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Norvegian Citizenship Act

CHAPTER 1 HOW NORWEGIAN NATIONALITY IS ACQUIRED

$ 1 A child acquires Norwegian nationality at birth where:

(a) the mother is a Norwegian national,
(b) the father is a Norwegian national and the child is born in wedlock,
(c) the father is deceased, but was a Norwegian national and married to the mother of the child when he died.

Foundlings who are found within the country are considered Norwegian nationals until information to the contrary is forthcoming.

$ 2 If a Norwegian man and a woman, who is a foreign national, have a child together prior to their marriage, the child acquires Norwegian nationality when they marry, provided the child is unmarried and under 18 years of age.

$ 3 A foreign national who has resided in the realm from the date when he attained 16 years of age and previously for a total of 5 years, acquires Norwegian nationality if he, after the attainment of 21 years of age, but prior to the attainment of 23 years of age makes a written statement before the County Governor of his intention of becoming a Norwegian national. If he does not have the nationality of any country, he may make such a statement as soon as he has attained 18 years of age, provided that he, at the time when he makes the statement, has resided in the realm for at least 5 years and previously has resided here for a least 5 additional years. The same applies if he proves that he loses the foreign nationality by acquiring Norwegian nationality.

If Norway is at war, no national of an enemey state may acquire Norwegian nationality under the provisions of this section. The same applies to a person who is not a national of any state, but whose latest nationality was that of an enemy state.

$ 4 If a person who acquired Norwegian nationality at birth and he resided in his country up to the age of 18 has lost this nationality, he may re-acquire Norwegian nationality by making a written statement before the County Governor of his intention of re-acquiring Norwegian nationality, provided he has lived in this country during the last 2 years. If he is a national of another state, he may not make such a statement unless he can prove that he loses the foreign nationality upon acquiring Norwegian nationality.

$ 5 Where a person acquires Norwegian nationality pursuant to $$ 3 or 4, his unmarries children will likewise acquire Norwegian nationality provided they reside in this realm and are under the age of 18 years and the parents were married when the child was born or have later become married. However, this does not apply to children over which the other one of the parents has the sole parental authority after the marriage has been dissolved or the spouses are divorced or separated by a judgment of the court or an administrative decree.Where a woman acquires Norwegian nationality as stated above, the provisions of the first sentence shall apply correspondingly to children of hers who are born out of wedlock, unless the father of a foreign national and has sole parental authoriyy over the child.

$ 6 The King, or anyone he so empowers, may upon application grant nationality to a foreign national provided the applicant:

(1) is not less then 18 years of age,
(2) has resided in this realm during the last seven years,
(3) has shown good conduct, and
(4) does nog have substantial debt in connection with maintenance payments.

An applicant who has previously been a Norwegian nationality may be granted nationality even though he does not fulfil the above conditions. The same applies to an applicant who is marries to a Norwegian national and lives with the spouse, or if other special circumstances make it appear reasonable to grant nationality. The condition mentioned in the first paragraph under subparagraph (2) may be dispensed in other respects as well, provided the applicant is a national of either Denmark, Finland, Iceland or Sweden.

If the applicant under the law of his home state, us unable to surrender his previous nationality without being granted release from same, he will in general be required to produce evidence of such release within one year.If the applicant has unmarried children under 18 years of age, the authority issuing the certificate of nationality shall decide whether is also includes the children.

CHAPTER 2 HOW NORWEGIAN NATIONALITY IS LOST

$ 7 Norwegian nationality is lost by:

1) a person who acquires the nationality of another state upon application or by express consent;
2) a person who acquires foreign nationality by accepting public service in another state;
3) an unmarried child under 18 years of age who acquires the nationality of another state because either of its parents acquires nationality as mentioned under subparagraph 1) and 2) if he has the custody of the child alone or together with the other parent and the latter is not a Norwegian national.

$ 8 A Norwegian national born abroad loses his Norwegian nationality upon reaching the age of 22 provided he until that date has never lived in this realm nor has stayed here under circumstances giving evidence of a closer relationship with Norway. However, where such person, before reaching the age of 22, applies to keep his nationality, the King or anyone empowered by him, may grant the applicant such a certificate. The provisions of this paragraph do not apply where he has lost his Norwegian nationality pursuant to $ 9a, second paragraph, first sentence.

If a person loses Norwegian nationality under this section, his children likewise lose their nationality acquired through him, unless the child through such loss will be without nationality in any country.

$ 9 A Norwegian national may upon application be released from his Norwegian nationality by the King, of by anyone the King so empowers, provided the applicant is a national of another country, or intends to become one. Release connot be denied a person permanently residing outside the realm.

If the applicant does not hold any foreign nationality, his release shall be subject to the condition that the acquires such foreign nationality within a stipulated period of time.

$ 9a The King may conclude agreements with other countries to the effect that the provisions of the subsequent second and third paragraphs shall be applicable. The term "contracting state" in this section shall mean a country with which such an agreement has been concluded.

A Norwegian national who is also a national of such a contracting state loses Norwegian nationality upon reaching the age between 19 and 22 years, which age shall be stipulated in the agreement, provided he at that time is a resident in, and for the last five years has been without interruption a permament resident in that state. At he same time his children lose the nationality they have from him, unless the children in such case would be without any nationality at all or unless otherwise provided in the agreement.

Where a person has lost his Norwegian nationality pursuant to the first sentence of the second paragraph and after that time has continuously been a national of the contracting state, he will be given back his Norwegian nationality provided he takes up residence in this realm and then makes a statement to the County Governor in writing that he wants to be a Norwegian national. The provisions of $ 4 second sentence and $ 5 shall apply correspondingly.

$ 10 The King may enter agreements with Denmark, Finland, Iceland and Sweden with a view t applying one or more of the provisions under A), B), and C) below. The term "Nordic contracting state" in this section shall mean a state with which such agreement has been concluded.

A. Residence in a Nordic contractint State at the latest 5 years before the statement is made, but not after the attainment of 16 years of age, shall with respect to the provisions of $ 3 be considered the equivalent of residence in the realm.

Residence in a Nordic contracting state till the attainment of 12 years of age shall with respect to the provisions of $ 4 be considered the equivalent of residence in the realm.The provisions of $ 8, first paragraph shall not apply to persons who for at least a total of seven years have been resident in a Nordic contracting state.

B. A national of a Nordic contracting state who:

(1) has not acquires his nationality there by naturalization;
(2) has attained the age of 18 years;
(3) has resided in the realm during the last 7 years, and
(4) during this period has not been sentenced to imprisonment or detention under the provisions of $ 39 or $ 39a of the General Civil Penal Code,acquires Norwegian nationality by making a statement before the County Governor of his intention of becoming a Norwegian national. The provisions of $ 5 shall apply correspondingly.

C. If a person has lost his Norwegian nationality and has thereafter been a national of a Nordic contracting state only, he acquires Norwegian nationality provided he takes up residence in the realm, and thereafter makes a statement before the District Governor of his intention of becoming a Norwegian national. The provisions of $ 5 shall apply correspondingly.

CHAPTER 4 MISCELLANEOUS PROVISIONS

$ 11 A child mentioned under $ 1, first paragraph, subparagraph (2), who is under 18 years of age at the time when this Act enters into force, acquires as from that time Norwegian nationality, provided he is not and has not been a national of any other state.

$ 12 A person attaining the age of 22 within one year after this Act has entered into force, may make a statement as provided in $ 3 until he has reached the age of 24.

$ 13 A woman who has lost her Norwegian nationality under the Act of 21 April 1888 of the Act of 8 august 1924 by reason of her marriage to a man who at the time was a national of another state, or has subsequently acquired foreign nationality, re-acquires Norwegian nationality, provided she would not have lost it under this Act, by making, at the latest within 5 years from the entry into force of this Act, a written statement before such an authority as the King prescribes, stating her intention of becoming a Norwegian national. However, if she lost her Norwegian nationality because she married a national of an enemy state during the period 9 april 1940 - 31 December 1948 this provision does not apply, unless she resides in Norway when this Act enters into force or takes up residence in this country before expiry of the stipulated five-years period.

$ 14 A person who has lost Norwegian nationality under $ 6b of the Act of 21 April 1888 because he has left the country with the intention of not returning, but who would not have lost it under $ 8 of this Act, re-acquires Norwegian nationality by making a written statement before such authority as the King prescribes, stating his intention of becoming a Norwegian national. A person who has become a national of another state may not make such statement. The provisions of $ 5 shall apply correspondingly, though it is not required that the child should reside in this realm.

$ 15 A woman, who is married or has been married and who attains the age of 22 within the first three years after this Act has entered into force, does not lose her nationality under $ 8 before the expiry of the three-year limit.

$ 16 The guardian makes the application under $$ 6,8 and 9 if the person concerned is below 18 years of age or if he cannot act for himself because he is insane. Otherwise it is the person concerned who makes the application. Statements according to $ 3 (cf.$ 12), $4, $9, $10 litera B and C, $13 and $14 cannot be submitted by the guardian.

$ 17 The King or the authority the King so empowers, shall issue such regulations as are required for the implementation of this Act.

$ 18 This Act shall enter into force on 1 January 1951. If any of its provisions is at variance with a provision in a treaty, it is the treaty provision which shall prevail.This Act also applies to Svalbard (Spitzbergen) and Jan Mayen, though as regards $$ 3 and 4 only to the extent prescribed by the King.

 

NORWEGIAN INSTRUCTIONS FOR THE FOREIGN SERVICE 8 $ 14

1. Applications for the acquisitions, retention of or release form Norwegian nationality shall be submitted to Utlendingsdirektoratet together with any supplementary information and the Station's statement of opinion.

2. Notification under $ 14 of the Act relating to Norwegian nationality of 8 December 1950 by a person who has lost his Norwegian nationality in accordance with $ 6b of the Act relating to Norwegian nationality etc. of 21 April 1888 by reason of having departed from the country permanently, may be submitted to a Career Station.

A certificate concerning the re-acquisition of Norwegian nationality under this provision shall be stamped and signed by the Head of Station, or in his absence, by his deputy.

3. If there is any doubt as to wether a person, applying for assistance at a Foreign Service Station, is a Norwegian national, the Station shall provisionally make its decision in respect of the application for assistance on the basis of the information to hand. At the same time the question of nationality shall be referred to Utlendingsdirektoratet.

 

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