Singaporean nationality law

Singaporean nationality law is derived from the Constitution of Singapore and is based on "jus sanguinis" and a modified form of "jus soli". There are four ways of acquiring Singaporean citizenship: by birth, by descent, by registration or by naturalisation. [ [http://statutes.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?&actno=Reved-CONST&date=latest&method=part Constitution of the Republic of Singapore] (1999 Reprint).]

History of Singaporean citizenship

Singaporean citizenship was first granted in 1957 when Singapore was a self-governing colony of the United Kingdom. A Citizenship Ordinance provided Singaporean citizenship to all residents who were born in Singapore or the Federation of Malaya, British citizens who had been resident for two years, and others who had been resident for ten years. [cite book|last=Lepoer|first=Barbara Leitch (ed.)|title=Singapore : A Country Study|url=http://countrystudies.us/singapore/10.htm|location=Washington, D.C.|publisher=GPO for the Library of Congress|year=1989, ch. 10 ("Road to Independence").] Singaporeans were still considered British subjects at that time.

All Singaporean citizens became Malaysian citizens on 16 September 1963 upon Singapore's merger with the Federation of Malaysia on that date. Malaysian citizenship was governed by Malaysian nationality law.

Upon Singapore's secession from the Federation of Malaysia on 9 August 1965, a new Constitution came into effect. With regard to Singaporean citizenship, it repealed the 1957 Ordinance and granted Singaporean citizenship to all persons who were citizens as of 16 September 1963 by virtue of the Ordinance.

The Constitution was amended in 2004 to allow female citizens and citizens by descent to transmit their citizenship to children born overseas. For this to occur, citizens by descent must satisfy certain residency requirements.

Citizenship by birth

A person is a Singaporean citizen by birth if he or she is born in Singapore with at least one parent who is a Singaporean citizen.

However, a child whose father is a foreign diplomat who enjoys immunity in Singapore will not be granted Singaporean citizenship even if his or her mother is Singaporean. The gender-specific language of this clause allows an unusual scenario where a child born in Singapore whose mother is a foreign diplomat and whose father is Singaporean will obtain Singaporean citizenship by birth but not if the gender roles are reversed.

Citizenship by descent

A person born outside Singapore on or after 15 May 2004, with at least one parent who is a Singaporean citizen, is a Singaporean citizen by descent. If the parent from whom the child derives citizenship is a Singaporean citizen by descent, the parent must have been resident in Singapore for a total of at least four years before the child's birth or a total of at least one year out of the five years immediately preceding the child's birth. [ [http://app.ica.gov.sg/pressrelease/pressrelease_view.asp?pr_id=220&categoryYear=2004 News release - Immigration and Checkpoints Authority] ]

A person born outside Singapore before 15 May 2004 will be a Singaporean citizen by descent only if his or her father was a Singaporean citizen by birth or by registration at the time of birth.

In all cases, children of Singaporean citizens by registration born overseas will be granted Singaporean citizenship by descent only if they do not acquire citizenship of the country of their birth.

Citizenship by registration

Registration is the term used in the Constitution to refer to the process commonly known as naturalisation. A person can apply for registration as a Singaporean citizen if he or she has been a Permanent Resident for at least two years and is gainfully employed or married to a Singaporean citizen. A male Permanent Resident may also apply upon satisfactory completion of full-time National Service, as may children of Singaporean citizens resident in Singapore. [ [http://app.ica.gov.sg/serv_citizen/citizenship/app_citizen.asp Eligibility for Singaporean citizenship - Immigration and Checkpoints Authority] ] Each application is considered on its own merits.

Citizenship by naturalisation

Although provided for in the Constitution, citizenship by naturalisation is no longer granted. [http://www.wwlegal.com/module-subjects-viewpage-pageid-14.html Citizenship in Singapore - WWLegal] ] The government instead uses the constitutional provision for citizenship by registration to grant citizenship to resident aliens.

Dual citizenship

Dual citizenship is generally not recognised in Singapore [ [http://www.sif.org.sg/os/whkpdf/immigration.pdf Immigration and Citizenship - Singapore International Foundation] ] , but is possible under certain circumstances. Singaporean citizens who acquire citizenship of a foreign country after the age of 18 may lose Singaporean citizenship. Foreigners who naturalise as Singaporean citizens are required to renounce all foreign citizenships. Minors who are dual or multiple citizens by birth on foreign soil, by descent from foreign parents or by naturalisation before the age of 18 are required to renounce all foreign citizenships by the age of 22 or may lose their Singaporean citizenship.

The prohibition of dual citizenship is a contentious issue in Singapore. As the economy has become more global and Singaporeans have become more mobile, many Singaporeans have acquired foreign citizenships and reluctantly renounced their Singaporean citizenship even though they may feel a strong emotional attachment to Singapore. Immigrants who have been resident in Singapore for long periods and qualify for Singaporean citizenship may be reluctant to become naturalized citizens as it would mean giving up the citizenship of their native countries. Those who are dual citizens at birth may find it unjust that they are denied their birthright to citizenship of other countries where they were born or that of their parents. Male dual citizens are also not allowed to renounce Singaporean citizenship after the age of 11 and before attaining majority at the age of 21, such that they have to serve National Service at the age of 18 for a country to whom allegiance they may almost immediately abjure. [ [http://singapore.usembassy.gov/military_service_in_singapore.html Dual Nationality - U.S. Embassy Singapore] ]

The government's rationale for not allowing dual citizenship is that Singapore is a young and vulnerable nation which cannot afford to allow its citizens multiple allegiances which may be compromised in times of national crisis. Citizens without a second citizenship may feel aggrieved if dual citizens enjoy the benefits of citizenship during periods of wealth but leave the country in trying times. [cite news|last=Wong|first=Siew Ying|title=Singapore Won't Go the Path of Dual Citizenship: SM Goh|url=http://www.channelnewsasia.com/stories/singaporelocalnews/view/149776/1/.html|publisher=Channel NewsAsia|date=2005-05-27] . Nevertheless, the government is open to the possibility of allowing dual citizenship if local and global circumstances demand so. [cite news|last=Paulo|first=Derrick A.|title=Time Not Ripe for Dual Citizenship|url=http://www.todayonline.com/articles/138233.asp|publisher=Today|date=2006-08-24]

Commonwealth citizenship

All Singaporean citizens are Commonwealth citizens and are entitled to certain rights in the United Kingdom and other Commonwealth countries. However, Singaporean citizens do not receive consular assistance from British embassies in non-Commonwealth countries without a Singapore representative unlike other Commonwealth nations, due to the Singapore government's option not to afford Singaporeans this privilege.

References

Further reading

*cite book|last=Chiew|first=Seen Kong|coauthors=Tan Ern Ser|title=The Singaporean : Ethnicity, National Identity and Citizenship : Singaporean Identity and Citizenship|location=Singapore|publisher=Institute of Policy Studies|year=1990
*cite book|last=Goh|first=Phai Cheng|authorlink=Goh Phai Cheng|title=Citizenship Laws of Singapore|location=Singapore|publisher=Educational Publications Bureau|year=1970
*cite book|last=Tan|first=Kevin Y.L. (Yew Lee)|coauthors=Thio Li-ann|title=Tan, Yeo & Lee's Constitutional Law in Malaysia and Singapore|edition=2nd ed.|location=Singapore|publisher=Butterworths Asia|year=1997|id=ISBN 0-409-99908-3 (pbk.), ch. 10 ("Citizenship")

ee also

*Immigration and Checkpoints Authority
*Immigrant workers in Singapore
*National Registration Identity Card
*Nationality law
*Singapore passport