Juan Carlos Sarazua months, and who have shown “good conduct and to have a profession, art, trade or other decorous way of living” are granted access to nationalisation: a) if they provide an important service to Guatemala in different spheres (economic, social or cultural). Based on a shorter period of residence, this condition allows foreigners who have played an important role because of their skills, knowledge and actions to quickly access naturalisation. Like the other conditions for naturalisation, this requirement is favourable to selective immigration. b) If they can prove they have resided three years in another Central American country prior to applying. This is another condition that reinforces the links maintained with the rest of the States of the Isthmus and that has been present in different constitutions. c) If they have “scientific, artistic or philanthropic merit”. In the same way as it was done at the end of the nineteenth century, in the decade between 1944 and 1954, and in more recent years, the arrival of qualified people (engineers, artists and teachers) helped create institutions, centres of diffusion and university professionalisation. In this way, the circulation of people with skills beneficial for the country is facilitated. And, d) if they are stateless or of an indeterminate nationality. This last condition is very particular to Guatemala and to a few cases in the Western Hemisphere, as it allows people who have been left without a nationality to have direct access to legal recognition27. Another important case is that of Guatemalans who have had to renounce to their nationality of origin for a foreign one because the laws of that country require so. Only in such case, can a Guatemalan renounce to his or her nationality, as “once acquired it is inalienable”. As soon as they return to the country and are domiciled, they can recover their nationality28. With regard to foreigners who have settled in Guatemala, the application for naturalisation must follow the respective procedure. It starts with a request to the departmental governor, with the respective documentation that guarantees the requirements established by law, among them, proficiency in Spanish if it is not their mother tongue. Once the official has verified that the documentation meets the requirements established in the law, it passes to the Ministry of Foreign Affairs and the Public Ministry. After the approval of these instances, the file can be passed to the President of the Republic, who decides the issuance of the respective agreement recognising the nationality of the applicant29. 3.2. Modes of Loss of Citizenship The Constitution clearly states that nationality cannot be denied to any Guatemalan, which serves as a shield to prevent people from being denied a right recognised by international conventions. For its part, it also establishes that Guatemalans cannot renounce to their nationality, except when nationalised in another country whose legislation establishes an obligation to withdraw30. In the case of naturalised Guatemalans, the Nationality Law establishes that any person who has been naturalised by relying on false documents is subject to losing the acquired right. This implies the possibility of becoming stateless, a situation that is condemned by international law31. On the other hand, naturalisation rights may also be revoked in 27 Ley de Nacionalidad, 1966, art. 33-34 y Vonk, “Guatemala”. Nacionalidad, art. 3. 29 Ley de Nacionalidad, 1966, art. 34-35. 30 Ley Nacionalidad, art. 3. 31 Vonk. “Guatemala”. Ley de Nacionalidad, art. 22. 28 RSCAS/GLOBALCIT-CR 2020/4 - © 2020 Author 11

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