the foreign husband, and does so at her own request. This approach upholds
two key principles from international law—first, that no one should lose their
nationality until they have already acquired another nationality, and second,
that a woman’s nationality should not be changed or lost without her full
and explicit consent.64 The laws of Bahrain also feature similar protections,
noting that a Bahraini woman cannot lose her nationality in connection with
marriage to a foreign national until and unless she acquires his citizenship.65
Naturalization on the basis of residence
Provision
1. A foreign national who has lived in State X for at least 5 years with a valid
residence permit, may apply to become a national of State X.
Comments
Naturalization due to long residence is the voluntary acquisition of
citizenship by a foreign person, based on prolonged residence. The law
with respect to naturalization due to long residence remains largely at the
domestic discretion of States. As a result, naturalization laws vary widely.
Each State may determine the length of time that a person must live in
their territory before they are eligible for citizenship through naturalization,
and they may also determine whether that length of residency must be
continuous. States may also choose to impose other conditions under which
they will grant citizenship. Ideally, any conditions imposed by the State
should not be excessively onerous for the applicant, and that exceptions be
available for those who may not be able to meet the requirements due to
disability or other reasons. In terms of procedure, so long as an individual
fulfils the requirements of naturalization, it would be preferable that they be
automatically naturalized upon application, rather than upon a decision of
the responsible State authorities.
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