The new law establishes the relations which a person claiming Norwegian
citizenship must have to this realm. In accordance with the new regulations,
any one applying for citizenship must fulfill conditions which establish the
sincerity of his intention to settle in the country. The law regulates at
the same time the heretofore unlimited and uncontrolled right of foreigners
to hold or lease real estate in Norway. A special permission will henceforth
be required in either case.
I beg to forward, herewith inclosed, a printed copy of an English translation
of the law mentioned.
[Inclosure.—Translation.]
Law of Norwegian citizenship.
We, Oscar, by the; grace of God, King of Norway and
Sweden, the Goths and Vends:—
To all whom these presents may concern, greeting:—
Be it known, that to us has been presented the resolution, dated 17th
April of the present year, of the now assembled Ordinary Storthing, as
follows:—
Sec. 1. Norwegian citizenship is acquired at
birth by legitimate children, whose father or mother at the time of the
birth possessed Norwegian subjects-rights; and by illegitimate children
whose mother had such rights. Children found within the realm whose
parentage is unknown, or whose subject-relations can not be ascertained
previous to such child attaining eighteen years of age, shall be
considered as born of Norwegian subjects.
Sec. 2. Norwegian citizenship may be acquired
by voluntary acts.
(a) By marriage of a foreign woman to a Norwegian
subject.
(b) By assumption of a permanent residence within
the realm, in so far as the resident has, in terms of section 92, a, b, of the law of the constitution* (Grundloven), the rights of Norwegian birth. This provision
shall not, however, affect a native-born person who assumes a permanent
residence within the realm by reason of an appointment in the service of
a foreign government; nor a woman who, although she may be a native-born
Norwegian, is married to the subject of a foreign state.
(c) By acceptance of an appointment in a public
office; or by acceptance of a fixed appointment by the King or a
Government department, as an officer in the service of the Norwegian
state. In regard to offices or appointments in that public service which
is a joint one for Norway and Sweden, this provision shall only affect
such persons as possess native-born Norwegian subject’s-rights, and who
abandon the subject-relation in which they may stand to a foreign
state.
Sec 3. The rights of Norwegian citizenship may
also be granted to other inhabitants of the realm by a special license
by the King or the authority empowered by him. Such license shall,
however, in general, be only granted to such as:—
(a) Have had a fixed residence within the realm
for three successive years.
(b) Have acquired a legal domicile in a Norwegian
poor’s-district, or in such a manner as, according to circumstances, may
be found sufficiently satisfactory to effect the object, provides a
security against either himself or family becoming a burden upon the
public poor rates before he can attain the qualification necessary to
acquire legal rights of domicile, if the rights of citizenship were not
immediately granted to him.
(c) Have attained majority.
(d) Do not occupy any of those positions which by
section 52a† and section
53a‡ of the law of the constitution involve the
suspension or loss of the right to the franchise. Whosoever desires,
subject to those provisions, to become a Norwegian citizen, must present
an application to that effect through the authority of the place where
he resides, accompanied by all particulars of where he has resided
during his stay within the realm, and in what other state he possesses
the rights of a subject; also, by a declaration that, subject to the
grant of the application, he abandons all subject-relation to that other
state. If such abandonment of subject-relation requires by the laws of
such other state the consent of its Government, or other authority, the
applicant shall be bound to produce proof that he has obtained such
consent.
If the application is complied with, there shall be granted to the
applicant letters-patent in such form as the King may prescribe.
The grant of such letters-patent shall not take effect until he to whom
they have been granted has sworn the oath prescribed in section 511 of
the law of the constitution. The judge before whom the oath is sworn
shall indorse upon the letters-patent that such oath has been sworn
before him.
[Page 1492]
Widows or spinsters may acquire the rights of citizenship in the manner
before described, but shall not be required to take the oath.
Sec. 4. The rights of citizenship acquired in
terms of section 2 and section 3 of this present law descend also upon
the wife of such person as has acquired them; also, upon his or her
children who have not attained majority, and who reside with the parents
or are reared under their authority.
Sec. 5. Every immigrant foreigner who, without
being registered in the census appointed by section 51 of the law of the
constitution,* yet assumes to have possessed the
rights of citizenship at the time when this present law takes effect
must, in order to establish such assumed rights, apply within one year
from such time to the supreme authority for letters of citizenship.
For persons who at the time when this law first takes effect have not
then attained majority, the period of grace allowed for the making of
such application shall be reckoned from the attainment of majority.
If the supreme authority shall find the application well-founded, and the
applicant satisfies the conditions stated in section 3 a and b of the present law, letters of
citizenship shall be issued to him, and serve as complete warrant for
his rights of citizenship. If the application is refused, such refusal
shall not deprive the applicant of any rights that under the
pre-existing laws pertain to him.
Sec. 6. The rights of Norwegian citizenship
shall be forfeited, on
(a) becoming the subject of a foreign state.
(b) on permanently leaving the country. But the
Norwegian subject who by section 92 a, b, or d, of the law of the constitution† possesses the rights pertaining to native birth
may maintain his subject-relation, if he, within a year of his removal
or from the day that the present law takes effect, emits a declaration
before the Norwegian consul of the place that he desires to remain a
Norwegian subject.
The declaration shall be effective for a period of 10 years, and may,
before expiry of the period, be renewed with the same effect for a
similar term of years.
Whosoever removes to a foreign country on account of an appointment in
the public service of Norway, or in the joint public service of Norway
and Sweden, retains his Norwegian subject-relation.
In every case where the emigrant retains the rights of a Norwegian
subject they also descend upon his wife, and upon his or her children
who have not yet attained majority, and who reside with the parents or
are reared under their authority.
Sec. 7. Whosoever in terms of 92 a, b, or d
‡ of the law of the constitution
possesses the rights pertaining to native birth, remains, always,
entitled to take up a permanent residence within the realm. Such persons
retain the legal domicile determined by section 16, for the towns, and
section 17, for the country, of the poor law of 6th June, 1863.§
Norwegian subjects are entitled to remain within the realm except in the
case of being delivered up to Sweden in terms of the law of 11th
September, 1818.║ Section 1 of the law of 17th June,
1886,¶ containing changes and additions to
the poor laws, is [Page 1493] hereby
annulled in the ease of Norwegian subjects, whilst section 2 of the same
law* shall continue in effect in respect of
emigrant Norwegian subjects who have not the rights pertaining to
Norwegian native-birth.
Norwegian citizenship involves also the relation of subject. The freedom
from military service, conditionally granted to immigrant foreigners by
section 12 of the law of conscription of 11th May, 1866,† remains
unaffected in their case, notwithstanding that they may have become
Norwegian citizens.
Sec. 8. The inhabitants of the realm who have
not acquired Norwegian citizenship are not, either, Norwegian subjects.
Their legal position remains, as before, regulated, as provided in all
laws other than the law of the constitution and this present law, and
appointed for Norwegian subjects, native-born inhabitants of the realm,
Norwegians, the inhabitants of the Kingdom, or Norwegian citizens;
except that immigrant foreigners remain subject to be expelled the realm
in the same cases as formerly. The law of 4th August, 1846,‡
having reference to eligibility for certain communal offices, also the
law of 17th June, 1886,§ referred to in the preceding paragraph, shall continue
to remain applicable to them.
Sec. 9. Without a license, to be granted by the
King or such authority as he may empower, heritable property within the
realm can, in future, not be acquired with legal title by others than
Norwegian or Swedish subjects, or corporations, institutions, or limited
liability companies, whose management is domiciled in Norway or Sweden,
and consists exclusively of Norwegian or Swedish subjects. The same
provision shall hold good in respect of estate acquired on lease.
Exceptions from the provisions of this paragraph may be granted by the
King in the case of leases and other rights of user entered into for a
term not exceeding ten years.
The right to acquire a mining license, parcel of mining land, and respite
in the working of mines, in terms of the law of mines of 14th July,
1842,║
shall remain open to all as hitherto; as also the mining licensee’s
rights in terms of§ 18¶ of the same law, and
the law of 17th February, 1866.** Likewise shall the non-conformist
bodies acknowledged in terms of the law of 16th July, 1845,††
also, in future, be permitted [Page 1494] to acquire sites for churches, schools, clergyman’s residence, and
burying ground, anything in this paragraph or the present law to the
contrary notwithstanding.
Sec. 10. A Swedish subject who, in future,
acquires heritable property in Norway, or such a right of user as
according to section 9 is dealt with on the same footing, shall, in the
event of his not being resident in Norway, be bound to appoint a
mandatory at the place where the property is situated, who shall be
empowered in the owner’s or lessee’s absence, to appear on his behalf
before the courts of justice and other official authorities in matters
that concern the property or right of user.
The same regulation shall apply to corporations, institutions, or limited
liability companies, whose management is resident in Sweden and which
acquires such a property or right of user as is named above.
The name and residence of the mandatory shall be filed in the court of
registration.
Should the before-named provisions not be observed, the sheriff of the
district in which the property is situated may, upon the demand of any
one interested therein, appoint a mandatory on behalf of the owner or
lessee concerned, and such appointment shall be binding upon the owner
or lessee.
The provisions appointed in this paragraph shall also be applicable in
the case of a foreigner who under a license, obtained in conformity with
section 9, has acquired heritable property, or right of user over
heritable property, within this realm.
Sec. 11. Should any contract or arrangement
have been entered into, in conflict with the provisions of section 9, it
can not be enforced unless such a license as is spoken of in the
paragraph named be subsequently obtained.
Sec. 12. Should any document in respect of an
acquisition of property, for which a foreigner in terms of section 9
requires a license, be required registered in the court of registration,
and such license not be produced, the clerk of court shall, in the event
of his having any doubt whether the acquisition is in conflict with the
said paragraph, make such an endorsement. The endorsement shall be
remitted by the clerk of court to the supreme authority.
Sec. 13. Should any legal act that is in
conflict with the provisions of section 9 have been completed by
registration of the deeds of conveyance, or should the purchaser or
lessee have been placed in possession of the property or the right of
user over same, the supreme authority shall appoint a term, within which
the relations shall be brought into legal order, by the obtaining of a
license such as is spoken of in the paragraph named, or by the voluntary
annullment of the transaction, or by the sale of the property to some
one who possesses the legal right to acquire heritable property. The
term of grace must not be fixed at less than 6 months, nor longer than 3
years. The determination of such term by the supreme authority shall be
registered in the court of registration.
Sec. 14. Should this term of grace be exceeded,
the property or right of user shall, by order of the supreme authority
and without reference to the court of conciliation or any notice being
necessary, be sold by compulsory auction. Such sale shall be absolutely
binding on the owner or possessor, his predecessor in the property
concerned, their creditors and sequestrated estates, also on all who
hold mortgages over the property. The sale shall be effected for the
account of the owner or possessor, and in such a manner that no part of
the purchase money realized by the sale at auction shall be paid out to
him, until his predecessor shall have obtained the value that had been
stipulated for the property or for the right of user. If such value is
not fully realized at the sale by auction, he shall still retain his
right of regress upon the debtor for any balance.
Sec. 15. The provisions named in section 13 and
section 14 shall also be applied, if a limited liability company which
has its management in Norway or Sweden, and owns heritable property in
Norway, or possesses a right of user, to the acquisition of which a
foreigner requires a license in terms of section 9, removes its
management to the realm of any foreign power, or if it admits into its
direction any one who does not possess Norwegian or Swedish rights of
citizenship.
Sec. 16. Should heritable property or rights of
user descend by inheritance upon any one who is not entitled by this
present law to acquire it, and a license in terms of section 9 by reason
of any special circumstances can not be obtained, the provisions of
section 13 and section 14 shall remain in force notwithstanding, in so
far as they, in their nature, are applicable to the case.
If the property or right of user belongs to a woman who possesses the
rights of Norwegian or Swedish citizenship, or who has in terms of
section 9 obtained a license to acquire the subject, it shall remain her
separate property, even though she should marry any one who has not the
right of citizenship or who has not obtained a license.
Sec. 17. By the expression fixed residence
within this realm there is meant, in this present law, such a sojourn as
testifies to a purpose of remaining permanently in the realm.
[Page 1495]
Sec. 18. The present law shall immediately come
into force, but shall not be applicable in such cases in which its
provisions may conflict with existing treaties.
Therefore, we have sanctioned and confirmed, as we do hereby sanction and
confirm, this resolution as law under the seal of the Kingdom.
Given at the Palace of Stockholm the 21st April, 1888.
During His Majesty’s, my gracious King and Lord’s, absence.
[
l. s.]
Gustaf.
Countersigned:
O. Richier.
Lehmann.
