6.
VOLUNTARY LOSS OF NATIONALITY
International framework
International law protects the right to change one’s nationality (Article 15(2) UDHR).
However, this right is limited by important constraints, including that individuals
should not be able to change their nationality if this would result in statelessness.36
States should only accept renunciation if the individual possesses another nationality
or is granted official, non-discretionary, and unconditional assurance in writing that
they will acquire a nationality imminently.37 If the nationality of the other State is
not acquired, States should ensure that the individual will automatically re-acquire
their nationality and/or deem that this has never been lost.38 Where States do not
permit multiple nationalities for naturalised nationals, they should allow for a ‘grace
period’, of no less than one year after naturalisation, during which individuals may
renounce their nationality of origin. If naturalisation is conditional upon renunciation
of a former nationality, the general obligation to avoid statelessness under the 1961
Convention prohibits States from retracting an assurance that they would grant
nationality to a person, on grounds that conditions of naturalisation are not met.39
Good practice
Almost all 27 Index countries demonstrate good practice in this area, with legal
safeguards preventing statelessness in cases of renunciation of nationality. Some
countries, such as Portugal and the Netherlands, have especially strong safeguards,
requiring that renunciation only takes place after the person concerned has acquired
another nationality. In other cases, such as Hungary and Moldova, renunciation is
accepted only if there is an official confirmation or promise to grant the nationality
of another State. Some countries also have procedures to reacquire the original
nationality if the new nationality is not acquired. In North Macedonia, reacquisition is
automatic if the person does not acquire the other nationality within a year. In the UK
and Norway, renunciation is considered to have no effect if the individual does not
acquire another nationality after six months. In some instances, such as in Albania
and Croatia, reacquisition is subject to conditions.
Risk of statelessness as a result of voluntary loss of nationality
Time limits for the individual to reclaim nationality
In Croatia, although the legislation states that a decision to renounce nationality may
be annulled if a person does not acquire the nationality of another State, the law also
includes a time limit for the person to act. Individuals have six years from the moment
of renunciation to make an application for annulment of the renunciation. This means
that individuals could be left stateless if they do not act within the set time limit, which
is contrary to Article 7 of the 1961 Convention.
Conditions relating to strict single nationality rule
In Austria, the Nationality Act requires that all previous nationalities (including
other EU nationalities) are relinquished in order to acquire Austrian nationality
through naturalisation. Applicants for Austrian nationality receive only a temporary
guarantee of grant of Austrian nationality, conditional upon the individual fulfilling the
requirements for naturalisation. There is a risk of statelessness if, after relinquishing