NEW NORWEGIAN LAW ON DUAL CITIZENSHIP AND HOW GHANAIANS CAN APPLY FOR DUAL CITIZENSHIP
The Embassy of the Republic of Ghana has been informed by the Norwegian Directorate of Immigration (UDI) through the Royal Norwegian Ministry of Foreign Affairs that in accordance with the Agreement on the interpretation of Article 12, paragraph 2, of the Norwegian Nationality Act, 2 April 2007, the Government of the Kingdom of Norway has denounced Chapter 1 of the Convention on the reduction of cases of multiple nationality. Accordingly, as of 1st January, 2020, dual citizenship or multiple citizenship is accepted by the Norwegian Nationality Act.
The following are to be noted:
- Norwegian citizenship will after 1st January, 2020 no longer be lost by the acquisition of the citizenship of another country;
- Furthermore, renouncing any former citizenship(s) is no longer a requirement for acquiring Norwegian Citizenship by naturalization;
- Former Norwegian citizens who have lost their Norwegian citizenship prior to these changes, may recover Norwegian citizenship by notification in accordance with Article 22(a) of the Norwegian Nationality Act;
- The Norwegian Directorate of Immigration (UDI) will no longer notify Embassies of a person’s acquisition of Norwegian citizenship;
- The UDI will not be able to issue individual confirmations stating that the re-acquisition of former citizenship(s) will not lead to the loss of Norwegian citizenship; and
- In accordance with the Norwegian Nationality Act, it is allowed to have one or more citizenships in addition to a Norwegian citizenship
Meanwhile, the Norwegian authority has advised that all applicants should consult the following webpage for more information and guidelines on how to apply for Dual citizenship:
GHANA’S LAWS ON DUAL CITIZENSHIP
According to Article 8 of the 1992 Constitution of the Republic of Ghana:
- A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana. (Dual citizenship)
- THE CITIZENSHIP REGULATIONS,2001 (L.I.1690)
A. It is worthy to note that in Ghana, the Citizenship Regulations, 2001 (L.I.1690) gives details about Dual citizenship. The Regulations indicates as follows:
- A citizen who holds the citizenship of any other country in addition to the citizenship of Ghana shall register as a dual national in Ghana;
- The registration as a dual citizenship is in accordance with section 16 (3) of the Act; and
- The certificate of Dual Citizenship shall be issued by the Ministry of Interior of the Republic of Ghana.
- A citizen who holds the dual citizenship of another country in addition to the citizenship of Ghana shall –
- Be issued with a Ghana passport or travel document;
- Be permitted to remain in the country without limitation if the person entered the country on a Ghana Passport; and
- Leave Ghana on the same passport that the person used to enter the country.
However, it is noteworthy that, a dual national commits an offence when a Ghana passport is used by the person interchangeably with the passport of another country to deceive an immigration officer and is liable on conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding a year or to both.
- RESTRICTIONS IN THE AREA OF OFFICE HOLDING AS A DUAL CITIZEN
Without prejudice to article 94(2)(a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his/her citizenship of Ghana:
a. Ambassador or High Commissioner;
b. Secretary to the Cabinet;
c. Chief of Defence Staff or any Service Chief;
d. Inspector-General of Police;
e. Commissioner, Customs, Excise and Preventive Service;
f. Director of Immigration Service; and
g. Any Office specified by an Act of Parliament.
Article 94 (2)a states that:
A person shall not be qualified to be a Member of Parliament if he
owes allegiance to a country other than Ghana.
Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship by virtue of that marriage shall, on the dissolution of that marriage, become citizen of Ghana.
WHO IS A CITIZEN OF GHANA?
- Every person who, on the coming into force of the 1992 Constitution of the Republic of Ghana, is a citizen of Ghana by-law shall continue to be a citizen of Ghana;
- Subject to the provisions of the Constitution, a person born in or outside Ghana after the coming into force of this Constitution, shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana;
- A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth; and
- A child of not more than sixteen years of age neither of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana.
PERSONS ENTITLED TO BE REGISTERED AS CITIZENS OF GHANA
- A woman married to a man who is a citizen of Ghana or a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered as a citizen of Ghana;
- Clause (1) of this article applies also to a person who was married to a person who, but for his or her death, would have continued to be a citizen of Ghana;
- Where the marriage of a woman is annulled after she has been registered as a citizen of Ghanaunder clause (1) of this article, shall continue to be a citizen, unless she renounces that citizenship, continue to be a citizen of Ghana;
- Any child of a marriage of a woman registered as a citizen of Ghana under clause (1) of this article to which clause (3) of this article applies, shall continue to be a citizen of Ghana unless he renounces that citizenship;
- Where upon an application by a man, for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good-faith and the authority may only effect the registration upon being so satisfied; and
- In the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in Ghana.
INFORMATION FROM THE MINISTRY OF THE INTERIOR
The Ministry has advised that since the Norwegian Citizenship Act takes retrospective effect, Ghanaians who have lost their Ghanaian Citizenship prior to the revision of the Act will be required to formally apply for reinstatement of their Ghanaian citizenship to enable them to apply for Dual Citizenship.
REQUIREMENTS FOR DUAL CITIZENSHIP/NATIONALITY
(information from the Ministry of the Interior webpage)
- Letter of Application for registration as a dual citizen, addressed to the Hon. Minister for the Interior.
- Purchase of Dual Citizenship Form at the Ministry of the Interior or our Diplomatic Missions abroad.
- Copies of bio-data page of both Ghanaian and Norwegian passports.
- Four (4) recent passport sized photographs. (white background)
- Copy of birth certificate
For children born outside Ghana, the following are also required:
- Copy of Birth Certificate
- Copy of Ghanaian parent’s passport
- Copy of bio-data page of child’s Ghanaian and Norwegian passport
Replacement of dual citizenship cards
- Application letter
- Police report
- Photocopy of Dual Citizenship card/certificate
- Payment of processing fee
- Two (2) recent passport sized photographs.
- In cases where the application does not meet the requirement, the application is sent back to applicant to meet all the requirements. If this happens, the process must begin all over again.