Saudi Arabian Citizenship System:

Transcription

1 Kingdom of Saudi Arabia Ministry of Interior Ministerial Agency of Civil Affairs Saudi Arabian Citizenship System: The Saudi Citizenship System was approved by the Cabinet according to the Decision no. 4 dated in 25/1/1374 Hijra, as follows: 1- This system is called the Saudi Arabian Citizenship System 2- This system has no retroactive effect, and all decisions and procedures executed according to the previous systems are considered valid. In addition, the citizenships granted according to the previous systems are considered valid. 3- The following expressions in the system indicate the description below: The Saudi is whoever follows the Government of His Majesty the King according to this system s regulations. The Saudi by naturalisation is whoever acquired the Saudi Arabian Citizenship according to its regulations. The foreigner is the Non-Saudi. The minor is : underage crazy insane Age of maturity is according to the terms mentioned in the Islamic Shari>ah. Kingdom of Saudi Arabia includes lands, water and atmospheric layer under the sovereignty of the Saudi Arabian. In addition, it includes ships and aircrafts that have the Saudi Arabian flag. 4- The Saudis Are: a- Whoever acquired an Ottoman Nationality in year 1332 Hijra 1914 A.D. of original Saudi Arabian land>s inhabitants. b- Ottoman Citizens born in Saudi Arabian land or residents inside the Kingdom from 1332 Hijra 1914 A.D. until 22/3/1345 Hijra and did not acquire a foreign citizenship prior to this date. c- Non-Ottoman Citizens who resided in the Saudi Arabian land from 1332 Hijra 1914 A.D. until 22/3/ 1345 Hijra and did not acquire a foreign citizenship prior to this date. 5- The Term in Paragraph (a) of the 4th Article is valid for original female inhabitants inside the Kingdom of Saudi Arabia who applied for the Saudi Citizenship recovery after their divorce or the husband>s death. 6- After one year of this system s validity; requests to acquire Saudi Citizenship Certificates are rejected for individuals matching the Paragraphs (b) and (c) of the 4th Article regarding an underage who he reached the legal age for more than one year. 7- Individuals born inside or outside the Kingdom from a Saudi father, or Saudi mother and unknown father, or born inside the Kingdom from unknown parents (foundling) are considered Saudis. The foundling inside the Kingdom is considered born in it unless the opposite is proven. 8- Individuals born inside the Kingdom from Non-Saudi father and Saudi mother may be granted Saudi Citizenship by the decision of The Minister of Interior in case of the following conditions: a- Having a permanent Resident Permit (Iqama) when he reaches the legal age.

2 b- Having good behaviour, and never sentenced to criminal judgment or imprisonment for more than six months. c- Being fluent in Arabic. d- Applying for the citizenship after one year of reaching the legal age. 9- Saudi Citizenship can be granted for foreigners if the following conditions are met: a- The applicant must be above the legal age while applying. b- The applicant must not be crazy or insane. c- While applying, the following conditions must be considered: 1- He must have permanent Resident Permit (Iqama) inside the Kingdom for five years continuously as minimum. 2- He must have good behaviour. 3- Never sentenced to criminal judgment or imprisonment for more than six months. 4- He must poof that his income is legal. The applicant>s permanent Resident Permit and legal passport (or any other valid document) must be attached to the Citizenship application. In addition, all documents that prove the requirements of this system must be attached. 10- Saudi Arabian Citizenship is granted by the Prime Minister according to the guidance of the Minister of Interior. However, the Minister of Interior has the right to reject the application of Saudi Citizenship without mentioning the reasons prior to providing the guidance mentioned above. 11- Saudis are not permitted to acquire any foreign citizenship without the permission of the Prime Minister. If a Saudi Citizen acquired a foreign Citizenship without this permission, he will be considered Saudi unless the Saudi Government dropped his Saudi Citizenship according to the term of Article (13). 12- If the Saudi Citizen acquired a foreign citizenship after the permission; his wife loses her Saudi Citizenship if the statutory laws of the new citizenship require that she follows her husband>s nationality, unless she requested (within one year as maximum) to keep her Saudi Arabian Citizenship. Though, his underage children follow his new citizenship (if the statutory laws of the new citizenship required) and lose their Saudi Citizenship, and they have the right to restore their Saudi Citizenship within one year after reaching the legal age. 13- Saudi Citizenship may be withdrawn by a Decree in case of the following: a- If the Saudi Citizen obtained another citizenship and violated Article (11) of this system. b- If the Saudi Citizen worked at the Armed Forces of any foreigner Government without obtaining the permission of the Saudi Government. c- If the Saudi Citizen worked for the benefit of a foreign Government during its wartime with the Kingdom of Saudi Arabia. d- If the Saudi Citizen accepted working for a foreign Government or international Organisation, and remain working for them despite the Saudi Government>s order for him to quit. In all cases mentioned in Paragraphs (a, b, c, d) of this Article, the Saudi Citizen must be warned 3 months in advance before withdrawing his Citizenship. According to this system, clearance of his possessions must take place in accordance with the real estate possession system, and he may be deprived of residing in the Saudi Arabian lands. 14- If the foreigner obtained a Saudi Arabian Citizenship; his wife will obtain it as a result unless she decided within the first year to keep her original Citizenship. Underage children residing in Saudi Arabia are considered Saudis if their father obtained the Saudi Citizenship, and they have the right to recover their father>s

3 original Citizenship within one year from reaching the legal age. However, if they were residents outside the Kingdom; they are considered foreigners and they have the right to acquire their father>s Saudi Citizenship within one year from reaching the legal age. 15- The Saudi naturalised individual can apply for each female under his guardianship to acquire the Saudi Citizenship. 16- The foreign wife of a Saudi may acquire the Saudi Citizenship if she abandoned her original nationality and required the Saudi Citizenship. 17- Considering Articles ( ) of Legal Civil Procedures System, the Saudi female does not lose her Saudi Citizenship if she married a foreigner, unless she is allowed to leave the Kingdom with her husband, and joined her husband>s nationality according to statutory laws of this nationality. 18- Saudi wife of a foreigner has the right to recover her Saudi Citizenship in case of divorce and returning to the Kingdom. 19- If an individual lost his Saudi Citizenship, the following terms apply to his wife and children: a- Wife of the individual who have lost his Saudi Citizenship according to the Article (13) have the right whether to follow her husband>s new nationality or to keep her Saudi Nationality, and she has the right to recover her Saudi Citizenship in case of divorce. However, children residing outside the Kingdom have the right to acquire the Saudi Citizenship when they reached the legal age. b- If an individual lost his Saudi Citizenship according to the Article (11), his wife and children will not lose their Saudi Citizenship as a result. 20- The applicant>s residency period will be reset if either of the following conditions are met: i. The applicant, after filing his application, left the Kingdom for more than 12 months using his existing passport. ii. The applicant, before filing his application, left the kingdom for more than 6 months. 21- The Saudi Citizenship may be withdrawn from the naturalised individual (within the first 5 years of naturalisation) by a Decree according to the Request of the Minister of Interior in case of the following: a- If the naturalised individual is sentenced to a criminal judgment or imprisonment for more than one year. b- If the naturalised individual performed or contributed in any operation that disturbs the public security inside the Kingdom. 22- The Saudi Citizenship may be withdrawn by a Decree according to the guidance of the Minister of Interior and approval of the Prime Minister if proven that the naturalised individual acquired the Saudi Citizenship through cheating, lying or falsifying witnesses, documents or information. 23- If the Saudi Citizenship was withdrawn from the naturalised individual; it will also be withdrawn from individuals under his sponsorship, unless their good behaviour is proven. 24- Ministry of Interior is the concerned authority to carry out this system, and the applications of this system must be directed to the Minister of Interior through an official announcement or a receipt to the concerned employee working in the Department at the same region where the applicant resides. Whereas abroad, the politician representatives or Councils of the Saudi Government are responsible for receiving the applications and documents. 25- All Decrees and Decisions regarding granting, withdrawing or recovering the Saudi Citizenship are considered valid as soon as published officially in the newspaper. 26- If an individual submitted false documents or testimonies in order to acquire the Saudi Citizenship or deny it, and the approval of the Minister of Interior is issued according to these false documents or testimonies;

4 he will be imprisoned for two years or fined 1000 S.R. as maximum. 27- The Minister of Interior issues Decisions regarding this system. 28- This system invalidates the Saudi Citizenship System issued according to the Royal Administration approval no. 7/1/47 dated in 13/10/1357 Hijra; it also invalidates the previous systems such as Hijazi Nationality System and Najdi Nationality System or other systems that conflict with it. 29- Only the Royal King have the right to grant the Saudi Citizenship for individuals not matching the terms mentioned in Article (9) or withdraw the Saudi Citizenship from individuals not matching the terms mentioned in Article (13). 30- This system is considered valid since the approval is issued and published in the official newspapers. Achievements: Achievements and development of the Civil Affairs Sector (one of the important sectors of MOI providing services for Citizens and Expatriates) during the last period are summarised as follows: First: Development and achievements accomplished in the registration procedures at the Civil Affairs (Civil Record) which is automatically linked to the Central Computer System in the NIC include the following: 1- Modify the method of displaying data: The method of displaying information on the display screen for the terminal is modified in order to allow the data registrar to view the Citizen>s data. 2- Provide modern equipments: 367 terminals and 363 printers are supplied and distributed on all the branches of Civil Affairs. However, branches that acquired terminals since 1405 Hijra (when the Civil Affairs Labour began) are not supplied by these new terminals. In addition, the system is developed and the speed of information exchange between the terminals and the NIC central computer system is enhanced by 100% which assisted the Administrations of Civil Affairs in controlling computer operations and provide more efficient services to the Citizens. 3- Establishing the Computer Department: The Computer Department is established and it is responsible for coordinating with the NIC to contribute in defining the problems and obstacles facing the information registrar while registering some procedures, and communicate with the NIC afterwards to discuss the solutions with the specialists, and contribute in developing systems and software. This effort is performed through a number of programmers and program analysts recommended by the NIC. Second: Administrative Development Field: Administrative development achievements include the following: 1- Positions: Focusing on qualifications took place in order to attract master and bachelor graduates. 2- Employment: Announcement of vacant jobs at Civil Affairs took place through Ministry of Civil Services in order to attract qualified employees. Around 70 employees were hired in the Administrations and Branches of Civil Affairs including a number of master graduates, system analysts and bachelor graduates. 3- Training: A member in the Teaching Committee of the General Organisation of Technical Education and Vocational Training is assigned as a part time Consultant to contribute in the Administrative Development and prepare the training plans assisted by a specialised committee consisting of training specialists in order to develop the abilities and skills of the Civil Affairs employees including training on computers, administrative behaviour and saving documents. 4- Automation: Administrations and branches of Civil Affairs are supplied with PCs to develop work

5 procedures and shift from manual work to automated work through intranet in order to simplify and enhance work with lower cost. In addition, special programs are designed to implement few procedures. 5- Planning: An Administrative Committee was formed at the Civil Affairs according to the Decision of HRH Deputy Minister. This Committee plans, coordinates and organises the procedures of Civil Affairs to achieve the highest levels of quick services and develop work procedures. 6- Monitoring: The employees> attendance and Civil Affairs performance is monitored according to the following: a- Coordinate with the General Administration of Pursuit for assistance. b- Carrying out the duties of the Administration of Monitoring at the Civil Affairs. c- Formation of a work team that consists of qualified employees to monitor work progress of the Civil Affairs branches and ensure the steadiness of work procedures, and finalise the applicants> procedures easily and promptly, and define the obstacles. Forms are created to evaluate the performance of the Administration regarding attendance, number of applicants, time consumed to perform a service, status of Documents Saving Departments and status of computers. d- Issue a circular regarding the methods of dealing with employees that are frequently late or absent and distribute this circular on all Administrations and Branches of Civil Affairs. 7- Statistics: For the first time, statistical information for the activity of a specific year was collected; this information was registered in a statistical book issued annually including charts and statistical tables regarding the activity of each procedure such as: number of issued Civil Affairs IDs, Family IDs, Birth Certificates.etc.). Analysing the information of this statistical book contributes in defining the quantity of work in each branch of Civil Affairs. In addition, it helps in planning and analysing statistics related to security issues. 8- Equipments: Faxes, copying machines and shredders are supplied; they are distributed on the Administrations and Branches of Civil Affairs according to their requirements. In addition, a Factory is equipped to issue stamps and another factory to issue the employee>s ID by printing the employee>s information and photo electronically, and a copy centre is established as well to provide services for the Civil Affairs> Administrations and Branches, and reequip the Civil Affairs Administrations> offices, stationary, AC units, waiting lounges and Centrals. Executive Regulation of Saudi Citizenship System: First Article: The following expressions are defined as: a. The System: The Saudi Arabian Citizenship system issued by the Royal Order no. 8/20/5604 dated in 22/2/1374 Hijra along with the modifications. b. The Citizenship: The Saudi Arabian Citizenship. c. The Legal Age: 18 and above. d. The Underage: Individuals who did not reach the legal age. e. The year: Lunar Hijra year. f. The Children: males and females. Second Article: Birth inside the Kingdom is proven by the Birth Certificate or any official document issued by the concerned authority. If not available, the birth is proven by the common proving methods such as certificates and registra-

6 tion of witnesses if they were sanctioned by the Mayor or any official identifier. Third Article: According to this system; Citizenship applications are accepted from the concerned individual or his legal representative, and the Civil Affairs Administration or the Saudi Authority Representative abroad has the right to request his presence personally. Forth Article: Citizenship applications are submitted according to the Article (8) of this system to the Civil Affairs Administration within one year of reaching the legal age. Fifth Article: The year required for Citizenship applying is calculated starting from the next day of reaching the legal age. Sixth Article: The permanent residence mentioned in Article (8) of this system is the continuous actual residence which is proven by the Resident Permit (Iqama), and it can be proven by other methods such as witnesses, academic certificates and passport registrations. Seventh Article: The following procedures must be followed regarding Citizenship requests according to Article (8): 1- Register the request in the incoming record, and the applicant must be provided by a coupon including number and date of his request. 2- Fill-in and sign the Citizenship request application no. (74) by the applicant, and apply his photo on the application then stamp it by the Administration. 3- Fill-in three copies of the information application no. (76). 4- Submit a facsimile of all the documents required from the applicant. 5- Explain to the applicant the Articles (11, 22, and 26) of this system and acquire his signature on that. Eighth Article: First: The Ministry of Interior Agency of Civil Affairs is in charge of receiving and registering applications directed to the Minister of Interior to acquire the Citizenship according to the Article (9) of the system (by filling the specified form). Second: These applications are reviewed initially by a Committee that consists of three members. The members of this Committee must not be less than the 8th grade and one of them must be qualified legally, and they must investigate the following: 1- The applicant>s arrival to the kingdom must be legal, and he must acquire a valid passport allowing him to return to his country without any terms. 2- The applicant>s residence duration must be for 10 years continuously as minimum according to a legal resident permit. 3- The applicant must acquire an occupation that is required in the Kingdom. Third: According to the information submitted by the applicant; the Committee evaluates the application through 3 elements that presents 33 points distributed as the following:

7 1- Residence for 10 years continuously as minimum (10 points). 2- The occupation of the applicant which proves (through the qualification) the specialities required in the Kingdom. The sum of the occupation>s points is 13 as maximum, and only one qualification of the application is calculated according to the following: a- PHD degree in Medicine or Engineering (13 points). b- PHD degree in other sciences (10 points). c- Masters degree (8 points). d- Bachelor degree (5 points). 3- Ensure that the applicant has Saudi relatives, the sum of the Saudi relatives is 10 as maximum calculated according to the following: a- If the applicant>s father is Saudi, he acquires 3 points. b- If the applicant>s mother and the mother>s father are Saudis, he acquires 3 points. However, if the mother only is Saudi, the applicant acquires 2 points only. c- If the applicant>s wife and the wife>s father are Saudis, he acquires 2 points. However, if the wife only is Saudi, the applicant acquires one point only. d- If the applicant has more than two Saudi children and brothers, he acquires 2 points. However, if they were less than two, the applicant acquires 1 point only. Forth: If the applicant acquired 23 points as minimum, the committee recommends reviewing his application. However, if the applicant acquired less than 23 points, the Committee recommends saving the application. Fifth: Procedures of any applications recommended by the Committee to be reviewed must be finalised according to the Article (9) of the system, and must be submitted to the Naturalisation Committee formed by the Ministerial Decision no dated in 13/10/1423 Hijra, in order to issue the final recommendation and submit it to the Minister of Interior. Ninth Article: The residence mentioned in Article (9) of the system is proven by the Resident Permit (Iqama) according to the regulations of the Iqama System. Residence inside the Kingdom without the Resident Permit is not considered while applying for the Saudi Citizenship. Tenth Article: The term of having normal intellect and body according to Article (9) of the system must be proven by a medical report issued by a Governmental hospital. Eleventh Article: Occupation holders required in the country according to the Article (9) of the system are Scientist, Doctors, Engineers and rare speciality holders. This must be proven by the submitted qualifications and recommendation of the occupation concerned authority. Twelfth Article: The following procedures must be taken regarding Saudi Citizenship applications according to Article (9) of the system: 1- Submit a verified copy of qualifications, and if it was not in Arabic it must be translated and verified, and define the applicant>s productivity and the languages he speaks fluently.

8 2- Submit a report of the applicant>s fortune inside the Kingdom or abroad and his income sources. 3- Submit a sanctioned certificate by the applicant>s employer defining the applicant>s work nature and his monthly income. 4- Submit a report regarding the religious belief, political activity and military services previously. 5- Submit a facsimile of all the documents required from the applicant. 6- The applicant must fill-in and sign the Citizenship request application no. (75), and apply his photo on the application then stamp it by the Administration. 7- Fill-in three copies of the information application no. (76). 8- Explain to the applicant the Articles (11, 22, and 26) of this system and acquire his signature on that. Thirteenth Article: The term of being fluent in Arabic mentioned in Articles (8-9) of the system is proven by a report specified for each Article separately. Fourteenth Article: The conditions mentioned in Paragraph (b) of Article (8), and Paragraph (c) of Article (9) are proven by the following: 1- A certificate signed by the Imam of the Mosque at the applicant>s area. 2- Certificate of the applicant>s behaviour by his employer. 3- Confirmation of the applicant that he was never sentenced to a criminal judgment or imprisoned for an ethical crime. 4- There must be no precedents in the Applicant>s Criminal Status. 5- There must be no comments by the concerned authorities regarding the applicant. Fifteenth Article: Requests for Saudi Citizenship recovery mentioned in Article (12) of the system are submitted to the Administrations of Civil Affairs or the Saudi Authority Representatives abroad within one year from reaching the legal age. Sixteenth Article: Requests for Saudi Citizenship according to Articles (14 16) of the system are submitted to the Civil Affairs Administration. Seventeenth Article: First: If the foreigner acquired a Saudi Citizenship, his wife will be Saudi if she arrived to the Kingdom and required the Saudi Citizenship. Second: The Civil Affairs Administrations are responsible to finalise the necessary procedures to register the wife and children of the naturalised individual in the Civil Record according to Article (14) of the system. Eighteenth Article: If the children of the Naturalised individual decided to remain on their father>s original Citizenship according to Article (14) of the system, they must declare this to the Civil Affairs Administration or the Saudi Authority

9 Representatives abroad within one year from reaching the legal age and hand over all the Saudi documents under their possession. Nineteenth Article: The Minister of Interior issues the necessary Decisions to grant the Saudi Citizenship according to Article (14) of the system for children who reached the legal age while their father>s application is processing. Twentieth Article: The term of being a continuous resident inside the Kingdom to acquire the Saudi Citizenship is considered valid even if the applicant left the Kingdom before applying for the Saudi Citizenship and returned before the end of his Exit Re-entry visa duration. This term is also considered valid even if the applicant left the Kingdom for one year as maximum after applying for the Saudi Citizenship. Twenty First Article: Granting the Saudi Citizenship to the foreign wife of a Saudi Citizen takes place by the Decision of the Minister of Interior according to Article (16) of the system if she applied and if the following conditions are applicable: 1- Carrying out the legal marriage relationship. 2- If the wife renounced her original nationality to a judge or a notary. 3- If the marriage is according to the statutory regulations of marriage between a Saudi Citizen and a foreigner. 4- The wife must submit a report that she was never sentenced to a criminal or ethical judgment. 5- There must be no comments by the concerned authorities regarding the wife. 6- The wife must be a resident inside the Kingdom. 7- The marriage duration must be 5 years as minimum. However, applicants who do not conform to this condition may be considered if some or all of the following conditions are applicable: First: If they have been married for 4 years and have no children, and one or more of the following conditions are applicable: a- If one of the wife>s brothers or Sisters is Saudi. b- If the wife was born inside the Kingdom by foreign parents. c- If the husband is a relative to the wife. d- If the husband is on of the occupation holders such as doctors and engineers. e- If the age difference between the husband and his wife is less than five years. Second: If they have been married for 3 years and one or more of the following conditions are applicable: a- If they didn>t have children and the wife has more than one Saudi brother or sister. b- If they have one child and the wife does not have Saudi relatives. Third: If they have been married for 2 years without having children, and the wife>s mother is Saudi, and she doesn>t match the conditions of Article (8) of the system. Forth: If they have been married for one year and they have one child, and one or more of the following condi-

10 tions are applicable: a- If one of the wife>s brothers or Sisters is Saudi. b- If the wife was born inside the Kingdom by foreign parents. c- If the husband is a relative to the wife. d- If the husband is on of the occupation holders such as doctors and engineers. e- If the age difference between the husband and his wife is less than five years. Fifth: The marriage duration may be considered if some or all of the following conditions are applicable: a- If the wife>s father is a naturalised Saudi and she did not acquire the Saudi Citizenship. b- If they had more than one child. c- If they had one child and the wife>s mother is Saudi. d- If they had one child and the wife had more than one Saudi brother or sister. e- If the wife was born inside the kingdom and she matches the conditions mentioned in Article (8) of the system. Sixth: In case of divorce, the marriage duration between a foreign wife and a Saudi husband may be considered if she had children from him. Twenty Second Article: Granting the Saudi Citizenship to the foreign widow of a Saudi Citizen takes place by the Decision of the Minister of Interior according to Article (16) of the system if she applied and if the following conditions are applicable: 1- Proving that she is a widow legally. 2- If the widow renounced her original nationality to a judge or a notary. 3- If the widow did not get married after her husband>s death. 4- The widow must be a resident inside the Kingdom. 5- The wife must submit a report that she was never sentenced to a criminal or ethical judgment. 6- No comments must be available by the concerned authorities regarding the widow. 7- The widow must have a child or more who reached the legal age from her deceased Saudi husband or her previous Saudi husband. Twenty Third Article: Application or reports related to Saudi Citizenship requests are not accepted unless submitted by the request owner personally or his legal representative. Applications and documents are submitted to the concerned employee at the Civil Affairs Administrations or the Saudi Authority Representatives abroad. Twenty Forth Article: Warning before withdrawing the Saudi Citizenship (Article 13 of the system) is announced according to the Executive Regulation. Twenty Fifth Article: Individuals who lose their Saudi Citizenship must hand over all their Saudi documents to any Civil Affairs Administration or Saudi Authority Representative abroad.

11 Twenty Sixth Article: If the children residing outside the Kingdom choose to obtain the Saudi Citizenship according to Paragraph (a) of Article (19) of the system, they have to announce this at any Saudi Authority Representative in the country they reside when they reach the legal age. Twenty Seventh Article: All applications mentioned in the system must be submitted to the Minister of Interior. Twenty Eighth Article: The Minister of Interior issues the Decisions of granting the Citizenship according to Article (8) of the system. Twenty Ninth Article: The Minister of Interior issues the Decisions of withdrawing the Citizenship according to Article (16) of the system. Thirtieth Article: Granting the Citizenship does not exempt the naturalised individual from the statutory regulations of his original country in case these regulations required permission in advance before abandoning his original nationality and obtain a new nationality, acquiring this permission is at his own responsibility. Thirty First Article: Individuals submitting false statements or documents to the authorities in order proof or deny the Citizenship will be referred to the Control and Investigation Organisation to investigate this issue. Thirty Second Article: The Ministry of interior Agency of Civil Affairs coordinates with the General Security to report the registrations regarding the terms mentioned in the Article (21) of the system in the Criminal Status Record of the naturalised individual within 10 years from obtaining the Citizenship. Thirty Third Article: The concerned Administration of Civil Affairs executes the Decree or Decision issued regarding the Citizenship granting, withdrawing or recovering by reporting to the official newspaper (Umm Al-Quara) to publish it according to the Article (25) of the system. Thirty Forth Article: While implementing the system>s terms, the international agreements between the Kingdom and other countries must be considered. Thirty Fifth Article: This regulation must be published in the official newspaper, and it is considered valid from date of publishing.