenship are decided by the Federal Ministry of Internal Affairs and by the republic authority in charge of internal affairs in accordance with their competences established by the law.
Applications for naturalization, discharge from and determination of Yugoslav citizenship; applications for being entered in the register of Yugoslav citizens or admission to Yugoslav citizenship as well as declarations on renunciation of Yugoslav citizenship are filed with the Federal Ministry of Internal Affairs (SMUP) directly or through the relevant diplomatic or consular mission of FR Yugoslavia (DKP SRJ).
The diplomatic or consular mission of FRY is obliged to transmit such applications to the Federal Ministry of Internal Affairs without delay.
Application Forms are prescribed by the Decision on Application Forms for applications concerning naturalization, discharge from and re-acqusition of Yugoslav citizenship ("The Official Gazette of FRY", No. 7/97).
ACQUISITION OF YUGOSLAV CITIZENSHIP BY ORIGIN
Legal provision
Regulated by Articles 7, 8, 9 and 10 of the Law on Yugoslav Citizenship.
Article 7:
"Yugoslav citizenship shall be acquired on the basis of origin by:
1) A child whose both parents were Yugoslav citizens at the time of its birth;
2) A child born in Yugoslavia, whose one parent was a Yugoslav citizen at the time of its birth;
3) A child born abroad, whose one parent was a Yugoslav citizen at the time of its birth and the other is unknown or of unknown citizenship or without a citizenship."
Article 8:
"(1) Yugoslav citizenship shall be acquired on the basis of origin by a child born abroad, whose one parent was a Yugoslav citizen at the time of its birth, and the other was a foreign citizen, if before reaching the age of 18, it is registered as a Yugoslav citizen with the relevant diplomatic or consular mission of Yugoslavia and if it applies for being entered in the register of Yugoslav citizens.
(2) The application for a child to be entered in the register of Yugoslav citizens may be filed by its parent who is a Yugoslav citizen. If the child concerned is under guardianship, the application may be filed by its guardian. If the child concerned is over 14 years of age, its consent shall also be required
(3) If a child born abroad, whose one parent was a Yugoslav citizen at the time of its birth, is left without citizenship, it shall acquire Yugoslav citizenship even if it is not registered as a Yugoslav citizen and entered in the register of Yugoslav citizens pursuant to paragraph 1 of this Article."
Article 9:
"(1) Under the conditions referred to in Article 8, paragraph 1 of this Law, Yugoslav citizenship may be acquired by a person over 18 years of age if, prior to reaching the age of 23, he/she applies for being entered in the register of Yugoslav citizens.
(2) The application referred to in paragraph 1 of this Article shall be filed with the authority responsible for keeping the register of Yugoslav citizens."
Article 10:
"(1) Yugoslav citizenship may be acquired under the conditions referred to in Articles 7, 8 and 9 of this Law by an alien adoptee - in the case of full adoption.
(2) The application for an alien adoptee to be entered in the register of Yugoslav citizens shall be filed by the adopter who is a Yugoslav citizen.
(3) The application referred to in paragraph 2 of this Article may be filed by the adoptee concerned who is over 18 years of age, before reaching the age of 23 years."
The procedure for being entered in the register of Yugoslav citizens on the basis of Article 10 is the same as in the cases referred to in Articles 1, 7, 8 and 9.
Form of request and necessary documents
In addition to the filled out application form, a person who resides abroad should submit to the relevant diplomatic or consular mission of FR Yugoslavia the following documents:
(a) The original birth certificate from the birth register of the foreign authority transcribed on the international form (pursuant to the Paris or Vienna Conventions, respectively, or the bilateral agreement) for the Federal Ministry of Internal Affairs, and a certified cope thereof (with the prior payment of the prescribed tax) for the registrar's office of the municipality. If the birth certificate has not been issued on the international form but on the prescribed form of the relevant state, it must be translated, and both copies must be certified;
b) Evidence of Yugoslav citizenship for parent (certificate of FRY citizenship not older than 6 months; or excerpt from the register of citizens of FRY; or excerpt from the birth register, which contains the particular about FRY citizenship, not older than 6 months; or passport issued by FRY).
In addition to the application for being entered in the register of Yugoslav citizens on the basis of Article 8, paragraph 3 of the Law, evidence that the person concerned has no citizenship (passport for stateless persons) should also be enclosed.
The decision of full adoption should also be enclosed to the application for beineg entered in the register of Yugoslav citizens on the basis of Article 10, paragraph 2 of the Law.
ACQUISITION OF YUGOSLAV CITIZENSHIP ON THE BASIS OF NATURALIZATION
1. Acquisition of Yugoslav citizenship by an alien on the basis of the discharge from foreign citizenship
2. Acquisition of Yugoslav citizenship by an alien without the discharge from foreign citizenship
3. Acquisition of Yugoslav citizenship by emigrants
4. Acquisition of Yugoslav citizenship by children whose both parents have already acquired Yugoslav citizenship
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1. Acquisition of Yugoslav citizenship by an alien on the basis of the discharge from foreign citizenship
Legal provision
Regulated by Article 12 of the Law on Yugoslav Citizenship, which reads:
"(1) An alien who has been granted permit for permanent settlement in Yugoslavia pursuant to the regulations concerning the movement and stay of aliens may be granted Yugoslav citizenship at his request provided that:
1) He has reached 18 years of age;
2) He has been discharged from foreign citizenship or he presents evidence that he will be discharged if he is granted Yugoslav citizenship;
3) He is employed in the place of his permanent residence or has other means of subsistence for himself and members of his family;
4) He has not been punished in Yugoslavia by a prison sentence for a criminal offence making him unfit for being granted Yugoslav citizenship;
5) His conduct gives reason to conclude that he will respect the legal order of Yugoslavia.
(2) The condition referred to in paragraph 1, subparagraph 2 of this Article shall be deemed fulfilled if the applicant is without citizenship or a person who has presented evidence that, under the laws of the state whose citizen he is, he shall lose his citizenship on being granted Yugoslav citizenship;
(3) If the foreign state concerned does not allow the discharge from citizenship or sets conditions which the alien concerned cannot fulfill without causing substantial harm to his livelihood and livelihood of his family, the condition referred to in paragraph 1, subparagraph 2 of this Article shall be deemed fulfilled if the applicant presents a statement renouncing his foreign citizenship in the event of his being granted Yugoslav citizenship."
Form of request and necessary documents
The application for the acquisition of Yugoslav citizenhip on this basis should be filed using the prescribed form.
In addition to the application the following documents should be enclosed by the applicant:
a) Certified copy of the permit for permanent settlement in FR Yugoslavia;
b) Birth certificate;
c) Marriage certificate;
d) Certificate (guarantee) of the foreign authority that he will be discharged from citizenship of the state whose citizen he is if he is granted Yugoslav citizenship and, in case he has already been discharged from foreign citizenship, the decision on the discharge from foreign citizenship;
e) Certificate of employment in the place of permanent residence or other evidence of secured means of subsistence.
Aa alien who has been granted Yugoslav citizenship acquires the citizenship of the member republic of FRY in the territory of which he resides. If a parent or spouse of the person concerned is a Yugoslav citizen, that person may acquire the citizenship of the member republic whose citizen is the parent or spouse, in which case he will make a separate statement (using the prescribed form).
2. Acquisition of Yugoslav citizenship by an alien without the discharge from foreign citizenship
Legal provision
a) Regulated by Article 12a of the Law:
"An alien who has been married to a Yugoslav citizen for at least three years and who has been granted permit for permanent settlement in Yugoslavia, may be granted Yugoslav citizenship provided that there are no objections referred to in Article 12, paragraph 1, subparagraphs 4 and 5 of this Law."
According to Article 12, paragraph 1, subparagraphs 4 and 5, the set conditions are:
- That he has not been punished in Yugoslavia by a prison sentence for a criminal offence making him unfit for being granted Yugoslav citizenship;
- That it can be concluded from his conduct that he wil respect the legal order of Yugoslavia;
b) According to Article 14 of the Law:
" Yugoslav citizenship may also be granted to an alien who has not been discharged from foreign citizenship regardless of whether he has been granted permit for permanent settlement in Yugoslavia or not, or whether he is employed or has other means of subsistence or not, if his being granted Yugoslav citizenship would be in Yugoslavia's international and other interest, if he is particularly meritorious for Yugoslavia or if that is necessary for scientific, economic, cultural, national or similar reasons.
(2) The Federal Government shall decide on the granting of citizenship in the cases referred to in paragraph 1 of this Article."
The application should be filed using the prescribed application form.
3. Acqusition of Yugoslav citizenship by emigrants
Legal provision
Regulated by Article 13 of the Law:
"A Yugoslav emigrant and a member of his family may be granted Yugoslav citizenship subject to the fulfilment of the conditions set out in Article 12, paragraph 1, subparagraphs 4 and 5 of this Law."
Pursuant to Article 12, paragraph 1, subparagraphs 4 and 5, the following conditions have been set:
- That he has not been punished in Yugoslavia by a prison sentence for a criminal offence making him unfit for being granted Yugoslav citizenship;
- That it can be concluded from his conduct that he will respect the legal order of Yugoslavia.
The members of family means the spouse and children.
Form of request and necessary documents
The application should be filed using the prescribed application form. The following documents should be enclosed:
a) Birth certificate;
b) Marriage certificate;
c) Birth certificate for ancestors who were born in Yugoslavia and who possess Yugoslav citizenship and/or the citizenship of Serbia or Montenegro.
d) Consent in written form of a child who is over 14 years of age that it wishes to be granted Yugoslav citizenship.
4. Acquisition of Yugoslav citizenship by children when both parents have already acquired Yugoslav citizenship
Legal provision
Regulated by Article 15, paragraph 1 of the Law:
"(1) If both parents acquire Yugoslav citizenship on the basis of naturalization, their child under 18 years of age shall also acquire Yugoslav citizenship at their request."
This is applicable to cases where parents, when filing the application for acquiring Yugoslav citizenship, fail to file the application also for their children and, subsequently, after acquiring Yugoslav citizenship themselves, decide to file the application for their minor children.
Form of request and necessary documents
The application should be filed using the prescribed application form. The following documents should be enclosed:
a) Birth certificate;
b) Certificate of Yugoslav citizenship or excerpt from the register of Yugoslav citizenship for both parents;
c) Consent in written form of a child who is over 14 years of age.
DETERMINATION OF YUGOSLAV CITIZENSHIP
Determining of Yugoslav citizenship is applicable to persons living abroad who have acquired Yugoslav citizenship on the basis of origin at the time of birth but have not been entered in the corresponding record of Yugoslav citizens, and to persons who left the territory of Yugoslavia before or immediately after the Second World War.
Legal provision
Regulated by Article 35 of the Law on Yugoslav Citizenship:
"(1) If a person has not been entered in the register of births or the register of Yugoslav citizens, the Federal authority in charge of internal affairs shall determine the citizenship of that person at the request of the latter.
(2) The Federal authority in charge of internal affairs shall render a decision determining Yugoslav citizenship.
(3) If the authority referred to in paragraph 1 of this Article determined Yugoslav citizenship of a person who was born abroad or who has been granted Yugoslav citizenship as an alien, the former shall enter the latter in the register of Yugoslav citizens".
Form of request and necessary documents
Persons living abroad who acquired Yugoslav citizenship at the time of birth on the basis of origin, should enclose to their application using the prescribed form, also the following documents:
a) Evidence that they have not been entered in the register of Yugoslav citizens in the territory of Yugoslavia (according to the place of birth or the place of birth or residence of parents);
b) Birth certificate;
c) Excerpt from the register of Yugoslav citizens for parents, or certificate of citizenship for parents with an indication of the basis and date of entry into the record kept of Yugoslav citizens;
d) Marriage certificate for parents.
Persons who left Yugoslavia before or immediately after the Second World War will enclose, in addition to the application using the prescribed form, the following documents:
a) Evidence that they have not been entered in the record kept of Yugoslav citizens in the territory of Yugoslavia (according to the place of birth or the place of birth or residence of parents);
b) Birth certificate or an excerpt from the Church birth register:
c) Marriage certificate if the marriage was contracted in Yugoslavia:
d) Evidence of citizenship before leaving Yugoslavia (certificate of citizenship, military booklet, passport on which they left Yugoslavia, etc.).
ENTRY IN THE REGISTER OF YUGOSLAV
CITIZENS
(for persons who possessed citizenship of another republic of SFRY or
citizenship of another state established in the territory of SFRY)
Legal provision
Regulated by Article 47 of the Law on Yugoslav Citizenship, which reads:
(1) "Yugoslav citizenship may be acquired by a citizen of the SFRY who has had the citizenship of some other SFRY republic or is a citizen of another state established in the territory of the SFRY and whose residence was in the territory of Yugoslavia on the date of the promulgation of the Constitution of the Federal Republic of Yugoslavia on 27 April 1992, which also goes for his/her children born after that date, and by a citizen of the SFRY who has accepted to serve as professional commissioned or professional non-commissioned officer or civilian employee of the Yugoslav Army, which also goes for members of his/her immediate family (spose and children).
(2) The application for being entered in the register of Yugoslav citizens may be filed with the Federal authority in charge of internal affairs directly or through a competent Yugoslav diplomatic or consular mission.
(3) The application for being entered in the register of Yugoslav citizens in case of a child under 18 of age may be filed by its parent. In case of a child over 14 years of age, its consent is also required for being entered in the register of Yugoslav citizens."
Form of request and necessary documents
The application for being entered in the register of Yugoslav citizens should include biographical data of the applicant, which should stated using the prescribed application form.
The following documents should be enclosed to the application:
1. Identification document (photocopy of ID card, passport or other public document with a photograph);
2. Evidence of residence on 27 April 1992 (photocopy of ID card, certificate of residence, etc);
3. Birth certificate, or certificate of citizenship possessed by the applicant before the filing of the application;
4. Marriage certificate, if the application is filed by a married couple wishing to acquire citizenship at the same time;
5. Consent of a child over 14 years of age for being entered in the register of Yugoslav citizens;
6. Evidence of acceptance to serve as professional commissioned officer or professional non-commisioned officer or a civilian employee of the Yugoslav Army (if the the application is filed by this category of persons or by members of his/her immediate family - spouse and children).
ADMISSION TO YUGOSLAV CITIZENSHIP
(for persons possessing citizenship of another republic of SFRY or who are
citizens of another state established in the territory of SFRY)
Legal provision
Regulated by Article 48 of the Law on Yugoslav citizenship:
"(1) Yugoslav citizenship may be granted to a citizen of the SFRY who has the citizenship of another republic of the SFRY, or is a citizen of another state established in the territory of the SFRY and who is staying in the territory of Yugoslavia as a refugee, expellee or displaced person, or who fled abroad and who files an application for Yugoslav citizenship with the Federal authority in charge of internal affairs.
(2) Yugoslav citizenship may be granted to a citizen of the SFRY who is residing in Yugoslavia or abroad and who does not have the citizenship of another state established in the territory of SFRY.
(3) The Federal and republic authorities in charge of internal affairs shall decide whether the requirements for being granted Yugoslav citizenship referred to in paragraphs 1 and 2 of this Law have been fulfilled, in keeping with their competences established by law taking into account Yugoslavia's interests relating to its security, defence and international status.
(4) Applications for Yugoslav citizenship may be filed with the Federal authority in charge of internal affairs directly or through the relevant Yugoslav diplomatic or consular mission. The applications for Yugoslav citizenship shall be forwarded by Yugoslav diplomatic or consular missions to the Federal authority in charge of internal affairs without delay.
(5) The application for Yugoslav citizenship in case of a child under 18 years of age shall be filed by its parent. In case of a child over 14 years of age the acquisition of citizenship is subject to its consent.
(6) The member repubic whose citizenship the applicant wishes to receive should be stated in the application for Yugoslav citizenship.
(7) Yugoslav citizenship is acquired as of the date of receipt of the decision granting Yugoslav citizenship."
Form of request and necessary documents
The application for admission to Yugoslav citizenship should contain detailed biographical data of the applicant. The biographical data should be stated in the prescribed application form.
In addition to the application, the applicant should enclose the following documents:
1) Identification document (photocopy of ID for refugees or of personal identification card, passport or other public document with a photograph);
2) Evidence of residence abroad (residence permit included in the passport or certificate issued by the competent foreign authority);
3) Birth certificate or certificate of citizenship possessed by the applicant before filing the application (the same document should be enclosed for children if they are included in the application;
4) Marriage certificate, if the application is filed by a married couple for the acqusition of citizenship at the same time;
6) Consent of the child who is over 14 years of age for acquiring Yugoslav citizenship.
RE-ACQUISITION OF YUGOSLAV
CITIZENSHIP (REINTEGRATION)
(for persons who were previously discharged from Yugoslav citizenship but
who wish to resettle in FRY)
Legal provision
Regulated by Article 26 of the Law on Yugoslav Citizenship:
"(1) A person who has been discharged from Yugoslav ctizenship and has acquired foreign citizenship and a person whose Yugoslav citizenship was terminated on the basis of discharge at his/her parents' request or on the basis of renunciation, may acquire Yugoslav citizenship again, if he/she applies for Yugoslav citizenship and if he/she has been staying in Yugoslavia for at least a year.
(2) The application for the re-acquisition of Yugoslav citizenship filed by a person as that from paragraph 1 of this Article, shall be rejected if any of the objections referred to in Article 12, paragraph 1, subparagraphs 1, 4 and 5 of the this Law are existent."
The requirements in Article 12, paragraph 1, subparagraphs 1, 4 and 5 are:
a) That the applicant has reached 18 years of age;
b) tTat he has not been punished in Yugoslavia by a prison sentence for a criminal offence making him unfit for being granted Yugoslav citizenship;
c) That it can be concluded from his conduct that he will respect the legal order of Yugoslavia;
Form of request and necessary documents
The application for the re-acquisition of Yugoslav citizenship, including the supporting documents, should be filed with the Federal Ministry of Internal Affairs (after a stay in FRY for at least a year) using the prescribed application form.
TERMINATION OF YUGOSLAV CITIZENSHIP
1. Discharge from Yugoslav citizenship
2. Renunciation of Yugoslav citizenship
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1. Discharge from Yugoslav citizenship
Legal provision
Regulated by Article 19 of the Law on Yugoslav Citizenship:
"(1) A Yugoslav citizen's Yugoslav citizenship shall be terminated on the basis of discharge, if he applies for discharge and fulfils the following conditions:
1) That he has reached 18 years of age;
2) That there are no objections for reasons of military service;
3) That he has paid taxes and met other statutory commitments;
4) That he has discharged proprietary obligations stemming from marriage and parent and child relations in relation to persons living Yugoslavia;
5) That criminal proceedings are not under way against him in Yugoslavia for a criminal offence which is prosecuted ex officio, and if he has been sentenced to a prison term, that he has served such term;
6) That he has foreign citizenship or evidence that he will be granted foreign citizenship.
(2) The opinion of the Federal authority in charge of internal affairs shall be required in the procedure for the discharge from Yugoslav citizenship applied for by a member of the armed forces or a civilian employed by the Yugoslav Army."
Form of request and necessary documents
The application should be filed using the prescribed application form. The following documents should be enclosed to the application:
a) Birth certificate;
b) Evidence of Yugoslav citizenship (certificate of FRY citizenship, not older than 6 months; excerpt from the birth register stating the fact of citizenship of FRY, not older than 6 months; passport issued by FRY);
c) Certificate issued by the competent military authorities confirming that the person concerned has fulfilled his military obligation;
d) Certificate issued by the competent municipal authorities that the person concerned has fulfilled his tax and other statutory commitments in Yugoslavia (alimony, support of parents, etc.);
e) Certificate issued by the competent court that no criminal proceedings are under way against the person concerned for the criminal offence prosecuted ex officio;
f) Evidence that the person concerned possesses foreign citizenship or a guarantee that he/she will be admitted to foreign citizenship;
g) Written consent of the other parent if the discharge has also been requested for children under 18 years of age;
i) Written consent of the child over 14 years of age;
j) Opinion of the organ of guardianship in Yugoslavia or of the Yugoslav diplomatic or consular mission, if one parent has refused to give consent for the discharge of the child from Yugoslav citizenship, or if the residence of one parent is unknown, or if one parent is deprived of legal capacity or of parental rights.
2. Renunciation of Yugoslav citizenship
Legal provision
Regulated by Article 24 of the Law on Yugoslav Citizenship:
"(1) A Yugoslav citizen of age who was born and lives abroad, and also has a foreign citizenship may renounce his Yugoslav citizenship before reaching the age of 23.
(2) The provisions of Article 21 of the present Law shall apply accordingly with regard to the renunciation of Yugoslav citizenship by a child before reaching the age of 18 years."
Form of request and necessary documents
The statement about the renunciation of citizenship should be in written form. It must include biographical data and reasons for renunciation. The signature on the statement should be certified by the competent Yugoslav diplomatic or consular mission. The following documents should be enclosed to the statement:
a) Birth certificate;
b) Evidence that the person concerned has Yugoslav citizenship (certificate of FRY citizenship, not older than 6 months; birth certificate stating the fact of FRY citizenship, not older than 6 months; passport issued by FRY);
c) Certificate or other evidence of foreign citizenship;
d) Evidence of residence abroad (document issued by the competent foreign authorities including the address).