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The Bhutan Citizenship Act, 1985
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This Act may be called the Bhutan Citizenship Act, 1985. It shall
come into force from the twenty third day of the fourth month
of Wood Bull year of the Bhutanese calendar corresponding to 10th
June, 1985. In case of conflict between the previous laws, rules
and regulations relating to citizenship, the provisions of this
Act shall prevail.
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Citizenship by Birth:
A person whose parents are both citizens of Bhutan shall be deemed
to be a citizen of Bhutan by birth.
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Citizenship by Registration:
A person permanently domiciled in Bhutan on or before 31st
December 1958, and, whose name is registered in the census register
maintained by the Ministry of Home Affairs shall be deemed to be a
citizen of Bhutan by registration.
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Citizenship by Naturalization:
A person desiring to apply for Bhutanese citizenship to the Ministry
of Home Affairs in Forms KA-1 and KA-2 must fulfill all the following
conditions to be eligible for naturalization:
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The person must have attained the age of 21 years, and 15 years
in the case of a person either of whose parents is a citizen of
Bhutan;
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The person must be mentally sound;
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The person must have resided in Bhutan for 15 years in the
case of Government employees and also in the case of applicants,
either of whose parents is a citizen of Bhutan, and 20 years
in all other cases, and this period of residence must be registered
in the records of the Department of Immigration and Census;
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The person must be able to speak, read and write Dzongkha proficiently;
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The person must have good knowledge of the culture, customs,
traditions and history of Bhutan;
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The person must have good moral character and should not have
any record of imprisonment for criminal offences in Bhutan or
elsewhere;
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The person must have no record of having spoken or acted against
the King, Country and People of Bhutan in any manner whatsoever,
and
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The person must be prepared to take a solemn Oath of Allegiance
to the King, Country and People of Bhutan according to the prescribed
Form KHA.
On receipt of the application Form KA-1 for naturalization, the Ministry
of Home Affairs will take necessary steps to check all the particulars
contained in the application. The Ministry of Home Affairs will also
conduct written and oral tests to access proficiency in Dzongkha and
knowledge of the culture, customs, traditions and history of Bhutan.
The decision of the Ministry of Home Affairs on the question of eligibility
for naturalization shall be final and binding. The Royal Government
of Bhutan also reserves the right to reject any application for naturalization
without assigning any reason.
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Grant of Citizenship:
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A person, whose application for naturalization has been favourable
considered by the Ministry of Home Affairs, shall take the Oath
of Allegiance according to Form KHA of this Act.
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A person shall then be deemed to be a citizen of Bhutan upon
receiving a Kasho from His Majesty the King of Bhutan according
to Form GA of this Act.
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Termination of Citizenship:
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Any citizen of Bhutan who acquired the citizenship of another
country shall cease to be a citizen of Bhutan. The wife/husband
and children shall have the right to remain as citizens of Bhutan
provided they are permanently domiciled in Bhutan and are registered
annually in the Citizenship Register maintained by the Ministry
of Home Affairs.
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Any citizen of Bhutan who has acquired citizenship by naturalization
may be deprived of citizenship at any time if it found that
naturalization had been obtained by means of fraud, false representation
or the concealment of any material fact.
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Any citizen of Bhutan who has acquired citizenship by naturalization
may be deprived of citizenship at any time if that person has
shown by act or speech to be disloyal in any manner whatsoever
to the King, Country and People of Bhutan.
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If both the parents are Bhutanese and in case of the children
leaving the country of their own accord, without the knowledge
of the Royal Government of Bhutan and their names are also not
recorded in the Citizenship Register maintained in the Ministry
of Home Affairs, then they will not be considered as citizens
of Bhutan. (Resolution No. 16(2) adopted by the National Assembly
of Bhutan in its 62nd Session).
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Any citizen of Bhutan who has been deprived of Bhutanese citizenship
must dispose of all immovable property in Bhutan within one
year, failing which, the immovable property shall be confiscated
by the Ministry of Home Affairs on payment of fair and reasonable
compensation.
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