Obtaining citizenship of Bosnia and Herzegovina 2026: requirements

Key facts about obtaining B&H citizenship
- Citizenship is acquired in five ways: by descent, by birth on the territory of B&H, by adoption, by naturalisation and under an international agreement.
- Which law applies depends on the date of birth: persons born before 1 January 1998 fall under the old Law on Citizenship of the Republic of B&H, those born after that date under the current Law on Citizenship of B&H (22/16).
- Anyone who acquired citizenship by descent is a citizen from the moment of birth. Age is no obstacle, and registration in the civil registers can be requested at any time.
- Descent does not require renunciation of the foreign citizenship. Naturalisation does.
- Naturalisation requires 18 years of age and at least three years of approved permanent residence (amended in 2013; previously eight years).
- Facilitated naturalisation of a spouse: a marriage of at least five years that is still in force at the time of application, plus approved permanent residence.
- In descent cases citizenship is entered in the register without a separate decision; in naturalisation cases the decision is issued by the competent entity authority or Brcko District, with the consent of the Ministry of Civil Affairs of B&H.
- We represent clients across the whole territory of B&H, without the client travelling to the country.
Citizenship of Bosnia and Herzegovina, commonly called Bosnian citizenship, is acquired in five ways: by descent, by birth on the territory of B&H, by adoption, by naturalisation and under an international agreement. Most of our clients from the diaspora acquire it by descent, that is on the basis of their parents, and for that ground there is neither an age limit nor any obligation to give up the foreign citizenship.
Our law office has been representing clients in citizenship matters since 1993. We conduct proceedings before authorities in the Federation of B&H, Republika Srpska and Brcko District, and the client does not need to travel to the country: a power of attorney certified by a notary is sufficient. If you are more interested in the practical sequence of steps than in the requirements, see also how to get citizenship of Bosnia and Herzegovina.
Citizenship is a permanent legal relationship between the state and a natural person, from which both rights and obligations arise for that person. As a rule, the status of a citizen does not depend on where the person actually lives. Citizenship, civil registers and personal names are governed by roughly a hundred legal sources: conventions, laws, rulebooks, instructions and decisions.
Every state determines for itself who its citizens are and under which conditions that status is acquired or lost. The same principle is confirmed by the European Convention on Nationality of 1997, which in Article 3 provides that each state shall determine under its own law who its nationals are.
Citizenship is also a constitutional category. Article I/7 of the Constitution of B&H provides that there is a citizenship of Bosnia and Herzegovina, regulated by the Parliamentary Assembly, and a citizenship of each entity, regulated by the entity itself. The Constitution prohibits arbitrary deprivation of citizenship, as well as leaving anyone stateless or depriving them of citizenship on grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Abroad, a citizen of B&H is also protected by the diplomatic and consular missions of the country, for example the Embassy of B&H in Switzerland, the Embassy of B&H in Sweden, the Embassy of B&H in Norway and the Embassy of B&H in the USA.
Ways of acquiring B&H citizenship
- By descent, on the basis of the parents' citizenship at the time of birth. By far the most common ground in practice, and the only one where the foreign citizenship is kept without any further conditions.
- By birth on the territory of B&H, where the child would otherwise be left stateless.
- By adoption by a citizen of B&H, provided the adoption is full.
- By naturalisation, ordinary or facilitated, subject to residence and renunciation of the previous citizenship.
- Under an international agreement, in line with bilateral treaties approved by the Parliamentary Assembly of B&H.
Which law applies to your case
This is the first question to answer, because both the requirements and the procedure depend on it. What matters is the applicant's date of birth:
- Born before 1 January 1998: the Law on Citizenship of the Republic of Bosnia and Herzegovina applies (Official Gazette of the RB&H, No. 30/96, consolidated text).
- Born on 1 January 1998 or later: the Law on Citizenship of Bosnia and Herzegovina applies (Official Gazette of B&H, No. 22/16, official consolidated text).
For persons born up to 1 January 1998 who are not entered in the civil registers in B&H, the subsequent registration of the fact of birth and the fact of citizenship is carried out under the Instruction published in the Official Gazette of B&H, No. 30/16, while the entry itself follows the rules of the entity, or of Brcko District.
How we present the statutory provisions. Below we set out the provisions in our own words, organised by requirement and with the exact article, paragraph and point cited, because that is more usable than a reprinted statute. The full statutory text is available in our legislation database.
Acquisition by descent (on the basis of your parents)
This is the ground under which most of our diaspora clients apply, above all from Germany, Austria and Switzerland. For persons born before 1 January 1998 the following provisions of the old law are decisive.
Article 4 (Law on Citizenship of the RB&H, 30/96)
Article 4 lists four situations in which a child acquires citizenship by descent:
- Both parents were citizens of B&H at the moment of the child's birth, regardless of where the child was born.
- One parent was a citizen of B&H and the child was born on the territory of B&H.
- One parent was a citizen of B&H, the other was stateless, and the child was born abroad.
- One parent was a citizen of B&H, the other was a citizen of the former SFRY, and the child was born abroad (point 4).
The last point is the provision invoked by the largest number of our clients: a father or mother from B&H, the other parent from another republic of the former Yugoslavia, and a child born in Germany, Austria or Switzerland. The same article also covers a child of foreign or no citizenship fully adopted by citizens of B&H under the rules of international law.
Article 5 (Law on Citizenship of the RB&H, 30/96)
Article 5 covers the remaining situation: a child born abroad where only one parent was a citizen of B&H and the other was a foreign citizen who was not a citizen of the former SFRY. Such a child acquires citizenship by descent only under one of two conditions:
- the child is registered as a citizen of B&H with the competent authority, at home or abroad, before reaching the age of 23, or
- the child resides in B&H for a longer period for the purpose of upbringing or education.
There is an exception where the child would otherwise be left without any citizenship. In that case citizenship is acquired even without those conditions.
Article 6 (Law on Citizenship of the RB&H, 30/96)
Article 6 states the consequence that matters most in practice: a person who acquires citizenship under Articles 4 or 5 is deemed a citizen of B&H from the moment of birth, not from the day of entry in the registers.
What this means in practice. If your case falls under Article 4, you are a citizen of B&H from birth and that status does not lapse. Age is no obstacle. Not being entered in the registers does not affect the existence of the citizenship, only its record, so you can request the entry at any time. It is also irrelevant to the authorities in B&H which other citizenships you hold, or how many.
The distinction clients most often miss. The 23-year deadline in Article 5 applies where one parent was a citizen of B&H and the other a foreign citizen who was not a citizen of the former SFRY. If the other parent was a citizen of the former SFRY (for example from Croatia, Serbia or Slovenia), Article 4 point 4 applies and there is no deadline, no matter how old you are today.
If a parent has died in the meantime, that is not an obstacle. The certificate of the parent's citizenship is obtained from the register of citizens according to the place of their entry, and we obtain it under a power of attorney.
Descent under the current Law on Citizenship of B&H
For persons born from 1 January 1998 onwards, the current law applies.
Article 6 (Law on Citizenship of B&H, 22/16)
For a child born after the entry into force of the Constitution of B&H, Article 6 sets out four grounds of acquisition by descent:
- both parents were citizens of B&H at the time of the child's birth, regardless of the place of birth (point a);
- one parent was a citizen of B&H and the child was born on the territory of B&H (point b);
- one parent was a citizen of B&H and the child was born abroad, but only if the child would otherwise be stateless (point c);
- the child was born abroad to one parent who was a citizen of B&H, provided that before reaching the age of 23 the child files an application for registration of citizenship with the competent authority (point d).
The difference from the old law is significant and clients regularly overlook it: the current law contains no provision about a parent who was a citizen of the former SFRY. As a result, for a child born abroad after 1 January 1998 to one parent from B&H and one foreign parent, the 23-year deadline in point d) will almost always apply.
Acquisition by birth on the territory of B&H
Article 7 (Law on Citizenship of B&H, 22/16)
A child born or found on the territory of B&H after the entry into force of the Constitution acquires citizenship if both parents are unknown, of unknown citizenship or stateless, or if the child would otherwise be stateless. The purpose of the provision is to prevent statelessness.
Acquisition by adoption
Article 8 (Law on Citizenship of B&H, 22/16)
A child under 18 fully adopted by a citizen of B&H acquires citizenship. The adoption must be full; incomplete adoption does not give rise to citizenship on this ground.
Acquisition by naturalisation
Article 9 (Law on Citizenship of B&H, 22/16)
Article 9 paragraph (1) sets out twelve requirements that a foreign national must meet cumulatively:
- at least 18 years of age (point a);
- approved permanent residence in B&H for at least three years before filing the application (point b);
- sufficient knowledge of the script and language of one of the constituent peoples (point c);
- no expulsion or removal measure in force against the applicant (point d);
- no conviction to a sentence longer than three years for an intentional criminal offence within eight years before the application (point e);
- renunciation or loss of the previous citizenship before acquiring B&H citizenship; this is not required if it is not permitted, cannot reasonably be required, or if a bilateral agreement provides otherwise (point f);
- no criminal proceedings pending against the applicant (point g);
- the applicant does not pose a threat to the security of B&H (point h);
- a steady source of income sufficient for subsistence, or reliable evidence of financial means (point i);
- all tax and other financial obligations settled (point j);
- a signed statement accepting the legal system and constitutional order of B&H (point k);
- a valid guarantee of acquisition of B&H citizenship (point l).
Paragraph (2) also gives the authority discretion: naturalisation may be refused even where all requirements are formally met, if there are reasonable grounds to suspect that the security of the country or public order would be endangered, or if for some other reason it is not in the interest of B&H.
Three years, not eight. The requirement in point b) was amended in 2013 (Law on Amendments, Official Gazette of B&H No. 87/13) and now stands at three years of approved permanent residence. A large number of texts online still quote the old eight-year period, which leads applicants to give up unnecessarily.
Residence is a separate procedure. Temporary and permanent residence of foreign nationals is governed by the rules on foreigners. Without approved residence there is no naturalisation.
Facilitated naturalisation and special cases
Article 10 (spouse of a citizen of B&H)
A foreign national who is the spouse of a citizen of B&H acquires citizenship under four conditions:
- the marriage lasted at least five years before the application and is still in force at the time of filing (point a);
- renunciation or loss of the previous citizenship, subject to the same exceptions as under Article 9 (point b);
- approved permanent residence in B&H (point c);
- the applicant does not pose a threat to the security of B&H (point d).
What is regularly overlooked: Article 10 stands on its own and does not refer to the remaining requirements of Article 9. A spouse therefore does not have to show three years of residence, does not sit a language test, and does not have to prove income. Only approved permanent residence is required, with no minimum duration prescribed.
Article 11 (minor child of a naturalised parent)
A child under 18 whose parent has acquired B&H citizenship is entitled to citizenship by naturalisation if the child has approved temporary or permanent residence in B&H. The application is filed by the parent who is a citizen of B&H, and if the child is older than 14, the child's consent is also required.
Article 12 (stateless persons and refugees)
A stateless person and a person with refugee status may acquire citizenship without five of the requirements of Article 9 paragraph (1): without the three-year permanent residence, without the language test, without renouncing the previous citizenship, without proof of income and without proof of settled financial obligations. The condition is uninterrupted residence in B&H in that status for five years before the application.
A minor child of such a person has the same right, subject to even lighter conditions and regardless of the length of residence; if the child is older than 14, the child's consent is required.
Article 13 (returning emigrants and their descendants)
Emigrants who have returned to B&H, and the first and second generation of their descendants who have returned, are entitled to citizenship without two of the requirements of Article 9 paragraph (1): without the three-year permanent residence and without renouncing the previous citizenship.
The spouse of such a person is exempt from the residence requirement but must meet the marriage and renunciation conditions of Article 10 points a) and b).
Article 15 (person of particular benefit to B&H)
Where the naturalisation of a person is considered, in an individual case, to be of particular benefit to Bosnia and Herzegovina, that person may acquire citizenship without three of the requirements of Article 9 paragraph (1): without the age requirement, without the three-year permanent residence and without renouncing the previous citizenship.
The decision on this ground is taken by consensus by the Council of Ministers of B&H, and the application is filed through the Ministry of Civil Affairs of B&H. Because the renunciation requirement is also waived, the person keeps their previous citizenship. An example of such a decision is given below on this page.
Article 16 (bilateral agreements)
Wherever the law requires the loss of the previous citizenship, the person nevertheless keeps it if there is a bilateral agreement between B&H and that state, approved by the Parliamentary Assembly of B&H in accordance with Article IV 4 d) of the Constitution.
Re-acquisition of B&H citizenship (Article 14)
This is the ground for persons whose B&H citizenship ceased because they had to acquire or keep the citizenship of another state, most often German or Austrian. The opposite procedure is dealt with on our page on renunciation of citizenship of Bosnia and Herzegovina.
Article 14 (Law on Citizenship of B&H, 22/16)
A person whose B&H citizenship ceased by renunciation or by release, for the purpose of acquiring or keeping the citizenship of another state, may apply for re-acquisition. The conditions are:
- the age requirement and the three-year permanent residence under Article 9 paragraph (1) points a) and b) do not apply;
- approved temporary residence in B&H of at least one year immediately before the application is required, or approved permanent residence;
- the remaining requirements of Article 9 do apply, including renunciation of the citizenship acquired in the meantime.
The law speaks expressly of cessation by renunciation or by release. The ground therefore does not cover persons whose citizenship was revoked, since revocation is a separate mode of cessation. The Constitutional Court of B&H, in case U-19/22, held that this arrangement is in conformity with the Constitution.
Dual citizenship: when you must renounce the previous one
This is the question our clients from Germany, Austria and Switzerland ask before any other. There is no single answer; it depends entirely on the legal ground:
- By descent (Article 4 of the old law, Article 6 of the current one): renunciation is not required. The requirement in Article 9 paragraph (1) point f) is tied to naturalisation and does not apply to this ground. That is why decisions on subsequent registration regularly record that the person holds both the foreign and the B&H citizenship.
- By naturalisation (Article 9) and facilitated naturalisation (Article 10): renunciation or release from the previous citizenship is required, unless a bilateral agreement with that state exists.
- By re-acquisition (Article 14): the requirements of Article 9 apply, except points a) and b), so the renunciation requirement remains.
- As a person of particular benefit (Article 15): the renunciation requirement is expressly waived, so the previous citizenship is kept.
B&H has concluded dual citizenship treaties with only a small number of states. No such treaty exists with Germany, Austria or Switzerland, which is why nationals of those countries who apply for naturalisation must produce evidence that their previous citizenship has ceased. We verify the current status of the agreements in each individual case.
Competent authorities and the course of the procedure
Jurisdiction is governed by Articles 31 and 32 of the Law on Citizenship of B&H and is most often misread in practice. The Ministry of Civil Affairs of B&H does not issue the decision in every case:
- Acquisition by descent, by birth and by adoption (Articles 6, 7 and 8): citizenship is entered in the register of births without a separate decision, as soon as the authority establishes that the requirements are met. The procedure is conducted by the registry office, that is by the competent municipal or city department.
- Naturalisation, facilitated naturalisation and re-acquisition (Articles 9 to 14): the decision is issued by the competent entity authority (the Federal Ministry of the Interior, or the Ministry of the Interior of Republika Srpska) or by the competent authority of Brcko District. The decision is sent to the Ministry of Civil Affairs of B&H and enters into force two months after it is sent, unless the Ministry finds that the requirements are not met.
- Person of particular benefit to B&H (Article 15): the decision is taken by consensus by the Council of Ministers of B&H.
- Citizenship records and consents to decisions of entity authorities are kept by the Ministry of Civil Affairs of B&H.
For subsequent registration, the competent office is the registry office of the municipality or city where the applicant or the applicant's parent last had residence in B&H. If there was no residence in B&H, the application is filed with the registry office according to the place where the parent's birth or citizenship was entered.
Where the procedure is conducted: authorities by city
Territorial jurisdiction is determined by the place where your parents are registered, not by the place where you live. If a parent was registered in Sarajevo, Banja Luka, Tuzla, Zenica, Mostar, Bijeljina or any other municipality, the application goes to that registry office. We conduct the procedure before whichever authority is competent, in any city and any entity, and without you travelling to the country.
| Level | Authority | Cities |
|---|---|---|
| Bosnia and Herzegovina | Ministry of Civil Affairs of B&H (consent and records) and the Council of Ministers of B&H (Article 15) | Sarajevo |
| Federation of B&H | Registry offices and municipal or city departments of general administration; Federal Ministry of the Interior (naturalisation and second instance) | Sarajevo, Tuzla, Zenica, Mostar, Bihac, Travnik, Livno, Gorazde, Siroki Brijeg, Orasje |
| Republika Srpska | Registry services of city and municipal administrations; Ministry of the Interior of RS (naturalisation); Ministry of Administration and Local Self-Government (second instance) | Banja Luka, Bijeljina, Prijedor, Doboj, Zvornik, Trebinje |
| Brcko District of B&H | Department for the Public Register; Appellate Commission (second instance) | Brcko |
The cases presented below on this page were conducted, among others, before authorities in Brcko, Prijedor, Tomislavgrad and Busovaca, while the guarantee and the decision on admission to citizenship were issued in Sarajevo.
The procedure step by step
- Establishing the legal ground and the applicable law: date of birth, citizenship of both parents at the time of birth, place of birth.
- Power of attorney to the attorney, certified by a notary, with an Apostille stamp and a certified translation where required.
- Obtaining documents in B&H and abroad: extracts from the registers, certificates of the parents' citizenship, a certificate that the person is not already entered in the registers.
- Filing the application with the competent authority: the registry office, the entity ministry of the interior, or the Department for the Public Register of Brcko District.
- Conducting the administrative proceedings and submitting supplements at the authority's request.
- Issue of the decision, or entry in the register of births and the register of citizens.
- Obtaining the certificate of citizenship, and then the personal documents: identity card and B&H passport.
Overview of grounds, requirements and jurisdiction
| Legal ground | Key requirement | Who decides | Indicative duration |
|---|---|---|---|
| Descent (parents) | A parent was a citizen of B&H at the time of birth | Registry office, entry without a separate decision | A few weeks to a few months |
| Birth on the territory of B&H | Parents unknown, of unknown citizenship or stateless | Competent entity authority or Brcko District | A few months |
| Adoption | Full adoption by a citizen of B&H, child under 18 | Competent entity authority or Brcko District | A few months |
| Naturalisation (Article 9) | 18 years of age, three years of permanent residence, renunciation of the previous citizenship, guarantee | Entity authority, with the consent of the Ministry of Civil Affairs of B&H | Several months |
| Facilitated naturalisation (Article 10) | Marriage of five years still in force, permanent residence | Entity authority, with the consent of the Ministry of Civil Affairs of B&H | Several months |
| Re-acquisition (Article 14) | Cessation by renunciation or release, one year of temporary or approved permanent residence | Entity authority, with the consent of the Ministry of Civil Affairs of B&H | Several months |
| Particular benefit to B&H (Article 15) | Naturalisation of particular benefit to the state | Council of Ministers of B&H, by consensus | Depends on the case |
Required documents
The exact list depends on the legal ground and on the authority conducting the procedure, but in practice it comes down to the following.
Acquisition by descent and subsequent registration
- Extract from the register of births of the applicant, issued in the country of birth, with an Apostille stamp where required.
- Proof of identity and citizenship: a certified copy of the foreign passport or a certificate of foreign citizenship.
- Certificate of citizenship of the parent who was a citizen of B&H at the time of birth, and an extract from the register of births for that parent.
- Certificate that the applicant is not entered in the register of births and the register of citizens at the place of birth or of the parent's entry.
- Proof of a change of first name or surname, if any change has occurred (marriage certificate, decision on change of name).
- If the marriage was concluded or dissolved abroad, recognition of the foreign decision and registration of the marriage in B&H may be required before the entry.
- Power of attorney to the attorney, certified by a notary, and certified translations.
Naturalisation and facilitated naturalisation
- Proof of approved permanent residence in B&H.
- Certificate that no criminal proceedings are pending against the applicant, and a certificate of no criminal record.
- Proof of a steady source of income and of settled tax and other financial obligations.
- Statement accepting the legal system and constitutional order of B&H.
- Guarantee of acquisition of B&H citizenship and proof that the previous citizenship has ceased (release or renunciation).
- For facilitated naturalisation: marriage certificate and proof that the marriage has lasted at least five years.
Re-acquisition under Article 14
- The decision by which B&H citizenship ceased by renunciation or release.
- Proof of approved temporary residence of at least one year, or of permanent residence.
- Evidence that the remaining requirements of Article 9 are met.
Costs and fees
The administrative fees themselves are low. In the decisions published below on this page, municipal and city administrative fees ranged from 10 to 15 KM, with an appeal fee of 5 to 15 KM, depending on the authority and on the rules of the entity or of Brcko District.
In practice, most of the cost falls on obtaining and legalising documents: extracts from foreign registers, the Apostille stamp, notarial certification of the power of attorney and certified translations. For naturalisation, the cost of obtaining a residence permit and the accompanying certificates should also be budgeted.
The attorney's fee is calculated under the Attorney Tariff or as a lump sum per case. We give a specific quotation once we have reviewed the documents and established the legal ground, because the workload differs substantially between a subsequent registration and a naturalisation.
Frequently asked questions about obtaining B&H citizenship
Which law applies to me, the old one or the current one?
The date of birth decides. For persons born before 1 January 1998, the Law on Citizenship of the Republic of Bosnia and Herzegovina applies (Official Gazette of the RB&H, No. 30/96, consolidated text). For persons born on or after that date, the current Law on Citizenship of B&H applies (Official Gazette of B&H, No. 22/16).
I am over 23. Can I still register citizenship by descent?
Yes, if your case falls under Article 4 of the old law: both parents citizens of B&H, or one parent a citizen of B&H and the other a citizen of the former SFRY, with birth abroad. In those cases you are a citizen from the moment of birth and there is no deadline. The 23-year deadline applies to the situation in Article 5, where the other parent was a foreign citizen who was not a citizen of the former SFRY, and to a child born abroad after 1 January 1998.
Do I have to give up my German, Austrian or Swiss citizenship?
If you acquire B&H citizenship by descent, renunciation is not required and you keep the foreign citizenship. Renunciation or release is required for naturalisation, facilitated naturalisation and re-acquisition under Article 14, because B&H has no bilateral dual citizenship treaty with those states.
How long must I have resided in B&H for naturalisation?
At least three years of approved permanent residence before filing the application. That period was reduced from eight years to three by the 2013 amendments to the law, although a number of sources still quote the old period.
Who issues the decision on acquisition of B&H citizenship?
In cases of descent, birth and adoption, citizenship is entered in the register of births without a separate decision, and the procedure is conducted by the registry office. In cases of naturalisation, facilitated naturalisation and re-acquisition, the decision is issued by the competent entity authority or Brcko District, with the consent of the Ministry of Civil Affairs of B&H. For persons of particular benefit to B&H, the decision is taken by the Council of Ministers of B&H.
How long does the procedure take?
It depends on the legal ground. Subsequent registration by descent usually takes from a few weeks to a few months. Naturalisation takes longer, and the decision of the entity authority enters into force two months after it is sent to the Ministry of Civil Affairs of B&H, unless the Ministry finds that the requirements are not met.
Which documents are needed for citizenship by descent?
An extract from the register of births from the country of birth, proof of identity and foreign citizenship, a certificate of citizenship of the parent who was a citizen of B&H, a certificate that you are not entered in the registers in B&H, proof of any change of surname, and a power of attorney certified by a notary, together with certified translations and an Apostille stamp where required.
How much are the fees in the procedure?
Administrative fees are low: in our cases they ranged from 10 to 15 KM, with an appeal fee of 5 to 15 KM. Most of the cost consists of obtaining documents, the Apostille stamp, notarial certification and certified translations. The attorney's fee is calculated under the Attorney Tariff or as a lump sum per case.
Can the procedure be conducted without me travelling to B&H?
It can. A power of attorney certified by a notary in the country where you live is sufficient, with an Apostille stamp and a certified translation where required. The office then obtains the documents and conducts the entire procedure before the authorities in B&H.
Can I recover B&H citizenship after renouncing it?
You can, under Article 14 of the Law on Citizenship of B&H. The conditions are that your citizenship ceased by renunciation or release, and that you have approved temporary residence in B&H of at least one year immediately before the application, or approved permanent residence, together with the remaining requirements of Article 9.
How is B&H citizenship proved?
By a certificate of citizenship of B&H and a certificate of entity citizenship, or by a valid B&H passport. The certificate is issued by the authority keeping the register of births, that is the register of citizens.
Will I have to serve in the military if I acquire B&H citizenship?
No. There is no compulsory military service in B&H, so acquiring citizenship carries no military obligation.
Cases from the practice of the law office
Below are abridged extracts from decisions issued in cases conducted by our office, on different legal grounds. Personal data have been anonymised and the text shortened for readability.
Case 1: re-acquisition of citizenship after renunciation
The client is a German national whose B&H citizenship ceased by renunciation in 2001, in proceedings in which we represented him in order to acquire German citizenship. Legal ground: Article 14 of the Law on Citizenship of B&H and Article 13 of the Law on Citizenship of the Federation of B&H. The procedure ran in two stages: first the guarantee, then the decision on admission.
Stage 1: the guarantee. The Federal Ministry of the Interior, on the basis of Article 33 point c) of the Law on Citizenship of the Federation of B&H (Official Gazette of the Federation of B&H, No. 34/16), the Rulebook on the issuance of a guarantee in the procedure of acquisition of B&H citizenship (Official Gazette of B&H, No. 7/14) and the Rulebook on the procedure, evidence and manner of entry of Federation citizenship (Official Gazette of the Federation of B&H, No. 85/16), upon the application of E. N., a national of Germany, filed through attorneys Alma Prnjavorac and Azur Prnjavorac, issues a guarantee of acquisition of the citizenship of B&H and of the Federation of B&H.
(1) E. N. is given a guarantee that he will acquire the citizenship of B&H and of the Federation of B&H if, within the validity of the guarantee, he submits evidence that his German citizenship has ceased.
(2) The guarantee is issued with a validity of two years, counted from the day the Ministry of Civil Affairs of B&H gives its consent, provided that the person meets the statutory requirements until the expiry of that period.
(3) The guarantee enters into force on the day the Ministry of Civil Affairs of B&H gives its consent, and if the person fails to submit evidence of cessation of the previous citizenship within the validity period, the procedure is discontinued.Stage 2: the decision on admission. The Federal Ministry of the Interior, on the basis of Articles 31 and 32 of the Law on Citizenship of B&H (Official Gazette of B&H, No. 22/16, official consolidated text) and Article 33 point c) of the Law on Citizenship of the Federation of B&H (Official Gazette of the Federation of B&H, No. 34/16), issues a decision on admission to citizenship.
E. N., born in 1969, a national of Germany, is admitted to the citizenship of B&H and of the Federation of B&H under Article 13 of the Law on Citizenship of the Federation of B&H, as a person whose citizenship of B&H and of the Federation of B&H ceased by renunciation. Entry of the fact of citizenship in the register of citizens is approved. In the proceedings it was established that he meets the requirements of Article 14 of the Law on Citizenship of B&H, on the basis of the guarantee of the Federal Ministry of the Interior, the consent of the Ministry of Civil Affairs of B&H and the certificate of release from German citizenship.
What this case shows: re-acquisition runs in two stages. The guarantee comes first and is valid for two years; only once the release from the foreign citizenship is proved is the decision on admission issued. Renouncing German citizenship was unavoidable, because B&H and Germany have no dual citizenship treaty.
Case 2: descent, one parent a citizen of B&H, the other a citizen of the former SFRY
The client is a German national, born in 1987 in Germany, to a father who was a citizen of B&H and a mother who was a citizen of Croatia. The Law on Citizenship of the Republic of Bosnia and Herzegovina (Official Gazette of the RB&H, No. 30/96, consolidated text) was applied, Article 4 point 4.
The Department of Social Affairs and General Administration of the Municipality of Tomislavgrad, on the basis of Article 42 paragraph 1 of the Law on Civil Registers (Official Gazette of the Federation of B&H, No. 37/12 and 80/14), Article 30 point 5 of the Law on Citizenship of the Federation of B&H (Official Gazette of the Federation of B&H, No. 34/16) and Article 4 of the Instruction on subsequent registration of the fact of birth and the fact of citizenship for persons who acquired B&H citizenship under the regulations of the Republic of B&H (Official Gazette of B&H, No. 30/16), upon the application of K. C. from Germany, represented by attorneys Alma Prnjavorac and Azur Prnjavorac of Tuzla, issues the following decision:
Subsequent registration of the fact of birth with a finding of citizenship of B&H and of the Federation of B&H in the register of births is approved for a person born in 1987 in Germany. Citizenship: Germany and Bosnia and Herzegovina and the Federation of B&H.
From the reasoning: it was established in the proceedings that the named person acquired citizenship by descent, because one of his parents was a citizen of B&H at the time of his birth and the other parent was a citizen of the former SFRY, in accordance with Article 4 point 4 of the Law on Citizenship of B&H (Official Gazette of the RB&H, No. 30/96). The Instruction provides that, where the applicant has had no residence or stay in B&H, the application for entry is filed with the authority competent for the last place of residence of the applicant's parent.
What this case shows: the classic diaspora situation. A father who is a citizen of B&H, a mother who is a citizen of Croatia, a child born in Germany. There is no 23-year deadline, and the foreign citizenship is kept: the decision itself records both citizenships.
Case 3: descent, both parents citizens of B&H, procedure in Brcko District
The client is a national of Germany and Croatia, born in 1963 in Croatia, to parents who were citizens of B&H. Legal ground: Article 4 paragraph 1 point 1 of the Law on Citizenship of the RB&H.
The Department for the Public Register of Brcko District of B&H, on the basis of Article 4 paragraph (1) point 1) of the Law on Citizenship of the RB&H (Official Gazette of the RB&H, No. 30/96), Article 4 of the Instruction on subsequent registration of the fact of birth and the fact of citizenship for persons who acquired B&H citizenship under the regulations of the Republic of B&H (Official Gazette of B&H, No. 30/16) and Article 187 of the Law on Administrative Procedure of Brcko District of B&H, deciding upon the application of attorney Azur Prnjavorac of Tuzla, as the representative of A. I., issues the following decision:
Subsequent registration in the register of births with a finding of the fact of citizenship of B&H is approved for A. I., born in 1963 in the Republic of Croatia. The named person is deemed a citizen of Bosnia and Herzegovina from the moment of birth.
From the reasoning: it was established that both parents were citizens of B&H at the time of his birth, which satisfies the requirements of Article 4 paragraph (1) point 1) of the Law on Citizenship of the RB&H.
What this case shows: there is no age limit. At the time of the application the client was over 55, and the authority found citizenship from the moment of birth. In Brcko District the procedure is conducted by the Department for the Public Register.
Case 4: descent, procedure before an authority in Republika Srpska
The client is a Croatian national, born in 1975 in Zagreb, to parents who were citizens of B&H. The procedure was conducted before a city administration in Republika Srpska.
The City Administration of the City of Prijedor, Department of General Administration, on the basis of Article 6 paragraph (1) point a) of the Law on Citizenship of B&H (Official Gazette of B&H, No. 22/16, official consolidated text), Article 6 of the Instruction (Official Gazette of B&H, No. 30/16) and Article 190 paragraph (1) of the Law on General Administrative Procedure (Official Gazette of Republika Srpska, No. 13/02, 87/07, 50/10 and 66/18), upon the application of T. D., represented by attorneys from Tuzla, issues the following decision:
Subsequent registration in the register of births kept for the registry area of Ljubija is approved, with a finding of the fact of citizenship of B&H and of Republika Srpska.
From the reasoning: an examination of the submitted evidence established that the parents hold citizenship of B&H and held it at the time of her birth, and that the applicant is not entered in the register of births and the register of citizens at the place of the parents' birth. An appeal against the decision lies to the Ministry of Administration and Local Self-Government within 15 days.
What this case shows: alongside B&H citizenship, entity citizenship is also recorded, here that of Republika Srpska, according to the place of entry. The evidence the authority requires is always the same: an extract from the register of births, certificates of the parents' citizenship, and a certificate that the person is not already entered.
Case 5: descent, procedure before a municipal department in the Federation of B&H
The client is a Croatian national, born in 1978 in Zagreb, to parents who were citizens of B&H. The procedure was conducted before a municipal department of general administration.
The Department of General Administration of the Municipality of Busovaca, on the basis of Article 5 paragraph 1 point 1 of the Law on Citizenship of the Federation of B&H (Official Gazette of the Federation of B&H, No. 34/16), Article 4 of the Law on Citizenship of B&H (Official Gazette of the RB&H, No. 30/96), Article 54 of the Law on Civil Registers (Official Gazette of the Federation of B&H, No. 37/12 and 80/14) and the Rulebook on the procedure, evidence and manner of entry of Federation citizenship (Official Gazette of the Federation of B&H, No. 85/16), upon the application of F. N. from the Republic of Croatia, represented by attorneys Alma Prnjavorac and Azur Prnjavorac of Tuzla, issues the following decision:
Subsequent registration of the fact of birth with a finding of citizenship of B&H in the register of births of the Registry Office of Busovaca is approved for a person born in 1978 in the Republic of Croatia. Citizenship: B&H and the Federation of B&H.
From the reasoning: it was established that the applicant's parents are citizens of B&H and of the Federation of B&H, that the applicant is not entered in the register of citizens and the register of births in the competent municipalities, and that she has no recorded residence in B&H. Assessing each piece of evidence individually and in its mutual connection, it was established that the conditions for subsequent registration on the basis of descent are met. An appeal against the decision lies to the Federal Ministry of the Interior within 15 days.
What this case shows: in the Federation of B&H the procedure is conducted by the municipal department of general administration, and the second-instance authority is the Federal Ministry of the Interior. The absence of residence in B&H is no obstacle: jurisdiction is determined by the place of the parents' entry.
Case 6: naturalisation of a person of particular benefit to B&H (decision of the Council of Ministers)
The client, a national of Turkey, acquired B&H citizenship as a person of particular benefit to the state. In the decision itself the legal ground is cited as Article 13 of the law, under the numbering that preceded the consolidated text; in the 2016 consolidated text this is Article 15.
On the basis of Article 13 and Article 30 paragraph 3 of the Law on Citizenship of B&H (Official Gazette of B&H, Nos. 4/97, 13/99, 41/02, 6/03, 14/03, 82/05, 43/09, 76/09 and 87/13) and Article 17 of the Law on the Council of Ministers of B&H, the Council of Ministers of B&H, at its session held in 2018, adopted the Decision on acquisition of citizenship of Bosnia and Herzegovina:
Article 1 (Subject of the Decision)
S. R., a national of Turkey, represented by attorneys Alma Prnjavorac and Azur Prnjavorac of Tuzla, acquires the citizenship of B&H in accordance with Article 13 of the Law on Citizenship of B&H.Article 2 (Entry in the registers)
On the basis of this Decision, the competent registry office shall carry out the entry in the register of births, that is the register of citizens of B&H.Article 3 (Implementation)
The Ministry of Civil Affairs of B&H is charged with the implementation of this Decision.Article 4 (Entry into force)
The Decision enters into force on the day of its adoption and shall be published in the Official Gazette of B&H.
What this case shows: for a person of particular benefit to B&H, neither the age requirement, nor the three years of permanent residence, nor renunciation of the previous citizenship is required. The client kept his Turkish citizenship. The decision is taken by consensus by the Council of Ministers of B&H, and the application is filed through the Ministry of Civil Affairs of B&H.
Legal framework governing citizenship in B&H
- Constitution of Bosnia and Herzegovina, Article I/7 (citizenship of B&H and citizenship of the entities)
- Law on Citizenship of Bosnia and Herzegovina (Official Gazette of B&H, No. 22/16, official consolidated text)
- Law on Citizenship of the Republic of Bosnia and Herzegovina (Official Gazette of the RB&H, No. 30/96, consolidated text), which still applies to persons born before 1 January 1998
- Law on Citizenship of the Federation of B&H (Official Gazette of the Federation of B&H, No. 34/16), Law on Citizenship of Republika Srpska and the regulations of Brcko District of B&H
- Law on Civil Registers and the Instruction on subsequent registration of the fact of birth and the fact of citizenship (Official Gazette of B&H, No. 30/16)
- Rulebook on the issuance of a guarantee in the procedure of acquisition of B&H citizenship (Official Gazette of B&H, No. 7/14)
- European Convention on Nationality of 1997 and bilateral agreements on dual citizenship
- Decision of the Constitutional Court of B&H No. U-19/22 on the constitutionality of Article 14 of the Law on Citizenship of B&H
- Our complete database of the legislation of Bosnia and Herzegovina
- Official guidance of the competent authority: Ministry of Civil Affairs of B&H, frequently asked questions on citizenship
We represent clients in citizenship proceedings across the whole territory of B&H (the Federation of B&H, Republika Srpska and Brcko District), without the client needing to be present in the country.
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