Federal Law No.17 of 1972 | |
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Parliament of the United Arab Emirates | |
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Enacted by | Government of the United Arab Emirates |
Status: Current legislation |
Emirati nationality law governs citizenship eligibility in the United Arab Emirates (UAE). [1] [2] [3] The law is primarily jus sanguinis . Foreigners who meet certain criteria may be naturalized and granted citizenship. [4] Gulf Cooperation Council citizens are allowed to live in the UAE without restriction and have the right of freedom of movement. [5]
The Emirati nationality law is derived from the Federal Law No.17 of 1972 on Nationality and Passports, and is administered by the General Directorate of Residency and Foreigners Affairs (GDRFA) in each emirate. [6]
In general, birth in the United Arab Emirates does not, in itself, confer Emirati citizenship as its law utilizes the jus sanguinis principle of nationality law. Exceptions are made for foundlings and adopted children.
In 2022, a new federal law was enacted to allow unmarried mothers to be issued birth certificates for their children born in the UAE. [7]
The following persons are automatically Emirati citizens by descent: [8]
Children born to an Emirati father or an unknown or stateless father and an Emirati mother are Emirati citizens by descent, irrespective of the place of birth. Until 2017, children born to an Emirati mother and a foreign father could apply and receive Emirati citizenship once they reached age 18. [9] [10] Since October 2017 an Emirati mother can now confer Emirati nationality to her children once they reach six years of age. [11]
A foreign woman married to an Emirati national may acquire citizenship provided that the marriage lasts for at least seven years with the condition of having at least one child, or ten years in the absence of children. The wife of a naturalized male citizen may also acquire Emirati citizenship. [8] [12]
Naturalization is limited due to fears of loss of Emirati national identity and conservative culture, which are both considered under threat due to foreigners outnumbering native Emirati people eleven-to-one. [13]
Nationality is granted to a foreigner if they fulfill the following conditions and is: [8]
The residency requirements for Emirati citizenship may be waived: [8]
Any person who wishes to apply for naturalization has to be proficient in the Arabic language, has a legal source of income and has been in a continuous residence in the UAE, has an academic qualification, does not have a bad reputation, and has not been convicted of any crime. A person convicted for misdemeanor or dishonesty may apply on the condition of fulfilling recuperation or rehabilitation. A wife of an Emirati national does not need to have an academic qualification to be eligible for naturalization. [8]
Nationality is granted after: [8]
The right to vote or the right to a nomination for parliament or governmental authority is limited to Emirati citizens by descent. Nationality is only granted once. [8]
As per Human Rights Watch, many Emirati mothers have complained that the application process can be confusing and could take years for the authorities to respond. The amendments announced to UAE’s citizenship law in January 2021 are aimed to attract only the elite foreigners. [14]
Dual citizenship, which was earlier banned in the Emirates is permitted since 2021. [15] [16] The UAE approved amendments in the Emirati Nationality Law to allow investors, professionals, special talents and their families to acquire the Emirati nationality and passport under certain conditions. [17] [18]
The UAE's Prime Minister and ruler Sheikh Mohammed bin Rashid Al Maktoum stated that this amendment to the law was made to attract and retain individuals with specialised skills including scientists, doctors, engineers, creative talent like artists and authors along with their families. Apart from a few common requirements, most requirements are field specific.
Doctors must specialise in unique disciplines or in disciplines which are highly sought after in the UAE. The applicant also need to have contributed to research of scientific value, have a practical experience of 10 years or more, and have obtained a membership to a notable organisation in their field of specialisation. [15]
A citizen by descent may lose Emirati citizenship if: [8]
A citizen by naturalization may additionally lose Emirati citizenship if: [8]
Citizens are allowed to voluntarily give up Emirati citizenship.
Renouncing citizenship is viewed as a shame within the Emirati community, as citizenship is usually attributed to the Emirati community sense of national identity, it is particularly hard to attain, and it entitles the holder various benefits. [19]
Subject to additional criteria, investors and professionals in healthcare, engineering, science and art are eligible for permanent residency. The permanent residency scheme will be overseen by the Federal Authority for Identity and Citizenship (ICA) [20] and is expected to generate foreign investment, encourage entrepreneurship, and attract engineers, scientists and exceptional students. [21] [22]
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.
Demographic features of the United Arab Emirates (UAE) include population density, vital statistics, immigration and emigration data, ethnicity, education levels, religions practiced, and languages spoken within the UAE.
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of the International Organization for Migration of the United Nations does not include automatic acquisition that is not initiated by the individual concerned or his or her legal agent or acquisition of nationality by declaration. It usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, and international agreements. Citizenship is a right, not a privilege. While domestic documents often use citizenship and nationality interchangeably, nationality refers to the legal means in which a person obtains a national identity and formal membership in a nation and citizenship refers to the relationship held by nationals who are also citizens.
In law, an alien is any person who is not a citizen or a national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, the term "alien" is perceived as synonymous with foreign national.
According to human rights organisations, the government of the UAE violates a number of fundamental human rights. The UAE does not have democratically elected institutions and citizens do not have the right to change their government or to form political parties. Activists and academics who criticize the regime are detained and imprisoned, and their families are often harassed by the state security apparatus. There are reports of forced disappearances in the UAE; many foreign nationals and Emirati citizens have been abducted by the UAE government and illegally detained and tortured in undisclosed locations. In numerous instances, the UAE government has tortured people in custody, and has denied their citizens the right to a speedy trial and access to counsel during official investigations.
Brazilian nationality law details the conditions by which a person is a national of Brazil. The primary law governing nationality requirements is the 1988 Constitution of Brazil, which came into force on 5 October 1988.
Human rights in Dubai are based on the Constitution and enacted law, which supposedly promise equitable treatment of all people, regardless of race, nationality or social status, per Article 25 of the Constitution of the United Arab Emirates. Despite this, Freedom House has stated: "Extreme forms of self-censorship are widely practiced, particularly regarding issues such as local politics, culture, religion, or any other subject the government deems politically or culturally sensitive. The Dubai Media Free Zone (DMFZ), an area in which foreign media outlets produce print and broadcast material intended for foreign audiences, is the only arena where the press operates with relative freedom."
Argentine nationality law regulates the manner in which one acquires, or is eligible to acquire, Argentine nationality. Nationality, as used in international law, describes the legal methods by which a person obtains a national identity and formal membership in a nation. Citizenship refers to the relationship between a nation and a national, after membership has been attained. Argentina recognizes a dual system accepting Jus soli and Jus sanguinis for the acquisition of nationality by birth and allows foreign persons to naturalize.
Emirati passports are passports given from the government of the United Arab Emirates (UAE) to Emirati citizens for the purpose of international travel.
Nationality in Mexico is defined by multiple laws, including the 30th article of the Constitution of Mexico and other laws. The Constitution's 32nd article specifies the rights granted by Mexican legislation to Mexicans who also possess dual nationality. This article was written to establish the norms in this subject in order to avoid conflicts which may arise in the case of dual nationality. This law was last modified in 2021.
Emirati Iranians or Emirati Persians are residents of the United Arab Emirates of Iranian national background. The community accounts for 5-8% of the country's population.
Expatriates in the United Arab Emirates represent about 90% of the population, while Emiratis constitute roughly 12% of the total population, making the UAE home to one of the world's highest percentage of expatriates.
Multiple citizenship is a person's legal status in which a person is at the one time recognized by more than one country under its nationality and citizenship law as a national or citizen of that country. There is no international convention which determines the nationality or citizenship status of a person, which is consequently determined exclusively under national laws, that often conflict with each other, thus allowing for multiple citizenship situations to arise.
The Kuwaiti nationality law is the legal pathway for non-nationals to become citizens of the State of Kuwait. The Kuwaiti nationality law is based on a wide range of decrees; first passed in 1920 and then in 1959. An Amiri decree was passed later in 1960. Since the 1960s, the implementation of the nationality law has been very arbitrary and lacks transparency. The lack of transparency prevents non-nationals from receiving a fair opportunity to obtain citizenship. A number of amendments were made in 1980, 1982, 1994, 1998, and 2000.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
The Emirati diaspora comprises Emirati citizens who have emigrated from the United Arab Emirates (UAE) to other countries, and people of Emirati descent born or residing in other countries.
Migrant workers in the United Arab Emirates describe the foreign workers who have moved to the United Arab Emirates (UAE) for work. As a result of the proximity of the UAE to South Asia and a better economy and job opportunities, most of the migrant foreign workers are from India, Nepal, Sri Lanka, Bangladesh, and Pakistan.
Jordanian nationality law details the conditions by which a person is a national of Jordan. The primary law governing nationality regulations is the Jordanian Nationality Law, which came into force on 16 February 1954.
Salvadoran nationality law is regulated by the Constitution; the Legislative Decree 2772, commonly known as the 1933 Law on Migration, and its revisions; and the 1986 Law on Foreigner Issues. These laws determine who is, or is eligible to be, a citizen of El Salvador. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Salvadoran nationality is typically obtained either on the principle of jus soli, i.e. by birth in El Salvador; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Salvadoran nationality. It can also be granted to a citizen of any Central American state, or a permanent resident who has lived in the country for a given period of time through naturalization.
The changes to the law on nationality and passports will allow expatriates to become dual citizens for the first time. Dual citizenship was earlier banned in the Emirates.
a plan to extend citizenship opportunities to highly-educated, skilled, or wealthy foreign nationals and their families
The Federal Authority for Identity and Citizenship (ICA) will oversee the scheme and announce more details shortly, the UAE Government Communication Office said.