Kuwait Is Revising Its Naturalization Laws

Reports indicate that Kuwaiti authorities are working on a revised naturalisation law that will make significant changes to the current legislation.

As soon as the revised legislation has undergone extensive assessment by relevant committees, the Ministry of Interior, and the Fatwa and Legislation Department, it will be put forward for endorsement in the upcoming session of the National Assembly.

Some of the proposed changes to the new legislation were revealed by a trusted security source. Notably, if a divorce ensues between a Kuwaiti man and an expat woman who was granted citizenship accordingly, the expat woman may face the revocation of her Kuwaiti nationality, compelling her to revert to her original citizenship. The amendments also suggest a halt to naturalisations, excluding specific segments designated by the Central Committee, provided that some conditions are met, including that a person will need to have resided in Kuwait for over 15 years to qualify for naturalisation.

Security source highlighted several key amendments under consideration. One of the major amendments is to halt the naturalisation process for children born to Kuwaiti mothers married to expats. Another significant change is the potential restriction on non-Kuwaiti women married to Kuwaiti men; they might only be eligible for naturalisation if the marriage has lasted 18 years, they share children, and they are still married.

Additionally, under the revised law, foreign nationals may be deprived of their nationality if, after obtaining citizenship through marriage to a Kuwaiti, they divorce, move outside Kuwait, marry another person, and do not have children with their former Kuwaiti partner.

The source also highlighted collaborations between the Ministry of Interior’s Public Authority for Manpower and the Ministry of Commerce. This partnership aims to pinpoint instances where individuals have leveraged their granted citizenship for commercial advantages post-divorce, making them candidates for potential nationality withdrawal.

The legislation also seeks to empower the Supreme Committee for the Investigation of Nationality. Constituted by members from the Ministry of Interior and Defence, along with the Secretary-General of the Council of Ministers, this committee will play a pivotal role in overseeing naturalisations and nationality withdrawals, especially focusing on fraudulent cases.

Those who obtain citizenship by virtue of marital dependency and then file for divorce without a valid reason are subject to particularly strict laws. The onus of proof will fall on the husband in these cases.

 

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