On September 25, 2023, Colombia enacted Law No. 2332, whose objective is to provide comprehensive guidelines, requirements, and procedures concerning the acquisition, renunciation, and recovery of Colombian nationality. (Law No. 2332, art. 1.) The law introduces novel changes and provisions that impact both Colombian nationals and foreign individuals interested in obtaining Colombian nationality.
Among the aspects related to Colombian nationality regulated by the new law are the acquisition of nationality by birth and adoption (art. 3), the process of naturalization and dual nationality (art. 34), restrictions on holding specific public positions (art. 35), the procedure to obtain the certificate of naturalized ancestors (arts. 49–52), and the issuance of a resident visa to those who renounce Colombian nationality while being naturalized (art. 53).
Articles 8–21 and 25–33 address the naturalization process for foreign nationals and for stateless persons, respectively. To acquire Colombian nationality, a foreign national must fulfill specific conditions, including a minimum period of continuous domicile in Colombia. (Art. 4.) The law emphasizes the role of the Ministry of Foreign Affairs in overseeing the naturalization process and sets clear timelines for the review of applications and necessary corrections, enhancing the efficiency and transparency of the procedure. (Arts. 7 & 8.)
Additionally, the law introduces significant modifications to the process of renouncing Colombian nationality for Colombian nationals by birth or adoption. It mandates a specific time frame for the response to the renunciation process, ensuring a prompt and regulated approach to handling such requests. (Arts. 41 & 42.) Furthermore, it establishes the process for renunciation and recovery of Colombian nationality for minors. (Arts. 38 & 45.)
Moreover, the law addresses the process of recovering Colombian nationality for individuals who lost it due to naturalization in another country before the enactment of the Political Constitution of 1991. (Art. 43.) It establishes a mandatory waiting period of two years for individuals who choose to renounce their Colombian nationality before they can reapply for it. (Art. 44.) This law also completely repeals the previous nationality regime contained in Law No. 43 of 1993. (Art. 54.)
Prepared by Stephania Alvarez, Legal Research Fellow, under the supervision of Hanibal Goitom, Chief, Foreign, Comparative, and International Law Division I, Global Legal Research Directorate
Law Library of Congress, November 27, 2023
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