Renouncing, withdrawing and recovering Iraqi nationality

In briefThe Constitution prohibits withdrawing nationality from an Iraqi by birth for any reason, and allows it to be withdrawn from a naturalised person in the cases set by law, under article 18. An Iraqi who acquires a foreign nationality keeps Iraqi nationality unless he or she renounces it in writing, and may recover it once by returning to Iraq lawfully and residing there for a year, under the tenth article of Nationality Law No. 26 of 2006. Anyone whose nationality was withdrawn for political, racial or sectarian reasons may recover it on request, under article 18.

Many Iraqis living abroad ask whether they lose their nationality by taking another. Others ask about recovering nationality their parents lost under earlier decisions. The answer starts with the Constitution and then with Iraqi Nationality Law No. 26 of 2006, which distinguishes between Iraqis by birth and naturalised persons, and between voluntary renunciation and withdrawal. The office of lawyer Ali Barakat in Baghdad explains these cases.

The constitutional rule

The third paragraph of article 18 of the Constitution prohibits withdrawing Iraqi nationality from an Iraqi by birth for any reason, gives anyone whose nationality was withdrawn the right to request its return, and allows nationality to be withdrawn from a naturalised person in the cases set by law. The fourth paragraph permits multiple nationality and requires anyone holding a sovereign or senior security post to give up any other acquired nationality.

Acquiring a foreign nationality does not end Iraqi nationality

The first paragraph of the tenth article of the Nationality Law provides that an Iraqi who acquires a foreign nationality keeps Iraqi nationality unless he or she declares in writing a renunciation of it. The second paragraph provides that Iraqi courts apply Iraqi law to a person holding both Iraqi and foreign nationality. The fourth paragraph of the ninth article bars an Iraqi holding another acquired nationality from a sovereign or senior security post unless he or she gives it up.

Renouncing Iraqi nationality is therefore a voluntary act requiring a written declaration. It is not presumed from travel, residence abroad or holding another passport.

An Iraqi woman married to a foreign national

Article 12 provides that an Iraqi woman who marries a non-Iraqi and acquires her husband's nationality does not lose Iraqi nationality unless she renounces it in writing. If she does renounce it, article 13 allows her to recover it if her husband is granted Iraqi nationality or she marries an Iraqi, or if her husband dies, divorces her or the marriage is annulled, provided in the last case that she is in Iraq when applying. Nationality returns from the date of the application.

Recovery after renunciation

The third paragraph of the tenth article allows an Iraqi who renounced nationality to recover it by returning to Iraq lawfully and residing there for at least one year, after which the Minister may treat him or her as having acquired nationality from the date of return. This right may be used only once.

Effect on minor children

The second paragraph of article 14 provides that when an Iraqi loses nationality, his or her children under majority lose it too, but may recover it on their own request if they return to Iraq and reside there for one year, becoming Iraqi from the date of return. The text excludes the children of those whose nationality ended under Law No. 1 of 1950 and Law No. 12 of 1951.

Withdrawal of acquired nationality

Article 15 allows the Minister to withdraw Iraqi nationality from a non-Iraqi who acquired it if it is proved that he or she carried out or attempted an act endangering the security and safety of the state, or provided false information about himself or herself or the family when applying, following a final court judgment. Withdrawal does not apply to Iraqis by birth and requires a final court judgment.

Restoring nationality withdrawn in the past

Article 17 repealed decision No. 666 of 1980 of the dissolved Revolutionary Command Council and restored Iraqi nationality to every Iraqi from whom it was withdrawn under that decision and all the unjust decisions of that Council on the subject. Article 18 gives every Iraqi whose nationality was withdrawn for political, racial or sectarian reasons the right to recover it on request, and gives children who lost it with a parent the right to apply after that parent's death, with the same exclusion relating to the 1950 and 1951 laws.

Financial obligations remain

Article 16 provides that an Iraqi whose nationality ends is not released from financial obligations incurred before it ended.

Effect on the record and the passport

Article 13 of the National Card Law allows the record in the civil information system to be cancelled by decision of the director general, or a person he authorises, on loss or withdrawal of Iraqi nationality. The passport is cancelled where renunciation or withdrawal of nationality is established, under article 12 of the Passports Law; see the Iraqi passport.

Legal basis and sources

Frequently asked questions

Do I lose Iraqi nationality if I obtain a European nationality?

No, unless you declare a renunciation in writing under the tenth article.

How many times can nationality be recovered after renunciation?

Once only, after lawful return and a year's residence under the third paragraph of the tenth article.

Can nationality be withdrawn from an Iraqi by birth?

No. The Constitution prohibits it, and withdrawal under article 15 concerns acquired nationality only. Naturalisation is covered on naturalisation.

Always check the text in force and its amendments in the official source.

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Loss, renunciation and recovery of Iraqi nationality