Syrian nationality law

Syrian Citizenship Act
Syrian Citizenship Act
Parliament of Syria
	Long title An Act relating to Syrian citizenship ;
Citation	Act No. 276/69
Territorial extent	Syria
Enacted by	People's Council of Syria
Enacted	24 November 1969
Signed by	President Nureddin al-Atassi
Commenced	24 November 1969
Administered by	Ministry of the Interior
Repeals
	Legislative Decree 67/1961
	Status: Current legislation

Last updated January 13, 2024

Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Syrian Arab Republic and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree No. 276/1969.^[1]

The Law

The law that regulates Syrian nationality is Legislative Decree No. 276 issued on November 24, 1969.

Acquisition of citizenship

Nationality at birth

The Syrian nationality is determined predominantly by paternity (father) (see Jus sanguinis).^[2] The place of birth is irrelevant, and being born in Syria does not grant an automatic right to Syrian nationality. That is, in most cases, individuals are deemed to be Syrian nationals regardless of whether they are born inside or outside Syria as long as their father holds Syrian nationality.^[3]^[4] Birth in Syria does not in itself confer Syrian citizenship. Therefore, Jus soli does not apply.^[3]

Birth to a Syrian mother does not automatically confer nationality.^[1] If a Syrian woman marries a foreign husband, their children will have the foreign husband's nationality and have no claim to Syrian nationality, even if they were born and raised in Syria.^[3] The legal ramifications are that these persons face a number of obstacles, one of which is their inability to work in the public sector. It is also harder and more restrictive for foreigners to own real estate in Syria.

Children born in Syria to fathers who are Palestinian nationals, even if they themselves were born in Syria, are considered Palestinian not Syrian nationals.^[5] Although the Syrian Palestinian enjoys most of the rights available to the Syrian citizen except the right to vote and run for office.^[5] "Only in very limited circumstances, such as the absence or statelessness of a father, could the mother grant her child Syrian citizenship."^[5]

Avoidance of statelessness

To avoid statelessness, under the legislative decree No. 2/2023, persons whose paternity is unknown or undeclared also acquire Syrian nationality if they are born in Syria in some circumstances.^[6]

For example, if born to a Syrian mother but are unable to determine who their father is, or a foundling born in Syria where both parents are unknown, or the parents have an unknown nationality or who do not in fact possess a nationality (ie., are stateless); when they are born in Syria and were not at the time of their birth entitled to acquire a foreign nationality from their parents; and when they have Syrian origins but have not acquired another nationality.^[6]

However, these safeguards against statelessness at birth are not systematically implemented. Moreover, this provision only applies to children born in Syria and so clearly does not apply to the children of refugees from Syria who are born in host countries.^[1]

Implications for displaced persons

Displaced persons or refugees from Syria, such as refugees of the Syrian Civil War, may have difficulty establishing their father's Syrian nationality. For example, a marriage may not have been registered, marriage documents may have been lost, or the father may be dead, lost or have moved on to third countries, or their whereabouts or identity may be unknown.

A combination of these factors can mean that there is no legal or physical proof that a child’s father is Syrian. In some neighbouring countries a child cannot be registered without legal proof of the father’s identity.^[1] Since January 2023, when a refugee mother cannot prove that the father of her child is Syrian, to avoid statelessness, the child is granted Syrian citizenship.^[6]

Naturalisation

The other way to acquire Syrian nationality is through naturalisation. The nationality law gives the Ministry of Interior the authority to regulate the naturalization of foreigners but also allows for special considerations.^[1]

Non-nationals who have resided in the country for over 5 years and fulfil a number of other requirements can apply for naturalisation. The requirements are eased for individuals from another Arab country, such as the requirement to be able to speak and read Arabic fluently.^[7]

A foreign woman who marries a Syrian man can naturalise on the basis of that marriage,^[1] but a foreign husband cannot acquire Syrian citizenship on the basis of marriage to a Syrian wife.

Loss of Syrian nationality

The nationality law does not give Syrians the right to unilaterally abandon their Syrian nationality. Syrians may not forfeit it if they acquire a foreign nationality, but only with the consent of the Syrian authorities. Furthermore, Syria reserves the right to revoke a person’s Syrian nationality under certain circumstances, such as those involving matters of national security.^[7]

Dual nationality

Dual nationality is recognized by Syria.^[7] Though Syrian law recognizes dual citizenship, it also states that a Syrian with dual citizenship is considered a Syrian citizen first.^[8]

Related Research Articles

Nationality is the status of belonging to a particular nation, defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.

Jus soli, meaning 'right of the soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country.

Jus sanguinis is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of their parents have nationality of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with jus soli, which is solely based on the place of birth.

In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 more than at the end of 2021.

Swiss citizenship is the status of being a citizen of Switzerland and it can be obtained by birth or naturalisation.

Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.

This article concerns the history of British nationality law.

Dutch nationality law details the conditions by which a person holds Dutch nationality. The primary law governing these requirements is the Dutch Nationality Act, which came into force on 1 January 1985. Regulations apply to the entire Kingdom of the Netherlands, which includes the country of the Netherlands itself, Aruba, Curaçao, and Sint Maarten.

Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.

The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.

Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.

Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother or a Turkish father are Turkish citizens from birth. The intention to renounce Turkish citizenship is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior (Turkey) for appropriate action.

Luxembourg nationality law is ruled by the Constitution of Luxembourg. The Grand Duchy of Luxembourg is a member state of the European Union and, therefore, its citizens are also EU citizens.

The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.

Lebanese nationality law governs the acquisition, transmission and loss of Lebanese citizenship. Lebanese citizenship is the status of being a citizen of Lebanon and it can be obtained by birth or naturalization. Lebanese nationality is transmitted paternally. Therefore, a Lebanese man who holds Lebanese citizenship can automatically confer citizenship to his children and foreign wife. Under the current law, descendants of Lebanese emigrants can only receive citizenship from their father and women cannot pass on citizenship to their children or foreign spouses.

Tanzanian nationality law is regulated by the Constitution of Tanzania, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history racist policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of jus soli, i.e. by birth in the territory, or jus sanguinis, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Thai nationality law includes principles of both jus sanguinis and jus soli. Thailand's first Nationality Act was passed in 1913. The most recent law dates to 2008.

Emirati nationality law governs citizenship eligibility in the United Arab Emirates (UAE). The law is primarily jus sanguinis. Foreigners who meet certain criteria may be naturalized and granted citizenship. Gulf Cooperation Council citizens are allowed to live in the UAE without restriction and have the right of freedom of movement.

The nationality law of Bosnia and Herzegovina governs the acquisition, transmission and loss of citizenship of Bosnia and Herzegovina. Regulated under the framework of the Law on Citizenship of Bosnia and Herzegovina, it is based primarily on the principle of jus sanguinis.

A stateless person is, according to article 1 of the New York Convention relating to the Status of Stateless Persons of 28 September 1954, "any person who is not considered as a national by any State under the operation of its law".

References

1 2 3 4 5 6 "Syrianationality | Syrian nationality law". www.syrianationality.org.
↑ "Syrian Law Journal".
1 2 3 "Syria Nationality Law". Syrian Law Journal. Retrieved 31 January 2023.
↑ "The Right to Syrian Nationality". Syrian Law Journal. Retrieved 31 January 2023.
1 2 3 Bolongaro, Kait (2016-03-23). "Palestinian Syrians: Twice refugees - Human Rights". Al Jazeera. Retrieved 2021-06-18.
1 2 3 "Legislative decree to regulate affairs of children of unknown parentage". Syrian Arab News Agency. 14 January 2023. Retrieved 31 January 2023.
1 2 3 "Syrian Citizen". multiplecitizenship.com. Retrieved 31 January 2023.
↑ "Archived copy" (PDF). Archived from the original (PDF) on 2019-03-05. Retrieved 2016-09-16.{{cite web}}: CS1 maint: archived copy as title (link)

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[SyrNat-1] 1 2 3 4 5 6 "Syrianationality | Syrian nationality law". www.syrianationality.org.

[2] "Syrian Law Journal".

[SyriaNt-3] 1 2 3 "Syria Nationality Law". Syrian Law Journal. Retrieved 31 January 2023.

[4] "The Right to Syrian Nationality". Syrian Law Journal. Retrieved 31 January 2023.

[Bolongaro_2016-5] 1 2 3 Bolongaro, Kait (2016-03-23). "Palestinian Syrians: Twice refugees - Human Rights". Al Jazeera. Retrieved 2021-06-18.

[SyrNatl-6] 1 2 3 "Legislative decree to regulate affairs of children of unknown parentage". Syrian Arab News Agency. 14 January 2023. Retrieved 31 January 2023.

[Syrntl-7] 1 2 3 "Syrian Citizen". multiplecitizenship.com. Retrieved 31 January 2023.

[8] "Archived copy" (PDF). Archived from the original (PDF) on 2019-03-05. Retrieved 2016-09-16.{{cite web}}: CS1 maint: archived copy as title (link)

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