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Changes to Citizenship Laws

Parliament had earlier passed the Constitution (Amendment) Bill on 19 April 2004. The Articles in the Constitution on the grant of citizenship have remained unchanged since the 1960s. However, the world today is very different compared to then. Growing numbers of Singaporean men and women are travelling overseas to work, study or pursue their personal goals, and starting their families abroad. The following changes to the citizenship laws will take effect from 15 May 2004.


Grant of citizenship by descent

2. Currently, only male Singaporeans can pass on citizenship by descent to their children born overseas. Children born overseas to female Singaporeans have to acquire citizenship by registration. With the changes to the Constitution, the grant of citizenship by descent will now be gender neutral. Singapore citizens, be they male or female, will be allowed to pass on citizenship by descent to their foreign-born child.

3. The transmission of citizenship by descent will also no longer be limited to one generation. From 15 May 2004, a Singapore citizen by descent will be able to pass on citizenship by descent to his or her child born overseas, as long as he or she had stayed in Singapore for a total of:

* At least five years before the child's birth, or

* At least two years out of the five years immediately before the child's birth.

4. With the new absence period of up to one year (explained below), citizens by descent effectively need to have stayed 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 before the child's birth, to qualify to pass on citizenship by descent to their children. This residency requirement is imposed so that we will not have generations of absentee Singaporeans with no real links to Singapore.



Amendment to absence period

5. Singapore permanent residents need to meet a residential requirement before they can qualify to be citizens. Currently, the Constitution allows a person to be away from Singapore for up to six months when calculating the period of residence. Recognising that more Singapore citizens and permanent residents have to travel in the course of their work or study, this period of absence will be increased to 12 months.


Value of Singapore Citizenship

6. The Government values every citizen, regardless of gender or the schemes under which he or she obtained citizenship. However, citizenship comes with privileges and responsibilities. Singaporeans living and working overseas must continue to make the effort to ensure that they and their children remain rooted and committed to Singapore.


Application procedure

7. Singaporean parents who wish to obtain Singapore citizenship for their children born overseas may submit citizenship applications to ICA or through any of the Singapore Missions overseas. Each case is assessed on its own merits and in accordance with the law.


Further enquiries

8. Singaporeans who wish to find out more about citizenship application can visit our website at www.ica.gov.sg.

END OF NEWS RELEASE

Immigration & Checkpoints Authority
14 May 2004

Annex A: Summary of changes to citizenship laws
Annex B: Frequently asked questions.

ANNEX A
SUMMARY OF CHANGES TO CITIZENSHIP LAWS
S/No. Before 15 May 2004 After 15 May 2004
1. Grant of citizenship by descentv Only children born overseas to male Singaporeans can obtain citizenship by descent. Children born overseas to female Singaporeans have to acquire citizenship by registration.v The child born overseas cannot qualify for citizenship by descent if the father is a Singapore Citizen by descent. v Children born overseas to both male and female Singaporeans will be eligible for citizenship by descent.v The child born overseas to a parent who is a Singapore Citizen by descent will be allowed to obtain citizenship by descent if the parent satisfies certain residency requirements.
2. Amendment to absence periodv Singapore permanent residents (PRs) need to meet a residential requirement before they can qualify to be citizens. A period of absence from Singapore of up to 6 months may be treated as residence in Singapore. v A period of absence from Singapore of up to 12 months may be treated as residence in Singapore.


ANNEX B
FREQUENTLY ASKED QUESTIONS

Q1: What is the rationale for the changes?

A1: The Articles in the Constitution on the grant of citizenship have remained unchanged since the 1960s. However, the world today is very different compared to then. Growing numbers of Singaporean men and women are travelling overseas to work, study or pursue their personal goals, and starting their families abroad. The changes are made in recognition of the changing trends, as well as the proposals considered by the Government over the years, including those made by the Remaking Singapore Committee.


Q2: Will being a citizen by birth or registration, or in the case of a citizen by descent who meets the residency requirement, automatically entitle my child born overseas to citizenship by descent?

A2: As is currently the case, parents wishing to pass on citizenship by descent to their children will have to register the child within a year of his or her birth at a Singapore Mission overseas or with the Immigration & Checkpoints Authority in Singapore and produce proof that they are the legal parent(s) of the child.


Q3: I have already registered my child as a SC by registration. After the new Constitution is passed, can I change my child's status to SC by descent?

A3: The change in the Constitution will not be retrospective. It will only apply to children born on or after 15 May 2004. If the child is already a Singapore Citizen by registration, his/her status will not be changed to Singapore Citizen by descent when the changes in the Constitution are effected.