Nationality in Mexico is defined by multiple laws, including the 30th article of the Constitution of Mexico and other laws. The Constitution's 32nd article specifies the rights granted by Mexican legislation to Mexicans who also possess dual nationality. This article was written to establish the norms in this subject in order to avoid conflicts which may arise in the case of dual nationality. This law was last modified in 2021.
In general terms, Mexican nationality is based on both the principle of jus soli and the principle of jus sanguinis. The Mexican constitution also makes a distinction between nationals of Mexico and citizens of Mexico. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship.
Acquisition of nationality
According to the 30th article of the Constitution of Mexico, there are two ways in which a person can acquire Mexican nationality: by birth or by naturalization.
Nationality by birth
The Mexican Constitution states that Mexican nationals by birth are: people born on Mexican territory regardless of their parent's nationality. people born abroad to at least one parent who is a national of Mexico. people born on Mexican vessels or aircraft that are either for war or merchant.
Nationality by naturalization
Mexicans by naturalization are: those who obtain from the Secretariat of Foreign Affairs a letter of naturalization and an individual married to a Mexican national residing in Mexico who fulfills the requirements set forth in the Mexican nationality law: to have lived with the spouse for two years immediately prior to the date of the application.
The Nationality Law establishes also that a foreigner who wishes to naturalize must do the following: present the application to the Secretariat of Foreign Affairs; formulate the renunciation of the person's country of origin, and take the oath of sole nationality to Mexico. Once this has been given; prove knowledge of the Spanish language and of Mexican history; integration to the national culture; and prove residence in Mexico for five years immediately prior to the submission of the application, or two years of residency if: a direct descendant of a Mexican by birth; or the mother or father of a Mexican by birth; or a national of a Latin American or Iberian country; or to the judgment of the Secretariat, she or he has performed or created outstanding works in a cultural, social, scientific, technical, artistic, sports or business area that benefit the nation, in which case, the foreigner is not required to have resided in the country for the number of years prescribed in the law; or one year of residency if adopted by a Mexican national, as well as all minors, who are second generation descendants or have been under tutelage of a Mexican national.
Possession of Mexican nationality
Mexican nationality entails several obligations set forth in the 31st article of the Constitution, namely: to take their children or pupils to public or private schools to receive preschool, primary and secondary education; as well as military education as and if required by the law; to present themselves in the days and hours designated by the municipalities in which they reside to receive civic and military instruction; to enlist and serve in the Mexican Armed Forces (which includes Mexican Army, Mexican Air Force, Mexican Navy, and Mexican Navy Infantry Force/Marine Corps) to defend the independence, territory, honor, rights and interest of the nation; to contribute to the public expenditures through their taxes;
Documents that serve as proof of nationality are the following: birth certificates; letter of naturalization; passports; OP7 (minor’s passport) and consular identity cards (Matricula consular) if they have a digital photograph, a magnetic band and a holographic identification.