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Who is citizen? Guide to Czech citizenship in 1949 - 1968

(This article expired 20.09.2013.)

Who is citizen? Guide to Czech citizenship in 1949 - 1968

Please note that the following information is only a guide.

BASICS
Between October 1, 1949 and December 31, 1968, a child, who was born abroad, became Czechoslovakian citizen if both parents were Czechoslovakian citizens. In 1969, citizenship of Czech and Slovak republics was instituted. That means, that since then onward, Czechoslovakian citizenship was replaced by either a Czech citizenship or a Slovak citizenship. Some persons, who were born abroad to Czechoslovakian citizens, never acquired citizenship of one of the republics. In certain cases, it is possible to make a declaration to choose a Czech citizenship. However, children of persons who make the declaration usually do not qualify for citizenship. Agreements preventing dual citizenship with the United States, the USSR, Hungary, and Poland were in effect.

DETAILS
On October 1, 1949, Act No. 194/1949 Coll., on Czechoslovakian state citizenship, came into force. It was in effect between October 1, 1949 and December 31, 1968, resp. May 7, 1969. Its primary novelty, compared to the previous citizenship law, was that Czechoslovakian citizenship of a child born abroad was no longer determined solely by the father´s Czechoslovakian citizenship, but by the Czechoslovakian citizenship of both parents.

Between 1949 and 1968, Czechoslovakian citizenship was obtained by one of the following:

Birth
- if both parents were Czechoslovakian citizens, regardless of whether or not the child was born outside of Czechoslovakia;
- if only one parent was Czechoslovakian citizen and the child was born in Czechoslovakia (with the exception of children whose one parent was citizen of the USSR, Poland, or Hungary - citizenship of these children was determined by an agreement between the parents or, generally, by the citizenship of the mother);
- if only one parent was Czechoslovakian citizen, the child was born outside of Czechoslovakia, and Czechoslovakian citizenship of the child was approved by a regional national committee (with the exception of children whose one parent was citizen of the USSR, Poland, or Hungary - citizenship of these children was determined by an agreement concluded by the parents or, generally, by the citizenship of the mother).

Marriage
- if a female foreign national married a Czechoslovakian citizen and her Czechoslovakian citizenship was approved by a regional national committee.

Naturalization
- if a foreign citizen lived in Czechoslovakia uninteruptedly for at least five years and reliquished his/her former citizenship ( both stipulations could have been waved in certain circumstances).

Ex lege


Between 1949 and 1968, Czechoslovakian citizenship was relinquished by one of the following:

Release from citizenship
- by "own request", which was de facto a demand or a condition imposed by the communists on citizens who intended to emigrate.

Removal of citizenship
- by the communists to some citizens who emigrated.

Marriage
- women would loose their Czechoslovakian citizenship until November 10, 1958, if they married a foreign national and acquired his citizenship.

Court decision

Naturalization in the USA

Dual citizenship
Agreement between Czechoslovakia and the United States of America on prevention of dual citizenship was in force from November 14, 1929 until August 20, 1997. The agreement was suspended between September 17, 1938 and May 7, 1957, when one of the parties was in the state of war (i.e. from the first Czechoslovakian mobilization until establishment of diplomatic relations with Japan). The agreement prevented dual citizenship of Czech (Czechoslovakian) citizens, who became naturalized in the United States, and vice versa, of United States citizens, who became naturalized in the Czech Republic (Czechoslovakia). In addition to the agreement with the United States, agreements with the USSR, Poland, and Hungary entered into force in the time period btw. 1949-1968. If one parent was born in one of these countries, it needs to be determined first, whether that parent held the citizenship of that country upon the applicant´s birth - in case no agreement between the parents on the citizenship of the child was concluded.