Citizenship in Mexico is determined by a number of laws, but primarily by the Constitution. The 30th article of the Mexican Constitution talks about the acquisition of citizenship, the 31st — on the obligations of Mexicans, Article 32 defines the rights of Mexicans who have dual citizenship. The last article establishes norms that help avoid conflicts that may arise under the condition of dual citizenship. In general, Mexican citizenship is based on the principles of both jus sol and jus sanguinis. The Mexican Constitution also distinguishes between Mexicans by birth and by naturalization.
According to Article 30 of the Mexican Constitution, there are two ways in which a person can acquire Mexican citizenship: by birth or by naturalization. Mexican citizens by birth are:
- children born in Mexican territory, regardless of the nationality of the parents and their immigration status in the country,
- children born abroad to a Mexican citizen by birth,
- children born abroad to a Mexican citizen by naturalization,
- children born on board Mexican ships or aircraft, whether military or commercial, regardless of the nationality of the parents,
- children born to Mexican diplomats or Foreign Ministry employees working abroad.
Mexican citizens by naturalization are:
- those who, after completing the naturalization procedure, received a letter of naturalization from the Ministry of Foreign Affairs,
- the spouse of a Mexican citizen residing in Mexico who has lived with the spouse for two years immediately prior to the filing date of the application.
The Nationality Law states that a non-resident wishing to naturalize must do the following:
- submit an application to the Ministry of Foreign Affairs,
- formulate a renunciation of the obligations of the power of origin (does not mean a renunciation of another nationality) and take the oath of sole citizenship to Mexico,
- pass exams on knowledge of the Spanish language, history and culture of Mexico,
- prove residence in Mexico as a resident immediately before submitting the application:
- within a period of five years, or
- within a period of two years, if:
- a direct descendant of a Mexican by birth, or
- mother or father of Mexican birth, or
- is a citizen of a Latin American or Iberian state, or
- has performed or created outstanding works in the cultural, social, scientific, technical, artistic, sports or business fields that benefit the country; in this case, the foreign national is not required to reside in Mexico for the number of years required by law, or
- during the period of one year when adopted by a Mexican citizen, and in addition to all minors who are considered descendants up to the second generation or were under the guardianship of a Mexican citizen.
All the reasons for starting the stages of acquiring citizenship are also described in thispublicationson our website.
Adoption does not mean automatic acquisition or loss of citizenship for the adoptee or adoptive parent.
Mexican citizenship entails a number of obligations, as set out in Article 31 of the Constitution:
- provide children with pre-school, primary and secondary education in public or private schools, as well as military education based on the criteria of the law,
- appear on the days and times established by the municipalities in which they reside in order to issue civil and military instructions,
- to be called up and serve in the National Guard to protect the independence, territory, honor, rights and interests of the state,
- pay taxes.
Mexican law makes a distinction between nationality and citizenship. Nationality is an attribute of a person in international law that describes their relationship to the state, while citizenship is open to those citizens (having Mexican nationality) who have certain rights and responsibilities to the state. Article 34 of the Constitution establishes that Mexican citizens are those Mexicans who are over 18 years of age and who lead an «honest lifestyle».
Mexican citizens have the following rights:
- vote in any elections,
- to be elected in any election,
- to assemble or associate freely to take part in the political affairs of the state,
- join the Mexican Army or National Guard for the defense of the Republic and its institutions,
- exercise the right of petition.
Mexican law also distinguishes between naturalized citizens and citizens of Mexican origin. According to the Constitution, naturalized citizens are prohibited from holding various, mainly government, positions:
- military in peacetime,
- police officers,
- captain or pilot of any ship or aircraft flying the flag of Mexico,
- President of Mexico
- Member of the Mexican Congress
- Member of the Supreme Court of Mexico,
- state governor
- mayor or member of the legislature of Mexico City.
Article 37 of the Constitution establishes that Mexicans by birth can never be deprived of their citizenship by acquiring another (foreign) citizenship. However, naturalized Mexicans have the right to lose their Mexican citizenship after the following events:
- voluntarily acquired another citizenship after Mexican,
- have lived abroad for more than five consecutive years,
- impersonated foreigners in Mexico (using a foreign passport),
- accepted titles of nobility, which imply subordination to a foreign state.
Loss of Mexican citizenship by naturalization means the revocation of the letter of naturalization and applies exclusively to the person who lost citizenship.
Although Mexicans by birth are not capable of losing their nationality, Mexican citizenship and therefore its prerogatives have the possibility of being lost if the citizen does the following:
- accepts titles of nobility from foreign countries,
- serves in a foreign government without authorization from the Mexican Congress,
- adopts or uses foreign insignia, titles or functions without the authorization of Congress, except those of a literary, scientific or humanitarian character,
- assists a foreign national or government against Mexico in any diplomatic action or before an International Tribunal.
Mexicans are able to renounce their citizenship in order to acquire another.
Mexican law recognizes that a Mexican is capable of holding another nationality. However, such a citizen is always required to enter and leave Mexico as a Mexican, providing Mexican papers. The law further establishes that, regardless of the possession of another nationality, a person will always be considered a Mexican citizen and, in some cases, will not be able to claim protection from a foreign state.
Unless proven otherwise, a Mexican is presumed to have acquired foreign nationality when he has performed a legal act to acquire or retain it or when he has appeared before any authority or court in Mexico as a foreigner.
Regardless of the presence of another nationality, an individual will always be considered a Mexican citizen even outside of Mexico and cannot claim protection from a foreign state in certain cases:
- participation in the capital of a legal entity or company if created under Mexican law,
- when issuing loans to an individual or legal entity specified above,
- ownership of property or other rights in Mexico.
All Mexicans by birth who have another nationality cannot be elected or serve in public office in cases where the law clearly states that they do not have to acquire another nationality. In this case, you must renounce your other citizenship by requesting a certificate of Mexican citizenship from the Mexican Ministry of Foreign Affairs.
Mexicans have no right to be deprived of the right to enter the territory of a power. To do this, you must confirm your citizenship with one of the following documents:
- birth certificates,
- naturalization letter,
- passport or identity card that replaces it, in particular a voter card with photo,
- national identity cards for minors,
- consular identity cards, if they have a digital photograph, magnetic stripe and holographic identification,
- certificate of Mexican citizenship.
If upon entry it is difficult to confirm Mexican citizenship or the documentation provided is in doubt, an additional check is carried out to establish identity and citizenship, which cannot take more than 4 hours.