Algerian nationality law is regulated by the Constitution of Algeria, as amended; the Algerian Nationality Code, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Algeria. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Algerian nationality is typically obtained under the principle of jus sanguinis, i.e. by birth in Algeria or abroad to parents with Algerian 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 naturalisation.
Acquisition of nationality
Nationality can be acquired in Algeria through birth or naturalization.
By birth
Persons born to at least one parent with Algerian nationality; or
Foundlings born in the territory of unknown parentage.
By naturalization
Naturalization can be granted to persons who have resided in the territory for a sufficient period of time, seven years, to confirm they understand the customs and traditions of the society. General provisions are that applicants be of good character and in good health, have no criminal history, and are able to support themselves. If nationality is being considered for exceptional service to the nation, there can be no limiting conditions. In the case of a foreign spouse, a couple must have been married for three years and have established a two year residency to apply for naturalization. Muslim law in Algeria prevents full adoption of children. This lack of a legal parent-child relationship means that children who have been assigned guardians under the Islamic adoptional jurisprudence, known as kafala, are unable to inherit from a guardian and thus cannot derive parental nationality.
Loss of nationality
Algerians are allowed to renounce their nationality, provided they will not be rendered stateless, but must have permission to do so. Persons can be denaturalized in Algeria by committing a crime against state security; by performing acts which demonstrate allegiance to another nation; or by committing a serious criminal act, including fraud.
Dual nationality
Algeria does not have a provision for dual nationality in its Nationality Code. There was no provision concerning the issue in the 1963 Code, but a stipulation was added in 1970 that required renouncing other nationality for completion of the naturalization process. This provision remained in place until it was eliminated from the Code in 2005. Lack of provision does not mean the concept of multiple nationality is accepted, as certain restrictions apply. For instance, certain political and executive positions require that candidates, as well as their wives have no other nationality. In some instances, dual nationality can result in a revocation of nationality.
History
Ottoman period (1533-1834) The central Maghreb was ruled by unified medieval empires until the thirteenth century. After their collapse, fragmented dynastic states contested for sovereignty of the area. Regional warfare was continuous between dynastic powers like the Hafsid, Wattasid, and Zayyanid dynasties, as well as imperial powers like the Austrian, Spanish, and Ottoman Empires. In 1529, Khayar al-Din defeated the Spaniards, ousting them from Algiers and in 1533 the Ottoman Regency of Algiers was founded. Under Ottoman rule, subjects owed allegiance to the sultan, who in exchange for their taxes provided protection for their lives, property, and rights, including the freedom to practice of their religion. Though Muslim subjects had greater status, inhabitants who were ahl al-Kitāb (People of the Book), meaning Jewish, Christian, or Zoroastrian, were permitted to become subjects.