Marshallese nationality law is regulated by the Marshallese Constitution of 1979, as amended; the 1984 Citizenship Act of the Marshall Islands, and its revisions; and international agreements entered into by the Marshallese government. These laws determine who is, or is eligible to be, a national of the Marshall Islands. The legal means to acquire nationality, formal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Marshallese nationality is typically obtained either on the principle of jus soli, i.e. by birth in the Marshall Islands or under the rules of jus sanguinis, i.e. by birth abroad to parents with Marshallese nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquiring Marshallese nationality
Nationality in the Marshall Islands is acquired at birth, or later in life by registration or naturalization.
By birth
Birthright nationality applies to:
Persons born in the Marshall Islands to at least one parent who is Marshallese; Persons born in the territory who have no entitlement to other nationality and would otherwise be stateless; or Persons born abroad to at least one parent who is a national of the Marshall Islands.
By registration
Nationality by registration includes those who have familial or historic relationship affiliations with the Marshall Islands. Persons who acquire nationality by registration include:
Persons who under customary law or traditional practices are entitled to land rights in the territory; Persons who have lawfully resided in the territory for three years and have a child who is a Marshallese national; Minor children who were adopted by a Marshallese national, who have resided in the territory for a minimum of five years; or Persons who descend from a person with Marshallese heritage, at the discretion of the High Court of the Marshall Islands.
By naturalization
Regular naturalization in the Marshall Islands is acquired by submitting an application to the Cabinet member or Minister with the responsibility for the administration of immigration. Applicants must provide evidence that they are of good character, have familiarity with the language and customs of the Marshall Islands, have passed a civics examination, are self-supporting, and have resided within the territory for ten years. If the application is approved, the applicant must renounce other nationality and take a Loyalty Oath. A special naturalization process for persons who have performed distinguished service to the public or nation is permitted.
Loss of nationality
Marshallese nationals may renounce their nationality provided they have legal majority and capacity and have obtained other nationality. In times of war, renunciation may not be allowed because of national security concerns. Denaturalization may occur if a person obtained nationality through fraud, false representation, or concealment; if they have committed acts of treason or disloyalty to the nation; or if they have obtained dual nationality outside of the permitted exceptions.
Dual nationality
The constitution does not expressly prohibit dual citizenship, except if when citizenship is gained by registration, then "the Nitijela may by Act provide for the disqualification of any class of persons who would otherwise be entitled to be registered as citizens pursuant to this Section [citizenship by registration], but who have not already been so registered". This exception does not apply to people who are citizens by birthright, such as a person born in a foreign nation from at least one parent who is a Marshallese citizen.
History
Spanish period (1568–1885) In 1526, Spanish explorer Toribio Alonso de Salazar, who commanded the ship Santa Maria de la Victoria of the Loaísa Expedition, sighted an island in the Marshalls at 14°2" N that he named San Bartolomé, probably Taongi. He was unable to land on the island because of the currents. The following year Álvaro de Saavedra sailed through the Pacific Islands and sighted the Taka and Utirik Atolls. He made landfall in the Marshalls in 1528, on the Ailinginae and Rongelap Atolls and in 1529 sighted Ujelang Atoll before landing on Enewetak Atoll later that year.