Naturalisation as an Iraqi national under the Nationality Law
Naturalisation is the route by which a non-Iraqi acquires Iraqi nationality by decision of the Minister of Interior. It differs from original nationality, which arises from birth to an Iraqi father or mother. Most people who ask about it are long-term residents, or the husbands and wives of Iraqis. The office of lawyer Ali Barakat in Baghdad sets out the conditions and effects of naturalisation under Iraqi Nationality Law No. 26 of 2006.
General naturalisation: the sixth article
The first paragraph of the sixth article allows the Minister to accept the naturalisation of a non-Iraqi who meets these conditions:
- He or she has reached majority, which under the first article means eighteen full years by the Gregorian calendar.
- He or she entered Iraq lawfully and is resident there when applying; those born in Iraq and resident there who hold a civil status register but no nationality certificate are exempt.
- He or she has resided in Iraq lawfully for at least ten consecutive years before applying.
- He or she is of good conduct and reputation and has not been convicted of a felony or a misdemeanour against honour.
- He or she has a clear means of living.
- He or she is free of communicable diseases.
The following paragraphs add limits: nationality is not granted to Palestinians, to protect their right of return; it is not granted for population settlement policies that disturb Iraq's demographic make-up; and grants made by the former regime for its own purposes are to be reviewed. The second limit repeats the fifth paragraph of article 18 of the Constitution.
The words "the Minister may accept" make acceptance discretionary. Meeting the conditions does not oblige the Minister to grant nationality, but the decision is subject to review by the administrative courts.
Special cases decided by the Minister
- Fourth article: the Minister may treat as Iraqi a person born outside Iraq to an Iraqi mother and an unknown or stateless father, if he or she chooses Iraqi nationality within a year of reaching majority, unless difficult circumstances prevented it, provided he or she is resident in Iraq when applying.
- Fifth article: the Minister may treat as Iraqi a person born in Iraq who reached majority there, whose non-Iraqi father was also born in Iraq and habitually resident there at the child's birth, provided the child applies.
The husband of an Iraqi woman and the wife of an Iraqi man
The seventh article allows the Minister to accept the naturalisation of a non-Iraqi man married to an Iraqi woman if he meets the conditions of the sixth article, with a residence period of at least five years while the marriage continues. Article 11 allows a non-Iraqi woman married to an Iraqi man to acquire nationality on three conditions: an application to the Minister, five years of marriage and residence in Iraq, and the marriage continuing until the application date. The last condition does not apply to a divorced or widowed woman who has a child by that husband.
Lawful residence can come before this period: the ninth article of the Residency of Foreigners Law allows one-year renewable residence for the spouse and children of an Iraqi man or woman who hold foreign passports. See residence of non-Iraqis.
The oath of loyalty and the date nationality is acquired
The eighth article requires every non-Iraqi granted nationality to take the oath of loyalty to Iraq before the competent nationality director within ninety days of notification, and the person becomes Iraqi from the date of the oath, not from the date of the decision. Nationality therefore runs from the oath, whose wording is set in the same article: to safeguard Iraq and its sovereignty, to keep the conditions of good citizenship, and to abide by the Constitution and the laws in force.
Minor children
The first paragraph of article 14 provides that when a non-Iraqi acquires nationality, his or her children under majority become Iraqi, provided they live with the parent in Iraq.
Rights of the naturalised person and their limits
Under the ninth article, a naturalised person enjoys the rights of an Iraqi except those excluded by a special law. However, he or she may not become a minister or a member of a parliamentary body until ten years after acquiring nationality, and may not hold the office of President or Vice-President, in the cases the text sets out.
Withdrawal of acquired nationality
Article 15 allows the Minister to withdraw acquired nationality if it is proved that the holder 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. See loss and renunciation of nationality.
Challenges
The administrative courts hear claims arising from the Nationality Law under article 19, and an applicant for naturalisation and the Minister may challenge the administrative court's decision before the federal court under article 20.
Legal basis and sources
- Iraqi Nationality Law No. 26 of 2006, articles 1, 4 to 9, 11, 14, 15, 19 and 20 (Official Gazette, issue 4019 of 7/3/2006)
- Constitution of the Republic of Iraq 2005, article 18 (Official Gazette, issue 4012 of 28/12/2005)
- Residency of Foreigners Law No. 76 of 2017, article 9 (Official Gazette, issue 4466 of 23/10/2017)
Frequently asked questions
Are ten years of residence enough to obtain nationality?
They are one condition; good conduct, a means of living and health are also required, and the decision is at the Minister's discretion.
When do I become Iraqi after approval?
From the date of the oath of loyalty before the competent nationality director, taken within ninety days of notification under the eighth article.
Can a refusal be challenged in court?
An administrative refusal is challenged before the administrative court; see challenging Nationality Directorate decisions.
Related topics and articles
- 01Residence of foreign nationals in Iraq under Residency of Foreigners Law No. 76 of 2017The residence card and its renewal, one-year residence for an Iraqi's family and students, three-year residence, objecting to a refusal, and expulsion and removal under Residency of Foreigners Law No. 76 of 2017.
- 02Loss, renunciation and recovery of Iraqi nationalityWhen Iraqi nationality ends: written renunciation, withdrawal of acquired nationality, the effect on children, and recovery, under article 18 of the Constitution and articles 10 and 12 to 18 of Nationality Law No. 26 of 2006.
- 03Challenging decisions of the nationality and residence authoritiesRoutes for contesting nationality, national card and residence decisions in Iraq: review within thirty days, objection to the Minister, grievance then the administrative court, and appeal to the Supreme Administrative Court and the federal court.
- 04The national card: issue and correction of dataIssuing and replacing the national card and correcting errors in the civil record under articles 5, 29, 30 and 34 to 36 of Iraq's National Card Law No. 3 of 2016.
- 05The Iraqi nationality certificate: when it is asked for and what replaced itThe status of the Iraqi nationality certificate after National Card Law No. 3 of 2016, and the basis of nationality in articles 2 and 3 of Nationality Law No. 26 of 2006 and article 18 of the Constitution.