Kuwait officially cancels the citizenship of a citizen’s wife

The Official Gazette, “Kuwait Today,” published in the supplement to its issue No. 1718 issued today, Monday, Decree Law No. “116” of 2024 amending some provisions of Emiri Decree No. “15” of 1959 regarding the Kuwaiti Nationality Law.

The amendments stipulated that “the acquisition of Kuwaiti nationality by a foreigner does not result in his wife becoming Kuwaiti, and his minor children are considered Kuwaiti, and they may decide to choose their original nationality during the year following their reaching the age of majority.”

The amendments stated that (it is permissible, by decree based on the proposal of the Minister of the Interior, to withdraw Kuwaiti citizenship from the Kuwaiti who acquired Kuwaiti citizenship, in five cases, including: If he was granted Kuwaiti citizenship by fraud or forgery, or based on false statements, and Kuwaiti citizenship is withdrawn from whoever has earned it with him. By way of dependency.

Citizenship will also be withdrawn if he is convicted by a final ruling after being granted Kuwaiti citizenship for a crime against honor or trust, or for a crime against internal or external state security, or for the crime of insulting the divine entity, the prophets, or the princely entity.

The Kuwaiti Constitution permitted the granting of Kuwaiti citizenship to the wife of a citizen with whom he had children, in accordance with Article Eight of the Constitution.

Below is the text of the decree:

First article

The text of the first and second paragraphs of Article (7) and the text of Articles (8) and (13) of the aforementioned Emiri Decree No. (15) of 1959 shall be replaced with the following texts:

Article (7), first and second paragraphs:

(The acquisition of Kuwaiti citizenship by a foreigner does not result in his wife becoming Kuwaiti, and his minor children are considered Kuwaitis and they may decide to choose their original nationality during the year following their reaching the age of majority.

The provisions of the previous article apply to the children if they remain Kuwaiti nationalities.

Article (8):

(The marriage of a foreign woman to a Kuwaiti does not result in her becoming a Kuwaiti.)

Article (13):

It is permissible by decree based on the proposal of the Minister of Interior to withdraw Kuwaiti citizenship from a Kuwaiti who has acquired Kuwaiti citizenship in the following cases:

1 – If he was granted Kuwaiti nationality by fraud, forgery, or based on false statements, Kuwaiti nationality shall be withdrawn from those who acquired it through dependency.

2 – If he was sentenced to a final ruling after granting him Kuwaiti citizenship for a crime against honor or trust, or for a crime against the internal or external security of the state, or for the crime of insulting the divine entity, the prophets, or the princely entity.

3 – If he is disciplinaryly dismissed from his government job for reasons related to honor or honesty within ten years of being granted Kuwaiti citizenship.

4 – If the supreme interest of the state or its external security so requires, and in this case it is permissible to withdraw Kuwaiti citizenship from those who have acquired it through dependency.

5 – If there is evidence from the competent authorities that he is promoting principles that would undermine the economic or social system in the country or that he belongs to a foreign political body, and in this case it is permissible to withdraw Kuwaiti citizenship from someone who acquired it through dependency.

Second article

A new article No. (7 bis A) will be added to the aforementioned Emiri Decree No. (15) of 1959, the text of which reads as follows:

(It is permissible, by decision of the Minister of the Interior, to treat a minor born to a Kuwaiti mother with an original status who maintains residency there if his foreign father is a prisoner or has irrevocably divorced his mother or died from her as a Kuwaiti until he reaches the age of majority.)

A new paragraph is also added to Article (20) of the aforementioned Emiri Decree No. (15) of 1959, which reads as follows:
(It is permissible to use modern scientific methods to grant, withdraw, or lose citizenship in accordance with the principles and controls issued by a decision of the Minister of Interior).

Article Three

Clauses (Second) and (Third) of Article (5) and Article (9) of the aforementioned Emiri Decree No. (15) of 1959 are hereby repealed, as is every provision that contravenes the provisions of this law.

Article Four

Ministers – each within his jurisdiction – must implement this decree law and it shall come into effect from the date of its publication in the Official Gazette.

Explanatory note

According to the explanatory memorandum, the Nationality Law is considered one of the most important laws in force in the State of Kuwait, which is one of the first countries in regulating nationality issues, as Law No. (2) of 1948 was previously issued regulating Kuwaiti nationality, following the issuance of Emiri Decree No. (15) of 1959 regarding the Nationality Law. To keep pace with societal development and confront any type of manipulation or tampering with national identity because of its direct impact on compromising the security and stability of society and the homogeneity of its demographic composition. In view of the practical application of some provisions of Emiri Decree No. 15 of 1959 regarding the Kuwaiti Nationality Law, some practical problems in application have resulted.

This matter came as the Ministry of the Interior worked on preparing a draft decree-law presented to amend some provisions of Decree-Law No. (15) of 1959 referred to, as the draft decree-law came in four promulgation articles, as follows:

The first article included replacing the texts of the first paragraph of Article (7) and Articles (8) and (13) of the aforementioned Emiri Decree No. (15) of 1959, as the first paragraph of Article (7) of the draft included a provision that included not considering the marital relationship a reason A gain of nationality for the wife of a foreigner who has acquired Kuwaiti nationality as was done in the current article.

Article (8) of the draft included a provision regarding the marital relationship not being considered a reason for the foreign wife of a Kuwaiti to acquire Kuwaiti nationality.

The replaced Article (13) also included amending the preamble of the article in line with the amendment of Articles (7) and (8) referred to. It also included the circumstances in which Kuwaiti nationality may be withdrawn from a Kuwaiti who naturalized by fraud or forgery or based on false statements. In this case, nationality is withdrawn from whomever is He acquired it through dependency.

An amendment was also made to Clause No. (2) of the aforementioned article, so that it is permissible by decree to withdraw citizenship from those who acquired it in accordance with the provisions of this law if the person who acquired it is convicted by a final ruling for committing a crime against honor or trust, or any of the internal or external state security crimes, or is sentenced by a final ruling in The crime of insulting the divine entity, the prophets and messengers, or the princely entity, or if he was disciplinaryly dismissed from his government job for reasons related to honor or honesty, or if the state’s supreme interest or external security so required, or If there is evidence that he is promoting principles that undermine the economic or social system in the country or his affiliation to a foreign political body, and in this case Kuwaiti citizenship will be withdrawn from those who acquired it through dependency.

The draft decree law added a new article No. (7 bis A) that allows a minor born to a Kuwaiti mother (in original) who maintains residency in Kuwait to be treated as a Kuwaiti until he reaches the age of majority if his foreign father is imprisoned or divorced his mother irrevocably or if his foreign father dies. With the aim of stabilizing the family and supporting the Kuwaiti mother and her children, who will be treated like Kuwaitis, especially in obtaining education and health services, until they reach the age of majority.

The last paragraph added to a text in Article (20) included a provision related to the permissibility of using modern scientific methods in granting, withdrawing, or losing citizenship, which entrusted the Minister of Interior to issue a decision specifying the controls and foundations of that proof in order to keep pace with the modern methods emerging in this field.

The third article of the project included the cancellation of clauses (Second and Third) of Article (5) of the aforementioned Decree Law No. (15) of 1959, given that the provision of Clause II included within Article (7) bis added to the current draft, and given the practical reality resulting from the difficulty of counting residents. In Kuwait in 1965 and before, in accordance with Clause Three, it also included the abolition of Article (9) of Decree Law No. (15) of the year The aforementioned 1959 is consistent with deleting the provisions of the first paragraph of Article (7) and Article (8) not to consider the marital relationship as a reason for gaining citizenship.

Finally, Article Four included the executive article of the proposed Decree-Law, which stipulated that the provisions of the Decree-Law would enter into force from the date of its publication in the Official Gazette.