Cidadania por descendência (após 2004, qualquer um dos pais)
Cidadania em Singapore
- Elegibilidade
- Uma pessoa nascida fora de Singapura a partir da data de entrada em vigor da Lei de Alteração da Constituição de 2004 (n.º s.7) é considerada cidadã por descendência se QUALQUER um dos pais for cidadão de Singapura por nascimento ou por registo (sujeito ao registo do nascimento e ao cumprimento das condições previstas no n.º Art 122).
- Renúncia
- Exigida
Visão geral
Person born outside Singapore on/after commencement of s.7 of the Constitution (Amendment) Act 2004 is a citizen by descent if EITHER parent is a Singapore citizen by birth or registration (subject to registration of the birth and Art 122 conditions).
Quem se qualifica
Evidence-pinned eligibility & rules:
- The status of citizen of Singapore may be acquired by birth, by descent, by registration (or, before commencement of the Constitution, by enrolment), or by naturalisation. These are the four exhaustive acquisition modes set out in the Constitution Part 10. [Art 120(1)-(2); Singaporean nationality law — Part X overview]
- Citizenship by descent applies to a person born OUTSIDE Singapore after 16 September 1963, who is a citizen of Singapore by descent if, at the time of birth, the qualifying-parent condition (Art 122(1)) and the registration/anti-statelessness conditions (Art 122(2)) are satisfied. Descent is the jus sanguinis route for foreign-born children of citizens. [Art 122(1); ICA — child born overseas]
- For a person born OUTSIDE Singapore BEFORE the commencement of section 7 of the Constitution (Amendment) Act 2004, citizenship by descent passes only patrilineally: the FATHER must be a citizen of Singapore by birth or registration at the time of the child's birth. This is the pre-2004 patrilineal descent rule (now superseded prospectively but governing pre-commencement births). [Art 122(1)(a); ICA Media Release 984 (2004)]
- For a person born OUTSIDE Singapore ON OR AFTER the commencement of section 7 of the Constitution (Amendment) Act 2004, citizenship by descent passes from EITHER parent: either the father or the mother must be a citizen of Singapore by birth, registration or descent at the time of the child's birth. This is the post-2004 gender-neutral descent rule. [Art 122(1)(b); ICA Media Release 984 (2004); UN Treaty Collection — CEDAW Singapore]
- Citizenship by descent transmits only from a parent who is a Singapore citizen by birth, registration or descent — and (pre-2004) only by birth or registration. The post-2004 rule explicitly includes a parent who is a citizen BY DESCENT, but subject to the additional residence condition in Article 122(3) (the descent-by-descent limit), constraining indefinite generational transmission abroad. [Art 122(1)(b), 122(3); Hansard — 2004 Second Reading (DPM Lee)]
- A person born outside Singapore is NOT a citizen by descent unless his birth is registered in the prescribed manner at the Registry of Citizens, or at a Singapore diplomatic or consular mission, within ONE YEAR (or such longer period as the Government permits) after the birth. Registration of the birth abroad within the one-year window is a mandatory condition of descent citizenship. [Art 122(2)(a); ICA — child born overseas; MFA — Registration of Citizenship by Descent]
- Where the transmitting parent is a Singapore citizen BY REGISTRATION (rather than by birth), citizenship by descent additionally requires that the child 'would not acquire the citizenship of the country in which he was born by reason of his birth in that country' — i.e. an anti-statelessness condition applies only to the registration-parent case. (Pre-2004: father by registration; post-2004: either parent by registration.) [Art 122(2)(b); UN Women Constitutions DB — Art 122]
- Where the transmitting parent is a Singapore citizen BY DESCENT, the child is not a citizen by descent unless that parent has lawfully resided in Singapore (a) for periods amounting in aggregate to not less than 5 years before the child's birth, OR (b) for periods amounting to not less than 2 years during the 5 years immediately preceding the child's birth. This is the descent-by-descent residence requirement (Art 122(3)). [Art 122(3)(a)-(b); ICA — descent-by-descent residency; ICA Media Release 984 (2004)]
Base jurídica
Operative authority: Constitution Art 122(1)(b) (Constitution of the Republic of Singapore, Part 10, 2020 Revised Edition). Statute pins: SG-SRC-CONST: Art 122(1)(b), Constitution (Amendment) Act 2004 s.7. KCQs: Q3.1, Q3.3, Q3.4.
Cenários de exemplo
Os cenários de exemplo são exibidos em inglês.
eligible
Post-2004 descent (Art 122(1)(b)) is gender-neutral for births on/after commencement of s.7 of the Constitution (Amendment) Act 2004 (effective 15 May 2004 per ICA): EITHER parent who is a citizen by birth, registration or descent transmits (SG-E1-012). The mother is a citizen by birth, so she qualifies. The Art 122(2)(a) condition is met because the birth is registered at a Singapore diplomatic/consular mission within one year (SG-E1-014). Emma is a citizen of Singapore by descent. (The 122(2)(b) anti-statelessness condition only bites where the transmitting parent is a citizen by registration; here the mother is a citizen by birth, so it does not apply.)
conditional
Descent under Art 122(1)(b) is satisfied on the parent condition (father is a citizen by birth). However Art 122(2)(a) requires the birth to be registered at the Registry of Citizens or a Singapore mission within ONE YEAR 'or such longer period as the Government permits' after its occurrence (SG-E1-014). The parents missed the one-year window. Citizenship by descent is therefore NOT automatic, but the constitutional text expressly allows a longer period at the Government's discretion. Outcome is conditional on ICA exercising the 'longer period' discretion to accept the late registration.
eligible
Where the transmitting parent is a citizen by REGISTRATION, Art 122(2)(b) imposes an additional anti-statelessness condition: the child must 'not acquire the citizenship of the country in which he was born by reason of his birth in that country' (SG-E1-015). State X confers no jus soli citizenship on Ava, and (assuming she does not otherwise take State X nationality by descent through her mother in a way that defeats the condition) she would be at risk of statelessness but-for the descent claim, satisfying 122(2)(b)(ii). The 122(1)(b) parent condition and 122(2)(a) one-year registration are met. Ava is a citizen of Singapore by descent. (Note: if State X's law actually did confer citizenship on her at birth, the registration-parent condition would fail.)
ineligible
The parent condition (Art 122(1)(b): father is a citizen by registration) is met, but because the transmitting parent is a citizen by REGISTRATION, the Art 122(2)(b) anti-statelessness condition applies: descent is available only if the child 'would not acquire the citizenship of the country in which he was born by reason of his birth in that country' (SG-E1-015). Lucas DID acquire US citizenship by reason of his birth in the USA (jus soli). The 122(2)(b)(ii) condition therefore fails, and Lucas is not a citizen of Singapore by descent. This is the registration-parent / jus-soli-country edge case distinguishing the result in SG-SCN-A-009.
eligible
Post-2004 descent permits transmission from a parent who is a citizen 'by birth, registration OR descent' (Art 122(1)(b)). But where the transmitting parent is a citizen BY DESCENT, Art 122(3) imposes a residence condition: the descent-parent must have lawfully resided in Singapore for aggregate periods of not less than 5 years before the child's birth, OR not less than 2 years during the 5 years immediately preceding the birth (SG-E1-016). Chloe's mother resided 7 years (>= 5 years aggregate before birth), satisfying 122(3)(a). The 122(2)(a) one-year registration is met. Chloe is a citizen by descent. This is the descent-by-descent parent-residence edge case.
ineligible
Although Art 122(1)(b) allows a citizen-by-descent parent to transmit, Art 122(3) bars descent unless the descent-parent has lawfully resided in Singapore for an aggregate of not less than 5 years before the birth, or not less than 2 years during the 5 years immediately preceding the birth (SG-E1-016). Ethan's father meets neither limb (only ~11 months total; 0 of the preceding 5 years). The descent-by-descent residence requirement, deliberately imposed in 2004 to prevent 'generations of absentee Singaporeans with no real links to Singapore' (Hansard), is not satisfied. Ethan is not a citizen by descent. (Canada confers citizenship on him through the mother and/or jus soli, so he is not stateless.)
Resumo informativo compilado a partir de fontes legais primárias — não é aconselhamento jurídico. A lei de cidadania muda; verifique com a autoridade competente antes de agir. Verificado pela última vez em 2026-06-19.
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