Citizenship & Dual Citizenship

CITIZENSHIP

 DEFINITION OF A CITIZEN OF UGANDA

Chapter 3 Articles 9-12 of the 1995 Constitution as amended states that

Article 9 - Citizenship by default Every person who, on the commencement of the 1995 Constitution, was a citizen of Uganda shall continue to be such a citizen.

Article 10 - Citizenship by birth/descent The following persons shall be citizens of Uganda by birth- (a) every person born in Uganda one of whose parents or grandparents is or was a member of any of the indigenous communities existing and residing within the borders of Uganda as at the first day of February, 1926 and set out in the Third Schedule to this Constitution; and (b) every person born in or outside Uganda one of whose parents or grandparents was at the time of birth of that person a citizen of Uganda by birth.

 Article 11 - Foundlings and adopting children (1) A child of not more than five years of age found in Uganda, whose parents are not known, shall be presumed to be a citizen of Uganda by birth. (2) A child under the age of eighteen years neither of whose parents is a citizen of Uganda, who is adopted by a citizen of Uganda shall, on application, be registered as a citizen of Uganda.

Article 12 - Citizenship by registration (1)Every person born in Uganda- (a) at the time of whose birth- (i) neither of his or her parents and none of his or her grandparents had diplomatic status in Uganda; and (ii) neither of his or her parents and none of his or her grandparents was a refugee in Uganda; and (b) who has lived continuously in Uganda since the ninth day of October, 1962. shall, on application, be entitled to be registered as a citizen of Uganda- (2) The following persons shall, upon application be registered as citizens of Uganda- (a) every person married to a Uganda citizen upon proof of a legal and subsisting marriage of three years or such other period prescribed by Parliament: (b) every person who has legally and voluntarily migrated to and has been living in Uganda for at least ten years or such other period prescribed by Parliament; (c) every person who, on the commencement of this Constitution, has lived in Uganda for at least twenty years. (3) Paragraph (a) of clause (2) of this article applies also to a person who was married to a citizen of Uganda who, but for his or her death, would have continued to be a citizen of Uganda under this Constitution. (4) Where a person has been registered as a citizen of Uganda under paragraph (a) of clause(2)of this article and the marriage by virtue of which that person was registered is- (a) annulled or otherwise declared void by a court or tribunal of competent jurisdiction; or (b) dissolved, that person shall, unless he or she renounces that citizenship, continue to be a citizen of Uganda.

Article 13 Citizenship by naturalization Parliament shall by law provide for the acquisition and loss of citizenship by naturalization. Loss of citizenship by registration Click here to start your application for Citizenship by naturalization 

LOSS OF CITIZENSHIP

Article 14 A person may be deprived of his or her citizenship if acquired by registration,on any of the following grounds- (a) voluntary acquisition of the citizenship of another country; (b) voluntary service in the armed forces or security forces of a country hostile to, or at war with Uganda; (c) acquisition of Uganda citizenship by fraud, deceit, bribery, or having made intentional and deliberate false statements in his or her application for citizenship; and (d)espionage against Uganda.

 Where the law of a country other than Uganda,requires a person who marries a citizen of that country to renounce the citizenship of his or her own country by virtue of that marriage, a citizen of Uganda who is deprived of his or her citizenship by virtue of that marriage shall, on the dissolution of that marriage, if he or she thereby loses his or her citizenship acquired by that marriage, become a citizen of Uganda

DUAL CITIZENSHIP

In Uganda, dual citizenship means the simultaneous possession of two citizenship's of which one is Uganda. The possession of a third citizenship disqualifies one from holding or being a dual national of Uganda unless the third citizenship is renounced.

Until 2009, dual citizenship was prohibited in Uganda by Article 15 of the Constitution. Article 15 was amended by constitutional amendment No . Pursuant to which the Uganda Citizenship and Immigration Control (Amendments) Act 2009 was enacted providing for dual citizenship in Uganda.

 The amendment was passed following the realization that Ugandans in the Diaspora make enormous contribution to the economic and socio-development of Uganda and the Government's need to:

i.    enable Ugandans in the Diaspora maintain linkages with their roots without any legal hindrances

ii.   Attract potential investors

iii.    Reap advantages that accrue from the grant of dual citizenship.

Conditions for dual citizenship are detailed in the Uganda Citizenship and ImmigrationControl (Amendment) Act 2009. All Ugandans who lost their Ugandan citizenship prior to 2009 by way of obtaining citizenship of another country can now reacquire their former Ugandan citizenship. Ugandans who desire to acquire citizenship of another country can also do so without losing their Ugandan citizenship. 

A citizen of Uganda of eighteen years and above who voluntarily acquires citizenship of another country may retain the citizenship of Uganda subject to the Constitution (of Uganda), the Citizenship and Immigration Act, and any law enacted by Parliament.

A person who is not a citizen of Uganda may, on acquiring the citizenship of Uganda, subject to the Constitution, the Citizenship and Immigration Act and any other law enacted by Parliament, retain the citizenship of another country.

 WHO QUALIFIES TO HOLD DUAL CITIZENSHIP IN UGANDA?

i.    Any person holding Uganda citizenship and seeks citizenship of another country that allows dual citizenship and also fulfills the requirements for dual nationality OR

ii.    Any person who holds a citizenship of a country that permits dual nationality and also seeks Uganda citizenship and satisfies the requirements for grant of dual citizenship.

 PROCEDURES FOR RETAINING THE CITIZENSHIP OF UGANDA WHEN ONE ACQUIRES CITIZENSHIP OF ANOTHER COUNTRY?

i.    A citizen of Uganda who desires to acquire the citizenship of another country while retaining his/her citizenship of Uganda shall give notice in writing to the National Citizenship and Immigration Board of his or her application for the citizenship of another country

ii.    The notice above shall be in the prescribed form and shall be accompanied by:
a.    A statutory declaration stating that he or she is a citizen of Uganda only  where the person is a citizen of Uganda and another country, a declaration of renunciation of the Citizenship of the third country evidence that the applicant is of or above eighteen years of age.
b.    A copy of the application for citizenship of that other country.
c.    Any other relevant information

 OFFICES IN UGANDA WHICH CAN NOT BE HELD BY A DUAL CITIZEN

 a)     President of Uganda

b)    Vice President

c)     Prime Minister

d)    Cabinet Minister and other Ministers

e) Inspector General and the Deputy Inspector General of Government

f) Technical Head of the armed forces
     
g) Technical heads of Branches of the armed forces
          
h) Commanding Officers of armed forces units of at least battalion strength
     
i) Officers responsible for heading departments responsible for records, personnel and logistics in all branches of the armed forces
     
j) Inspector General of Police and Deputy Inspector General of Police
    
k) Heads and Deputy Heads of National Security and Intelligence Organizations,(ESO, ISO & CMI)
     
l) Member of the National Citizenship and Immigration Board

 SUMMARY CHECK LIST FOR DUAL CITIZENSHIP APPLICANTS

a) Duly completed dual citizenship application form and have it commissioned or Notarized by a High Court Judge or Notary Public. http://immigration.go.ug/downloads/dual-citizenship-forms

b)  Cover letter addressed to the secretary of the National citizenship and Immigration Board
c)  Letter of good conduct from the home country or Interpol.

d)    Proof that the applicant has been granted citizenship by registration ( only applicable to foreigners who have been granted Ugandan Citizenship by Registration).
e)    Evidence that the second country other than Uganda allows dual citizenship (e.g. letter from immigration authority or High Commission or consulate of that other country or copy of the provisions of laws permitting dual citizenship of that other country ).
f)    Two (2) recent Passport size photos of applicant.
g)    Evidence that the applicant or his/her parents or grandparents have ever resided in Uganda for at least ten years.
h)    Medical report of sanity of the applicant.
i)    Proof that the applicant is above 18 years of age e.g.birth certificate.
j)    Evidence that the applicant has adequate knowledge of English, Swahili or
k)    Evidence that the applicant was formerly a Ugandan (only applicable to Ugandans in the Diaspora ).

l)   Any of the prescribed vernacular languages.

Click here for a list of requirements to apply for dual citizenship.

Read the Dual Citizenship Act 2009 for more information.

For details, visit the website of the Directorate of Citizenship and Immigration Control.