Kuwait issues sweeping amendments to citizenship law in new decree
. . . tightens nationality regulations, redefines citizenship rules, rights and revocation powers
Kuwait has published a new decree-law in its Official Gazette introducing wide-ranging amendments to the country’s citizenship legislation, originally issued under Amiri Decree No. (15) of 1959.
The updated law revises multiple provisions governing citizenship eligibility, naturalization, revocation, and related legal procedures, in what is seen as a comprehensive restructuring of nationality regulations.
Key Changes to Citizenship Definition
The amended law, according to the Kuwait News Agency, redefines Kuwaiti citizenship by origin, confirming that it applies to individuals whose ancestors resided in Kuwait before 1920 and remained until December 1959.
It also affirms that anyone born to a Kuwaiti father is considered Kuwaiti by birth, regardless of place of birth.
Naturalization and Family Provisions
Under the revised rules, a foreign spouse does not automatically acquire Kuwaiti nationality upon marriage. Minor children of a naturalized citizen are considered Kuwaiti by naturalization and are granted the right to choose their nationality within one year of reaching adulthood.
Children born after a parent’s naturalization are also classified as naturalized citizens, rather than citizens by origin.
The law grants the authorities discretionary powers to treat children of Kuwaiti mothers as citizens until adulthood in specific cases, such as when the foreign father is deceased, imprisoned, divorced, or unknown.
Women’s Citizenship Rights
A Kuwaiti woman retains her nationality when marrying a foreigner unless she acquires her husband’s citizenship. However, a woman who gains Kuwaiti citizenship through marriage may lose it if the marriage ends and she has no children. Those with children retain citizenship unless they remarry a non-Kuwaiti or acquire another nationality.
Loss and Restoration of Citizenship
The amendments stipulate that Kuwaiti nationality is revoked if a citizen voluntarily acquires another nationality. This may also extend to spouses and minor children under certain conditions, although they are given limited timeframes to request retention of Kuwaiti citizenship.
The law also introduces provisions allowing individuals who lost their nationality to apply for reinstatement, subject to residency requirements and renunciation of any foreign nationality.
Additionally, newly naturalized citizens must renounce any other nationality within three months or risk having their Kuwaiti citizenship annulled.
Revocation and Withdrawal Measures
The decree expands the government’s authority to withdraw or revoke citizenship in cases including fraud, false information, or national interest considerations.
Citizenship may also be withdrawn from individuals who obtained it through dependency on another person whose citizenship is later invalidated.
Individuals who lose or are stripped of citizenship will also lose any associated benefits.
Legal and Enforcement Measures
The amendments introduce stricter penalties for providing false information in citizenship applications, including prison sentences and fines.
They also allow the use of scientific methods such as DNA testing and biometric identification to verify nationality claims.
In a significant legal provision, decisions related to citizenship are classified as acts of sovereignty and are not subject to judicial appeal.
The Public Prosecution has been granted exclusive authority to investigate and prosecute all nationality-related offenses.
Administrative Changes and Implementation
The decree replaces certain administrative titles within the law and confirms that individuals who obtained citizenship through dependency before the new law will now be classified as naturalized citizens.
It also repeals several previous legal provisions and conflicting laws, consolidating the updated framework under a single decree.
The new law will come into effect immediately upon its publication, with the Prime Minister and relevant ministers tasked with overseeing its implementation.
