Singaporean nationality law
Encyclopedia
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
.
was a self-governing colony
of the United Kingdom
. At that time, Singapore had already been granted full internal self-government. Singapore Citizenship Ordinance 1957 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. Singaporeans were still considered British subject
s at that time, and their passports had the unusual nationality status of "British subject: citizen of the State of Singapore" instead of the usual "British subject: citizen of the United Kingdom and Colonies".
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 With regard to Singaporean citizenship, it repealed the 1957 Ordinance and granted Singaporean citizenship to all persons who were citizens as of 16 September 1963 by virtue of the Ordinance.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.
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.
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 born overseas will be granted Singaporean citizenship by descent only if they do not acquire citizenship of the country of their birth.
, as may children of Singaporean citizens resident in Singapore. Each application is considered on its own merits.
The prohibition of dual citizenship is a contentious issue in Singapore. As the economy becomes more globalized and Singaporeans 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.
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.. Nevertheless, the government is open to the possibility of allowing dual citizenship if local and global circumstances demand so.
s and are entitled to certain rights in the United Kingdom
and other Commonwealth
countries. For example, they can vote in all elections (including for the European Parliament
), hold public office and serve on juries in the UK. 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.
These rights include:
Constitution of Singapore
The Constitution of Singapore is the supreme law of Singapore and it is a codified constitution.The constitution cannot be amended without the support of more than two-thirds of the members of parliament on the second and third readings . The president may seek opinion on constitutional issues...
and is based on jus sanguinis
Jus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
and a modified form of jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
. There are four ways of acquiring Singaporean citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
: by birth, by descent, by registration or by naturalisation
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
.
History of Singaporean citizenship
Singaporean citizenship was first granted in 1959 when SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
was a self-governing colony
Self-governing colony
A self-governing colony is a colony with an elected legislature, in which politicians are able to make most decisions without reference to the colonial power with formal or nominal control of the colony...
of the United Kingdom
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. At that time, Singapore had already been granted full internal self-government. Singapore Citizenship Ordinance 1957 provided Singaporean citizenship to all residents who were born in Singapore or the Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
, British citizens who had been resident for two years, and others who had been resident for ten years. Singaporeans were still considered British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s at that time, and their passports had the unusual nationality status of "British subject: citizen of the State of Singapore" instead of the usual "British subject: citizen of the United Kingdom and Colonies".
All Singaporean citizens became Malaysian citizens on 16 September 1963 upon Singapore's merger
Singapore in Malaysia
On 16 September 1963, which was also Lee Kuan Yew's 40th birthday, Singapore merged with the Federation of Malaya alongside Sabah and Sarawak to form Malaysia...
with the Federation of Malaysia on that date. Malaysian citizenship was governed by Malaysian nationality law
Malaysian citizenship
Malaysian nationality law is the law of Malaysia that deals with citizenship and other forms of nationality. Nationality law is mentioned in the Constitution of Malaysia....
.
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
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
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.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 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 ServiceNational service
National service is a common name for mandatory government service programmes . The term became common British usage during and for some years following the Second World War. Many young people spent one or more years in such programmes...
, as may children of Singaporean citizens resident in Singapore. Each application is considered on its own merits.
Citizenship by naturalisation
Although provided for in the Constitution, citizenship by naturalisation is no longer granted. 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, but is possible up to the age of 22. Such dual citizens may have acquired citizenship by birth in a foreign country, from a foreign citizen parent, or by naturalisation. 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 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 becomes more globalized and Singaporeans 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
Allegiance
An allegiance is a duty of fidelity said to be owed by a subject or a citizen to his/her state or sovereign.-Etymology:From Middle English ligeaunce . The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation"...
they may almost immediately abjure.
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.. Nevertheless, the government is open to the possibility of allowing dual citizenship if local and global circumstances demand so.
Commonwealth citizenship
All Singaporean citizens are Commonwealth citizenCommonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s and are entitled to certain rights in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and other Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries. For example, they can vote in all elections (including for the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
), hold public office and serve on juries in the UK. 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.
These rights include:
- the right, unless otherwise disqualified (e.g. imprisoned), to vote in all elections (i.e., parliamentary, local and European elections) as long as they have registered to vote (they must possess valid leave to enter/remainLeave to enterLeave to Enter is the technical term for someone granted entry to the United Kingdom by British immigration officers.According to the United Kingdom Border Agency, a person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or...
or not require such leaveRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
on the date of their electoral registration application) - the right, unless otherwise disqualified, to stand for election to the British House of CommonsBritish House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
as long as they possess indefinite leave to remainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
or do not require leaveRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
under the Immigration Act 1971 (c. 77) to enter or remain in the UK - the right, if a qualifying peer or bishop, to sit in the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
- eligibility to hold public office (e.g., as a judge, magistrate, minister, police constable, member of the armed forces, etc.)
See also
- Immigration and Checkpoints AuthorityImmigration and Checkpoints AuthorityThe Immigration and Checkpoints Authority is part of the Ministry of Home Affairs of the Singapore Government.-Overview:...
- Immigrant workers in SingaporeImmigrant workers in SingaporeImmigration and immigrant workers in Singapore have been closely associated with the country's economic development. After independence in 1965, immigration laws were modified in 1966 to reinforce Singapore's identity as a sovereign state...
- National Registration Identity CardNational Registration Identity CardThe National Registration Identity Card is the identity document in use in Singapore...
- Nationality lawNationality lawNationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
- Singapore passportSingapore passportThe Singaporean passport is a travel document issued to the citizens of Singapore. It is issued by the Immigration and Checkpoints Authority of Singapore...