Bhutanese Citizenship Act 1985

The Bhutanese Citizenship Act of 1985 was introduced by the Druk Gyalpo King King Wangchuck, on June 10, 1985, modifying the definition of a Bhutanese citizen. The Act was implemented as part of a new national policy of Driglam Namzha, national customs and etiquette. Because of its emphasis on Bhutanese culture, the Act is also referred to as the "One Nation, One People Act." The 1985 Act was amended by the Immigration Act of 2007 and then superseded in 2008 by the Constitution of Bhutan insofar as previous laws are inconsistent; where not inconsistent, the provisions of the 2007 Act, the 1985 Act, and previous Acts relating to immigration continue in effect.

The first article of the Act provides its name, its date of enactment, and that it supersedes any conflicting prior laws relating to citizenship. Namely, this Act superseded the Citizenship act of 1958 and Amendments of 1977.

The second article of the Act provides Bhutanese citizenship to those whose parents are both Bhutanese citizens. (Cf. the 1958 Act which required only that one's father be Bhutanese) This article is an example of a jus sanguinis, or blood-based, nationality law. The article guarantees citizenship to children of two Bhutanese nationals as a matter of right.

The third article of the Act provides for citizenship by registration. It provides Bhutanese citizenship for persons who show that they were "permanently domiciled" in Bhutan by December 31, 1958, and that their name was registered in the yearly Census Register. The article guarantees citizenship by registration as a matter of right to those who meet the permanent domicile and census registration requirements.

The fourth article of the Act provides a substantive and procedural framework for naturalization. It requires applicants to submit application forms (forms KA-1 and KA-2, requesting general biographic and biometric information) and sets forth the conditions of eligibility for naturalization. Applicants with one Bhutanese parent must be at least 15 years of age and must have resided in Bhutan at least 15 years as indicated in the census register. Non-Bhutanese applicants must be at least 21 years of age and must have resided in Bhutan for at least 20 years as indicated in the census register, except government employees who need show a 15-year residency. (Cf. the 1958 Act which required only 10-year residency for all naturalization) All applicants must demonstrate soundness of mind; the ability to speak, read, and write Dzongkha proficiently; good knowledge of the culture, customs, traditions, and history of Bhutan; good moral character without any record of imprisonment for criminal offenses in Bhutan or elsewhere; no record of having spoken or acted against the King, country or people of Bhutan in any manner whatsoever; and preparedness to take a solemn oath of allegiance to the King, country and people of Bhutan. (Cf. the 1958 Act which made no official cultural requirements)

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