by EUDO CITIZENSHIP expert Espen D. H. Olsen, Arena, University of Oslo
The Norwegian Citizenship has been revised in 2012 and 2013. This brief note summarizes both amendments.
In 2012, minor procedural revisions to the Norwegian Citizenship Law were passed by the Norwegian Parliament (Stortinget) on 19 March 2012. The revisions followed the law proposition described here. Concretely the amendment aims to clarify which identity papers are required for naturalisation applications; to streamline time of suspension for applicants with a criminal record (all prison penalty must have be fully served); to allow applications also from persons who have not had residence permits exceeding one year; to make it easier to reapply for citizenship for former citizens below the age of majority; to open the law for naturalisation of children under the age of two with no residence requirements (in cases where one parent is a Norwegian citizen); to treat applicants who applied as minors as that and not as adults if they turn 18 during the processing of the application; and to replace the formula that naturalisation can be denied in cases involving the ‘security of the realm’ with a reference to ‘basic national interests’. These revisions did not alter the main principles of the Citizenship Law which has been in place since the last major revision in 2005. These principles include citizenship acquisition through ius sanguinis, prohibition of dual nationality and a residence requirement of seven years.
In addition to these procedural changes, on March 8, 2013 the Parliament added an article 5a which states that in cases where a child born to a surrogate mother abroad and parenthood is lawfully transferred to a Norwegian citizen, the child automatically receives Norwegian citizenship. This new paragraph follows from a temporary law passed on March 8, 2013 on transfer of parenthood. This law was passed after a series of controversial cases of surrogacy where some parents and children have been caught in legal quagmire due to unclear rules on transfer of parenthood. The law was passed to secure the rights of children born by surrogate mothers before a permanent legal solution is decided by the Norwegian Parliament. It is still unclear what a more permanent solution may look like as surrogacy is at the present not legalised by Norwegian law. The temporary “surrogacy law” will be revoked on 31 December 2015 and art. 5a of the Citizenship Law will then also be revoked.
09/01/2014