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In Uganda is Dual Citizenship automatic?

In Uganda is Dual Citizenship automatic?

A Ugandan citizen can travel to another country and, while there, acquire the citizenship of that country. When this happens, a second citizenship is introduced, raising the question of whether both citizenships are automatically held concurrently. The said question is the focus of this Article.

To begin with, Article 15 of the 1995 Constitution of the Republic of Uganda as amended (the “Constitution”) permits a Ugandan citizen of or above 18 years to voluntarily acquire the citizenship of another country and in the process retain their Ugandan citizenship. Suffice to note, a person who is not a Ugandan citizen, on acquiring the citizenship of Uganda, is also permitted under the said constitutional provision to retain the citizenship of another country. So basically, the Constitution allows dual citizenship, that is, the simultaneous possession of two citizenships one of which is Ugandan.

The same constitutional provision guides further that that act of retaining Ugandan citizenship or that act of retaining the citizenship of another country after having acquired Ugandan citizenship, is subject to the Constitution and any law enacted by Parliament.

Regulation 10(1) of the Uganda Citizenship Regulations 2009 states that, “A citizen who holds the citizenship of any other country in addition to the citizenship of Uganda shall register as a dual citizen in Uganda”. In other words, a Ugandan citizen (could be one by birthby registration, or by naturalisation) who wishes to hold the citizenship of any other country concurrently with their Ugandan citizenship must register as a dual citizen in Uganda.

However, if a Ugandan citizen renounces his or her Ugandan citizenship while taking up the citizenship of another country, he or she shall cease to be a citizen of Uganda. It thus follows that such an individual cannot register as a dual citizen in Uganda without first re-acquiring their former Ugandan citizenship. Re-acquisition of Ugandan citizenship is provided for under Section 19G of the Uganda Citizenship and Immigration Control Act Cap. 313 (the “Act”).

Further, are non-Ugandan citizens supposed to renounce the citizenship of their country of origin before taking up Ugandan citizenship? Not necessarily. Section 19B(2)(a) of the Act is to the effect that a non-Ugandan citizen applying for dual citizenship must satisfy the National Citizenship and Immigration Board (the “Board”) that the laws of his or her country of origin permit him or her to hold dual citizenship. This simply means that if the laws of a non-Ugandan citizen’s country of origin prohibit dual citizenship, then there is no way he or she can acquire Ugandan citizenship without first renouncing the citizenship of their country of origin.  Similarly, a Ugandan citizen who acquires the citizenship of another country and subsequently applies for dual citizenship in Uganda, must also satisfy the Board that that other country permits dual citizenship.

In conclusion, dual citizenship is not automatic in Uganda. It is obtained only through registration. To hold the citizenship of another country concurrently with your Ugandan citizenship, you must register as a dual citizen in Uganda. The proof of such registration is a ‘Certificate of Registration as a Dual Citizen’ issued by the Board.

 

*This Article is for informational purposes only and does not constitute legal advice. Should you require more detailed guidance on dual citizenship or have specific questions, please do not hesitate to contact us via the email address info@kakuruadvocates.co.ug*