Draft bill 37.

Summary.

The draft bill adds a special immigration regularization procedure to Decree Law 3 of 2008. The National Migration Service (Servicio Nacional de Migración) would introduce exceptional, simplified, expedited and low cost procedures for foreign nationals who establish more than five years of continuous residence in Panama when the law is promulgated. For people facing economic or social vulnerability, the procedure would reduce costs and remove requirements as provided by regulations. Applicants could establish residence through a sworn statement and documentary or witness evidence, provided their monthly income is equal to or below one minimum wage. A sworn income statement and an endorsement from legally recognized humanitarian or religious organizations would replace a formal employment letter and proof of substantial financial means. Processing costs would be capped at 10% of the current standard fee, and fines accrued by promulgation would be waived for applicants who establish economic vulnerability.

The amendment to Article 120 governs naturalization applications submitted to the National Migration Service, under the Ministry of Security (Ministerio de Seguridad) pursuant to Law 15 of 2010. It requires a power of attorney and petition addressed to the President of the Republic, containing personal details, the grounds for the request and, where applicable, renunciation of a former nationality. It also lists criminal record certificates, permanent resident identification, family records for applications based on Article 10 of the Political Constitution of the Republic (Constitución Política de la República), an interview, an authenticated passport, a medical certificate, proof of reciprocal legislation where applicable, and photographs. If the applicant’s country has no representation in Panama, a representative of a friendly nation would authenticate the passport. The competent authority would respond within 60 business days, allow further evidence, and formally state its reasons and available remedies if it denies the application.

The proposed Article 122 gives migrants with irregular status six months from the law’s entry into force to regularize their status through a procedure that provides information and legal assistance. If they do not do so within that period, the migration authority would formally explain the reasons and offer alternatives. The provision also lists information about entries and exits, registration in the Foreign Nationals Registry, any existing residence decision and migration history. The Ministry of Government and Justice (Ministerio de Gobierno y Justicia) would then review the naturalization file. If requirements are unmet, it would notify counsel of the denial within fifteen business days; otherwise, it would ask the Electoral Tribunal (Tribunal Electoral) to administer examinations in Spanish and the history, geography, and political and administrative organization of the Republic of Panama. Failure to attend would result in rejection. The Electoral Tribunal would send the result within thirty business days.

Once the requirements are met, the President of the Republic could issue the naturalization certificate within ninety business days. Before receiving it, the applicant would provide a certified or cashier’s check for six hundred balboas payable to the National Treasury (Tesoro Nacional). The certificate would be sent to the provincial governor within fifteen business days for the oath, which includes commitments concerning the Political Constitution of the Republic and renunciation of ties, rights and privileges attached to another citizenship. The governor would deliver the certificate within 15 business days. It would have legal effect only after registration with the National Civil Registry Directorate (Dirección Nacional del Registro Civil), as provided in the consolidated text of Law 31 of July 25, 2006.

The text adds posthumous naturalization for foreign nationals associated with the country’s social, cultural, sporting, economic and political development, and a further provision recognizing naturalization for such contributions. It also provides free Panamanian nationality for foreign nationals whose monthly income does not exceed 1,000 balboas, who have resided continuously in the Republic of Panama for at least 10 years, and who have established a family in Panamanian territory. The Executive Branch (Órgano Ejecutivo), through the security ministry named in the text, would issue regulations within 90 calendar days after promulgation; the draft bill provides for entry into force upon promulgation. The provisions concern the National Migration Service, the Ministry of Security, the Ministry of Government and Justice, the Electoral Tribunal, the National Civil Registry Directorate and the National Treasury, as well as migrants, naturalization applicants, their families, and humanitarian and religious organizations.