Introduction

The Cyprus Government has recently announced a new round of revocation of citizenships granted to foreign investors who have become naturalised Cypriot citizens through the Cyprus Investment Programme.

On 22nd May 2024, the Council of Ministers decided to initiate a procedure for revoking the citizenship of six (6) investors and their eighteen (18) dependents. This decision followed an investigation by the Ministry of Interior, focusing on individuals who had been naturalised through the Cyprus Investment Programme.

New Legislative Developments

In a significant recent legislative development, the Law on the Establishment of the Deputy Ministry of Immigration and International Protection and Related Matters of 2024 came into force on 17th June 2024. This new law transferred matters related to immigration and asylum to the newly established Deputy Ministry of Immigration and International Protection.

Legal Framework Governing Revocations

The revocation of citizenship is governed by the Civil Registry Law of 2002 (Law 141(I)/2002), as amended (the “Civil Registry Law”). This follows concerns raised by the European Commission in 2019 regarding investor schemes related to security, money laundering, tax evasion, and corruption. In 2020, the Commission initiated treaty infringement procedures against Cyprus, aiming to abolish citizenship-by-investment schemes.

Role of the Independent Deprivation of Citizenship Review Committee

According to section 113(5) of the Civil Registry Law, before the Council of Ministers issues a decree revoking citizenship, it must inform the affected person in writing, citing the grounds for revocation and their right to object to the Independent Deprivation of Citizenship Review Committee.

The Independent Deprivation of Citizenship Review Committee, established by Law 113(I)/2020, has discretionary power to summon the affected individual to present their case or to examine the evidence.

The Committee then reviews each case and submits its findings to the Council of Ministers. The Council of Ministers then considers the opinion of the Independent Commission in order to satisfy itself that, on the basis of the information before it, it is appropriate to proceed with an act of depriving a person or a member of his or her family of his or her citizenship.

Grounds for Revocation

Under Section 113(2) of the Civil Registry Law, citizenship may be revoked if it was obtained by fraud, false representations, or concealment of material facts.

Section 113(3) outlines additional grounds for revocation, such as that the individual:

(a) has expressed himself or acted in a way lacking legitimacy or with malice towards the Republic;

(b) behaves in a manner that constitutes acceptance of unlawful administration in areas not controlled by the Republic, holds any office related thereto, or has illegally entered, damaged or interfered with immovable property located in such areas which belongs to another lawful owner;

(c) has participated in any war conducted by the Republic and illegally traded or contacted the enemy or made any actions assisting the enemy in such a war;

(d) was within ten (10) years from his naturalisation, convicted in any country and imprisoned for a serious offense which carries a prison sentence exceeding 5 years, provided that the conviction in question relates to an offense which is also an offense in the Republic and carries a prison sentence;

(e) is within ten (10) years from his naturalisation, wanted at pan-European level by EUROPOL or at international level by INTERPOL for a serious criminal offence which carries a prison sentence of five (5) years or more or for another serious offence or for an offence of a dishonourable or morally obscene nature, provided that, the offence for the commission of which such person is wanted shall also constitute an offence in the Republic which, as aforesaid, shall carry a sentence of imprisonment;

(f) within ten (10) years from the date of his naturalization, has been subjected to a sanctions regime or included in a sanctions list, as more particularly specified in the Regulations issued under Sections 111A and 117; or

(g) within ten (10) years from his/her registration or naturalisation, he/she is found to have persistently failed to comply with the criteria and/or additional conditions set out in Regulations issued pursuant to the provisions of Sections 111A and 117.

Section 113(4) also allows for revocation if the individual has been habitually residing abroad for a continuous period of seven years.

Notably, the European Court of Justice in its decision in Case C-135/08, confirmed that EU law does not oppose a Member State's decision to withdraw nationality granted by naturalisation if it was obtained by fraud, provided the decision respects the proportionality test concerning its consequences under EU law.

Right to be Heard

Before issuing a decree under the Civil Registry Law, the Council of Ministers must notify the affected person in writing, informing them of the reasons for the proposed revocation and their right to request an investigation. If an investigation is requested, the matter may be referred to an Inquiry Committee designated by the Council of Ministers.

Conclusion

Individuals who have obtained Cyprus citizenship through naturalisation may have their citizenship revoked under the provisions of the Civil Registry Law. Decisions by the Council of Ministers are subject to appeal before the Administrative Court within the timeframes prescribed by Article 146(3) of the Constitution.

Navigating the complexities of citizenship can be challenging, especially in light of recent legislative changes and government actions. It is crucial for affected individuals to seek prompt and professional legal advice to safeguard their rights and interests. Our team is dedicated to providing comprehensive legal support to ensure the best possible outcomes for our clients and is well-equipped to handle any issues arising from these matters, with an extensive and successful track record in dispute resolution. If you require legal assistance regarding citizenship revocation, please do not hesitate to contact us.