Article

Saturday, September 28, 2024
search-icon

Kuwait Amends Nationality Law: Revocation and Restoration Procedures Clarified

publish time

27/09/2024

publish time

27/09/2024

Kuwait Amends Nationality Law: Revocation and Restoration Procedures Clarified

KUWAIT CITY, Sep 27: Any individual whose Kuwaiti nationality is revoked will either have their previous nationality restored or be referred to the "Central Agency for Illegal Residents."

Colonel Abdulrahman Al-Othman, Director of the Nationality Department at the Ministry of Interior, confirmed that the draft decree amends certain provisions of Amiri Decree No. (15) of 1959 regarding Kuwaiti nationality was introduced after careful legal review. The decree aims to strengthen the principle of national identity and uphold the state's public order.

Speaking to the Kuwait News Agency (KUNA) on Friday, Colonel Al-Othman explained that the draft decree, approved by the Cabinet in its meeting last Tuesday, reflects the commitment to preserving national identity. As a result, the first and second paragraphs of Article (7), as well as Articles (8) and (13) of Amiri Decree No. (15) of 1959, will be replaced with the following provisions:

-Article (7), First Paragraph: "The acquisition of Kuwaiti nationality by a foreigner does not automatically grant nationality to their spouse. However, their minor children will be considered Kuwaiti, though they may choose to retain their original nationality within one year after reaching the age of majority."

- Article (7), Second Paragraph: "If the children retain their Kuwaiti nationality, the provisions of the previous article will apply to them."

- Article (8): "A foreign woman who marries a Kuwaiti man does not automatically acquire Kuwaiti nationality."

Colonel Mohammed Al-Mazid, Director of the Technical Office at the Ministry of Interior, further stated that "any person who acquires Kuwaiti nationality must comply with the country's laws and respect national values, regardless of how long they have held the nationality."

Colonel Al-Mazid added that Kuwaiti nationality may be revoked by decree, upon the recommendation of the Minister of Interior, in the following circumstances:

1. If nationality was obtained through fraud, forgery, or false statements. In such cases, the nationality may also be revoked from those who acquired it as dependents.

2. If the individual is convicted, after acquiring Kuwaiti nationality, of a crime related to honor, integrity, internal or external state security, or an offense against religion, the Prophets, or the Emir.

3. If the individual is dismissed from a government position for disciplinary reasons related to honor or integrity within ten years of acquiring Kuwaiti nationality.

4. If the higher interests or external security of the state require it. In such cases, nationality may also be revoked from dependents.

5. If there is credible evidence that the individual is promoting principles that could undermine the country's economic or social system, or if they are found to be affiliated with a foreign political organization. Nationality may also be revoked from dependents in such cases.

Regarding Article (13), which permits the revocation of nationality by decree based on the Minister of Interior's recommendation, Colonel Al-Mazid clarified that this provision applies to naturalized citizens, not to those who obtained Kuwaiti nationality under Article 1.

He noted that, in the past, if a Kuwaiti woman married a non-Kuwaiti, her children could be naturalized. However, under the current law, this provision has been eliminated. The naturalization of children of Kuwaiti women (whether they are from the founding group or naturalized) has been abolished. Now, Article (7a) allows the Minister of Interior to treat the minor children of a Kuwaiti mother, residing in Kuwait, as Kuwaiti nationals if their foreign father was a prisoner of war, irrevocably divorced their mother, or is deceased. This treatment continues until the children reach adulthood.

Colonel Al-Mazid also mentioned that all nationality applications from individuals registered under the "1965 Census" have been completely canceled.

Finally, he clarified that "any person whose Kuwaiti nationality is revoked will be restored to their previous nationality." If their previous nationality is unknown, they will be referred to the Central Agency for Illegal Residents.