Patrícia Jerónimo 3.3. Reacquisition of Timorese citizenship Except for the cases of withdrawal of Timorese citizenship against individuals’ will, listed in Article 14 (2) of the Nationality Act, the loss of Timorese citizenship is not irreversible. Timorese citizenship can be reacquired under the terms set by Articles 15 to 17 of the Nationality Act and by Articles 18 and 19 of the Nationality Regulation. Article 15 of the Nationality Act distinguishes between cases in which the declaration of the wish not be Timorese was made by the parents on behalf of their underage children and cases of renunciation by adults, a distinction which does not seem to make much sense given that at no point in the Nationality Act are parents allowed to declare their wish for their underage children not to be Timorese. The only provision in the Nationality Act which allows parents to make decisions regarding their underage children’s citizenship is Article 9 and what is foreseen there is the acquisition (not the loss) of Timorese citizenship. So it is not very clear in which circumstances Article 15 (1) and (2) will apply. Article 15 (1) of the Nationality Act reads: ‘If Timorese citizenship is lost by children due to declaration made by the parents while the children are underage, the affected citizens may reacquire citizenship by option after reaching majority’. It is required, however, that the ‘citizens’ prove to have residence established in national territory for at least one year [Article 15 (2)]. It is not clear what is meant by the use of the term ‘option’ in Article 15 (1). It is not replicated in Article 18 (1) of the Nationality Regulation, which for the rest is very similar to Article 15 (1) and (2). One way to interpret it is as meaning that individuals in these circumstances are legally entitled to reacquire Timorese citizenship without room for opposition by the Public Prosecutor under Article 16 of the Nationality Act. Such an interpretation is supported by the fact that Article 15 (1) and (2), unlike Article 15 (3), does not refer to a ‘decision by the Minister of Justice’. However, Article 16 of the Nationality Act refers generally to reacquisition, which can be taken to mean that it also applies to the cases (if there are any) under Article 15 (1) and (2). Article 15 (3) of the Nationality Act applies to cases of renunciation to Timorese citizenship by individuals who voluntarily acquired a foreign citizenship and by children of Timorese citizens born abroad who declared their wish not to be Timorese upon reaching majority. They may reacquire Timorese citizenship, by a decision of the Minister of Justice,135 provided that they have established residence in national territory for at least five years at the time of the request. Article 15 (3) of the Nationality Act is replicated by Article 18 (2) and (3) of the Nationality Regulation. The Public Prosecutor may oppose the reacquisition of Timorese citizenship on the following grounds: (a) clear inexistence of any effective ties to Timorese society; (b) conviction for crime punishable with prison sentence of more than eight years; (c) conviction for crime against the internal or external security of Timor-Leste; (d) exercise of sovereign functions on behalf of a foreign state without the Timorese government’s permission; and (e) rendering of military service in favour of a foreign state, outside of the cases expressly authorised [Article 16 of the Nationality Act]. As noted a propos the grounds for opposing the acquisition of Timorese citizenship, it is difficult to understand why a foreigner, even if a former Timorese citizen residing in Timor-Leste, would need the Timorese government’s permission to render services to a foreign State. The Public Prosecutor has six months to 135 38 Again, the actual wording is Ministry of Justice. RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author