Package 03

Temporary citizenship is a three-year transitional status for persons who have already lived in Armenia for at least six months and have confirmed a stable connection with the country. It is being built as a strong institution of legal integration with subsequent access to full citizenship.

Key element Content
Term3 years
Basic criterionAt least six months of legal residence in Armenia
Status contentThe right to residence, work, business, education, healthcare, documentation and guaranteed legal connection with Armenian jurisdiction
Further routeRight to apply for full citizenship during the period of temporary citizenship
6 months minimum length of stay
3 years period of temporary citizenship
1 status single secure legal framework
1 transition route to full citizenship
Documents for download

A full-fledged model of temporary citizenship is based on a constitutional package and a separate law.

Open constitutional package Download constitutional package Download the temporary citizenship package

Draft Law “On Temporary Citizenship of the Republic of Armenia”

PROJECT

LAW OF THE REPUBLIC OF ARMENIA

“On temporary citizenship of the Republic of Armenia”

Chapter 1. General provisions

Article 1. Subject of regulation

1. This Law determines the grounds, conditions and procedure for granting temporary citizenship of the Republic of Armenia, the scope of rights and obligations of a person holding temporary citizenship of the Republic of Armenia, the grounds for refusal, termination and loss of temporary citizenship, as well as the procedure for transferring to citizenship of the Republic of Armenia in a general or simplified manner.

2. Temporary citizenship of the Republic of Armenia is an urgent form of civil connection of a person with the Republic of Armenia and is granted in the manner established by the Constitution of the Republic of Armenia, this Law and other laws of the Republic of Armenia.

Article 2. Basic concepts

For the purposes of this Law, the following basic concepts are used:

1) temporary citizenship of the Republic of Armenia - an urgent form of civil connection of a person with the Republic of Armenia;

2) passport of a temporary citizen of the Republic of Armenia - a document identifying the identity and status of a person holding temporary citizenship of the Republic of Armenia, and being his travel document in cases and within the limits permitted by international law and the law of the state of destination;

3) authorized body - a government body designated by the Government of the Republic of Armenia for the reception, verification and preliminary consideration of applications for temporary citizenship.

Article 3. Persons entitled to temporary citizenship

1. The right to submit an application for temporary citizenship of the Republic of Armenia has a foreign citizen or stateless person who:

1) has reached the age of eighteen;

2) legally resided in the territory of the Republic of Armenia for at least 183 days during the twelve months immediately preceding the submission of the application;

3) has legal grounds for staying or residing in the Republic of Armenia on the day of filing the application;

4) has residential premises in the Republic of Armenia and means of subsistence or has confirmed support from an employer, family member or other guarantor;

5) signs an obligation to comply with the Constitution and laws of the Republic of Armenia.

2. Minor children of the applicant may receive temporary citizenship simultaneously with the applicant or after him in a simplified manner established by the Government of the Republic of Armenia.

Article 4. Duration of temporary citizenship

1. Temporary citizenship of the Republic of Armenia is granted for a period of three years.

2. If a person holding temporary citizenship of the Republic of Armenia has submitted an application for acquiring citizenship of the Republic of Armenia before the expiration of the period of temporary citizenship, temporary citizenship and the validity of the temporary citizen’s passport are retained until the final decision on the application comes into force.

Article 5. Competent authorities

1. An application for temporary citizenship is submitted in person to the authorized body.

2. The authorized body checks the submitted documents, requests information from the competent authorities about the existence of grounds for refusal, draws up a conclusion and submits a proposal to grant or refuse temporary citizenship.

3. Temporary citizenship is granted by decree of the President of the Republic of Armenia upon the proposal of the authorized body, unless a different procedure is established by law.

Article 6. Time limit for consideration of an application

1. An application for temporary citizenship is subject to consideration within a period not exceeding 90 working days from the date of its registration.

2. In humanitarian cases, the Government of the Republic of Armenia has the right to establish an accelerated procedure.

Article 7. Oath of a temporary citizen

1. A person who is granted temporary citizenship of the Republic of Armenia takes the following oath:

“By receiving temporary citizenship of the Republic of Armenia, I undertake to comply with the Constitution and laws of the Republic of Armenia, respect the state language, law and order and the constitutional system of the Republic of Armenia, and also not to commit actions to the detriment of its independence, security and territorial integrity.”

2. The text of the oath is signed by the applicant personally.

Chapter 2. Rights, guarantees and obligations

Article 8. Basic scope of rights

1. A person who has temporary citizenship of the Republic of Armenia enjoys the rights and bears the responsibilities of a citizen of the Republic of Armenia, unless otherwise directly provided for by the Constitution of the Republic of Armenia, this Law or other laws.

2. A person holding temporary citizenship of the Republic of Armenia, in particular, has the right:

1) legally reside in the territory of the Republic of Armenia during the entire period of temporary citizenship;

2) freely carry out labor and entrepreneurial activities without obtaining a separate work permit;

3) acquire property, enter into transactions, open bank accounts and use financial services under the conditions established for citizens of the Republic of Armenia, unless otherwise follows from special laws;

4) use the education system, health care and social services in the manner established by the laws of the Republic of Armenia;

5) receive a passport of a temporary citizen of the Republic of Armenia;

6) freely leave the Republic of Armenia and be guaranteed to return to the Republic of Armenia;

7) receive protection of the Republic of Armenia within the limits of international law;

8) apply for acquisition of citizenship of the Republic of Armenia in a simplified manner.

3. A person who has temporary citizenship of the Republic of Armenia does not have the right to vote, be elected and participate in a referendum in cases provided for by the Constitution of the Republic of Armenia.

4. The issue of military service for persons holding temporary citizenship of the Republic of Armenia is regulated separately by law and cannot be interpreted broadly until a direct rule of law is adopted.

Article 9. Passport of a temporary citizen

1. A person holding temporary citizenship of the Republic of Armenia is issued a passport of a temporary citizen of the Republic of Armenia.

2. The passport of a temporary citizen is an identification document on the territory of the Republic of Armenia, as well as a travel document in cases where its use is permitted by international law, international treaties of the Republic of Armenia and the law of the destination state.

3. The state guarantees the acceptance of the specified document for entry into the Republic of Armenia.

4. The issuance of a temporary citizen's passport does not create an obligation for a foreign state to admit a person to its territory contrary to its own right.

Article 10. Family of a temporary citizen

1. The spouse, minor children and disabled parents of a person holding temporary citizenship of the Republic of Armenia have the right to receive a derivative status of residence or other special status in a simplified manner.

2. The Government of the Republic of Armenia may provide for a simplified procedure for granting temporary citizenship to family members in cases of stable ties of the family with the Republic of Armenia.

Article 11. Transition to full citizenship

1. A person who has temporary citizenship of the Republic of Armenia has the right, during the period of validity of temporary citizenship, to submit an application for acquiring citizenship of the Republic of Armenia in a simplified manner.

2. The simplified procedure is applied if the person:

1) has resided continuously in the Republic of Armenia for at least twelve months from the date of granting temporary citizenship;

2) can speak Armenian;

3) is familiar with the Constitution of the Republic of Armenia;

4) has no grounds for refusal established by law.

3. The time of legal residence of a person in the Republic of Armenia before the granting of temporary citizenship and the time spent in the status of a temporary citizen are counted towards the period of residence for the purposes of citizenship legislation.

Chapter 3. Grounds for refusal, termination and loss

Article 12. Grounds for refusal to grant temporary citizenship

Granting temporary citizenship of the Republic of Armenia may be refused if:

1) the person has provided false information or forged documents;

2) the person was expelled from the Republic of Armenia or deprived of residence status and less than three years have passed from the date of entry into force of the relevant decision;

3) the person has an unexpunged or outstanding conviction for a serious or especially serious crime;

4) there is reliable information about the activities of a person directed against state security, the constitutional order, territorial integrity or public safety of the Republic of Armenia;

5) there is reliable information about the person’s involvement in terrorism, human trafficking, violent extremism or organizing illegal border crossings;

6) a person evades the fulfillment of legal duties assigned to him in the Republic of Armenia, and such evasion is of a significant nature.

Article 13. Termination of temporary citizenship

1. Temporary citizenship of the Republic of Armenia is terminated:

1) at the request of the person;

2) in connection with the acquisition of citizenship of the Republic of Armenia;

3) in connection with the establishment of the fact of obtaining temporary citizenship on the basis of false information or forged documents;

4) on the grounds provided for in paragraphs 3–5 of Article 12 of this Law, if these grounds arose or were identified after the status was granted.

2. The decision to terminate temporary citizenship must be motivated.

Article 14. Appeal

1. The refusal to grant temporary citizenship, as well as the decision to terminate temporary citizenship, may be appealed in court.

2. Filing a complaint suspends the execution of the decision to terminate temporary citizenship, unless the court determines otherwise.

Chapter 4. Protection from extradition and international cooperation

Article 15. Prohibition of extradition

1. A person who has temporary citizenship of the Republic of Armenia cannot be extradited to a foreign state.

2. Receipt of a request for extradition does not entail the termination of temporary citizenship.

3. In cases where the extradition of a person is impossible by virtue of the Constitution of the Republic of Armenia and this Law, the competent authorities of the Republic of Armenia consider the issue of domestic criminal prosecution, transfer of criminal proceedings or other forms of international legal cooperation in the manner prescribed by law and international treaties of the Republic of Armenia.

Chapter 5. Final and transitional provisions

Article 16. Amendments to the Law of the Republic of Armenia “On Citizenship of the Republic of Armenia”

1. Supplement the Law of the Republic of Armenia “On Citizenship of the Republic of Armenia” with a new article on temporary citizenship of the Republic of Armenia.

2. Article 5 of the said Law shall be amended to prohibit the extradition of a citizen of the Republic of Armenia, a person who has temporary citizenship of the Republic of Armenia, and a person who has a special citizenship of the Republic of Armenia.

3. Article 13 of the said Law should be supplemented with the basis for simplified acquisition of citizenship for persons holding temporary citizenship of the Republic of Armenia.

4. Establish that the forms of documents, the procedure for considering applications and other procedural issues are approved by the Government of the Republic of Armenia.

Article 17. Entry into force

This Law comes into force simultaneously with the entry into force of amendments to the Constitution of the Republic of Armenia providing for temporary citizenship of the Republic of Armenia.

Key benefits of the temporary citizenship model

For relocants

  • your own Armenian document and protected status appears;
  • no longer need to depend only on the foreigner’s migration law;
  • there is constitutional protection against extradition;
  • there is the right to transfer to full citizenship not after a formal “nullification”, but within the framework of an already existing legal connection with Armenia.

For Armenia

  • people are being taken out of the gray or semi-gray zone of long-term stay;
  • the tax base and business environment are strengthened;
  • a stable community of new loyal residents is being formed;
  • Armenia receives an instrument of soft but sovereign humanitarian policy.

Explanatory note

Why is the term three years?

The three-year term was not chosen by chance. It is consistent with the current logic of Armenian naturalization, where permanent legal residence for three years already serves as a basic criterion for obtaining citizenship. Thus, temporary citizenship does not create a competing horizon, but is built into an already existing legal architecture.

Why is the residence criterion six months?

Six months is the minimum period that makes it possible to distinguish an accidental short-term stay from real roots in the country. It is short enough to protect people who have actually integrated, and long enough for the state to see the person’s basic good faith and connection to Armenia.

How the project responds to the document problem

The draft does not promise the impossible: it does not claim that Armenia can force third states to accept an Armenian document in place of the applicant’s national passport. But it solves what Armenia can really solve: it gives its own status, its own legal protection, its own status document and a guaranteed path of return to Armenia.

Why is there only one limitation?

The idea of ​​the project is that temporary citizenship should be as close as possible to citizenship by rights, and therefore the main and direct limitation in it is the impossibility of participating in elections and referendums. If the state considers it necessary to introduce additional restrictions, this should be separately and explicitly justified, and not assumed by default.

The most sensitive legal points

Question Solution in the project Comment
Voting rights excluded at the level of the Constitution Otherwise, the status of temporary citizenship would automatically entail the right to vote and participate in a referendum
Transition to full citizenship a simplified procedure is introduced during the period of temporary citizenship This makes the status a “bridge” rather than a dead-end three-year visa of the new type
International travel the law honestly recognizes the limits of the Armenian document Armenia guarantees its jurisdiction and return to Armenia, but cannot prescribe admission rules to a foreign state
Issue strictly prohibited The project is based not on a temporary political guarantee, but on constitutional immunity from extradition
Military duty not distributed automatically A special clause has been included in the draft so that temporary citizenship does not turn into a hidden imposition of new obligations without a separate law

Constitutional package (for reading)

  PROJECT
  
LAW OF THE REPUBLIC OF ARMENIA
  
“On introducing amendments and additions to the Constitution of the Republic of Armenia”
  
Article 1. In Part 8 of Article 47 of the Constitution the words
  
“Citizens of the Republic of Armenia, being outside the Republic of Armenia, are under the protection of the Republic of Armenia on the basis of international law”
  
replace with words
  
“Citizens of the Republic of Armenia, persons with temporary citizenship of the Republic of Armenia, and persons with special citizenship of the Republic of Armenia, while outside the Republic of Armenia, are under the protection of the Republic of Armenia on the basis of international law and in the manner prescribed by law.”
  
Article 2. Add Article 47.1 to the Constitution with the following content:
  
“Article 47.1. Temporary citizenship and special citizenship of the Republic of Armenia
  
1. In the Republic of Armenia, temporary citizenship of the Republic of Armenia and special citizenship of the Republic of Armenia may be established by law.
  
2. Temporary citizenship of the Republic of Armenia is a form of civil connection of a person with the Republic of Armenia established by law, granted for a certain period. A person who has temporary citizenship of the Republic of Armenia enjoys the rights and bears the responsibilities of a citizen of the Republic of Armenia, unless otherwise expressly provided by this Constitution or law.
  
3. Special citizenship of the Republic of Armenia is not citizenship, but creates a protected public legal connection of a person with the Republic of Armenia and provides the scope of rights, guarantees and obligations established by the Constitution and law.
  
4. The grounds, procedure for acquiring, confirming, terminating and losing temporary citizenship of the Republic of Armenia and special citizenship of the Republic of Armenia, as well as the types of identification documents are determined by law.
  
5. The Republic of Armenia ensures the protection of persons possessing temporary citizenship of the Republic of Armenia or special citizenship of the Republic of Armenia, within the limits of international law and in the manner established by law.”
  
Article 3. Parts 1–3 of Article 48 of the Constitution shall be stated as follows:
  
"1. Citizens of the Republic of Armenia who have reached eighteen years of age by the day of elections to the National Assembly or by the day of a referendum have the right to vote and participate in a referendum.
  
Persons holding temporary citizenship of the Republic of Armenia do not have the right to vote, be elected or participate in a referendum.
  
2. A person who has reached twenty-five years of age, has only had citizenship of the Republic of Armenia for the previous four years, has permanently resided in the Republic for the previous four years, has the right to vote and speaks the Armenian language can be elected as a deputy of the National Assembly.
  
3. Citizens of the Republic of Armenia who have reached eighteen years of age by the day of elections or a local referendum have the right to vote and be elected in elections to local self-government bodies, as well as to participate in a local referendum.
  
The law may provide for the right of persons who do not have citizenship of the Republic of Armenia to participate in elections of local self-government bodies and in local referendums.
  
Persons who have temporary citizenship of the Republic of Armenia do not have the rights provided for in this part.”
  
Article 4. Part 3 of Article 40 of the Constitution shall be stated as follows:
  
"3. A citizen of the Republic of Armenia, a person who has temporary citizenship of the Republic of Armenia, a person who has a special citizenship of the Republic of Armenia, as well as a person who has the right to legally reside in the Republic of Armenia, have the right to enter the Republic of Armenia.”
  
Article 5. Part 4 of Article 40 of the Constitution shall be stated as follows:
  
"4. The right of a citizen of the Republic of Armenia, a person with temporary citizenship of the Republic of Armenia, and a person with a special citizenship of the Republic of Armenia to enter the Republic of Armenia is not subject to restrictions.”
  
Article 6. Part 2 of Article 55 of the Constitution shall be stated as follows:
  
"2. A citizen of the Republic of Armenia, a person with temporary citizenship of the Republic of Armenia, and a person with special citizenship of the Republic of Armenia cannot be extradited to a foreign state.”
  
Article 7. This Law comes into force on the day of the official publication of the results of the referendum by which it was adopted, unless otherwise established by the transitional provisions.
  
Article 8. To the Government of the Republic of Armenia, within six months after the entry into force of this Law:
  
1) submit to the National Assembly draft laws arising from this Law;
  
2) create a state register of temporary citizenship and special citizenship;
  
3) approve the forms of a temporary citizen’s passport and a document of special citizenship;
  
4) bring by-laws into compliance with this Law.
  

Explanation of each constitutional amendment

Amendment Why is it needed? Practical effect
Article 47(8) Currently, the protection of Armenia abroad is directly guaranteed only to citizens. Temporary citizens and persons with a national identity receive a constitutional basis for consular and legal protection.
New Article 47.1 There is no category of temporary citizenship and no category of citizenship in the current Constitution. A direct constitutional basis for two new legal institutions appears.
Article 48 Now the right to vote and participation in a referendum is strictly tied to citizenship. A legal mechanism for temporary citizenship without political electoral participation is being created.
Article 40 It is necessary to guarantee unconditional return entry to Armenia. Armenia is constitutionally obligated to admit not only citizens, but also protected new categories.
Article 55 The current Constitution leaves a clause on international treaties in the ban on the extradition of citizens. The guarantee of protection is strengthened and extends to both new categories.

Explanatory note to the constitutional draft

Why a simple law is not enough

What exactly is changing

Why should the extradition ban be formulated in general terms?

Listing a specific country in the Constitution would create unnecessary vulnerability and political selectivity. It is much more sustainable and legally cleaner to establish a general ban on extradition to any foreign state. This design also works better against attempts to bypass through third countries.

International legal aspect

The Enhanced Protection Guarantee Amendment means that once adopted, Armenia must align its treaty and customary extradition practices. This does not mean a rejection of international cooperation in the criminal sphere: mutual legal assistance, exchange of evidence, the possibility of prosecution on the territory of Armenia and other forms of cooperation that do not violate the constitutional prohibition of extradition remain.

The need for a referendum

Since the amendments affect the provisions of Chapters 2–3 of the Constitution, their adoption requires compliance with a special procedure for constitutional review and submission of the draft to a referendum. This finding should be factored into the campaign calendar, government communications, and campaign roadmap.

Minimum set of subsequent laws

State effect of the constitutional package

The constitutional package is an instrument of state sustainability and gives Armenia the opportunity to:

Proposed accompanying amendments to the Citizenship Law

  1. Add to the list of documents certifying civil ties with Armenia, temporary citizen passport.
  2. Change the rule on the inadmissibility of extradition so that it directly covers not only full citizens, but also temporary citizens and persons with a special citizenship.
  3. Include temporary citizenship as an independent basis for simplified acquisition of full citizenship.
  4. Clarify the competence of the authorities considering applications.