Egyptian nationality law

The Egyptian Nationality Law is based on a mixture the principles of Jus sanguinis and Jus soli with some alterations. In other words both place of birth and Egyptian parentage are relevant for determining whether a person is an Egyptian citizen.^[1]

Acquisition of the citizenship

Considered Egyptians

The following are deemed Egyptian Nationals:

• Those who have settled in Egypt since before November 5, 1914, and are not nationals of foreign countries, and have maintained their residence in Egypt until the present law comes into force.
• Those who on the 22nd of February 1958 were enjoying the Egyptian nationality according to the provisions of law no. 391 for 1956 concerning Egyptian nationality.
• Those who have acquired the United Arab Republic nationality pursuant to the provisions of Law no. 82 for 1958 concerning UAR nationality:
  • By birth, from a father or a mother who is considered Egyptian as per item 2 of the present article or by birth in the Egyptian region of the United Arab Republic, or if the UAR nationality has been granted to him on the basis of birth, or residence in the Egyptian region, or on the basis of Egyptian origin, or nor having rendered honorable services to the government of the Egyptian region, or because he is head of an Egyptian religious sect working in the Egyptian regions.
  • Those who are considered Egyptians under nationality laws issued prior to law No. 82 for 1958, then forfeited their nationality and restored it later or it has been restored to them under Law No. 82 referred to herein before.
  • A Foreign woman who has acquired the nationality of the United Arab Republic, under the provisions of Law No. 82 for 1958 referred to before, either through marriage to someone regarded as Egyptian in accordance with the provisions of item 2 of the present article, or provisions of (a) and (b) of that item, or because her foreign husband has acquired the Egyptian nationality.^[2]

Birth in Egypt

The following are deemed Egyptian Nationals:

• Those who were born in Egypt to an Egyptian mother, and a father whose nationality is unknown or who is stateless at the time of birth.
• Those who were born in Egypt, to an Egyptian mother but their kinship to the father has not been proved legally.
• Those who were born in Egypt to unknown parents.^[3]

Birth to an Egyptian parent

The following are deemed Egyptian Nationals:

• Those who were born to an Egyptian parent,or if you have any grandparent who is considered Egyptian
• Those who were born abroad, of an Egyptian mother, and of an unknown father, or a stateless father, or a father whose nationality is unknown, if he choses the Egyptian nationality, within one year from the date he comes of age, provided he shall advise the Minister of Interior of his choses, after making his ordinary residence in Egypt, and the minister of Interior does not object thereto within one year from the date of the advice is received by the Minister.
• To whoever belongs to an Egyptian origin whenever he applies for Egyptian nationality after 5 years of ordinary residence in Egypt, provided he has already attained full age at the time he submits the application

“Egyptian origin” means for the requirements of this law any Egyptian in whose case the absence of the residence element required in respect of him, his father or husband, or inability to establish such a residence support has forestalled recognition for him of the Egyptian nationality, if one of his ancestors or the ancestors of the husband was born in Egypt.^[4]

By marriage

Wives of Egyptian citizens (but not husbands of Egyptian citizens) can apply for citizenship (with the consent of the Egyptian husband) and acquire the citizenship after two years provided that the marriage is not terminated, except in case of the husband’s death.

However the ministry of interior may issue a justified decree depriving the wife from acquiring the Egyptian nationality, before the lapse of the two years stipulated herein, but such rejection can be disputed at court.

Naturalization

A person may be naturalised as an Egyptian citizen after at least 10 consecutive years of residence in Egypt.
Normally a person must be aged 21 or over in order to become a naturalized Egyptian citizen. Children aged under 21 normally obtain Egyptian citizenship automatically at the same time a responsible parent is naturalised.

All applicants must also meet the following criteria:

• The applicant should be mentally sane and suffering from no disability rendering him a burden on society.
• The applicant should be of a good conduct and reputation, and that no criminal penalty or penalty restricting his freedom should have been passed against him in a crime against honor, unless he has been rehabilitated.
• The applicant should be acquainted with the Arabic language.
• The applicant should have a legal means of earning his living.

A non-Egyptian who has acquired the Egyptian nationality shall not be entitled to exercising political rights before the lapse of 5 years from the date he acquires the nationality. He may not be elected or appointed a member of any parliamentary body before the lapse of 10 years from the said date.
However, by Presidential decree, he may be exempted from the first restriction, or both restrictions combined. The Minister of Interior, may exempt by decree, those who have joined the Egyptian Armed Forces and fought in their ranks, from the first restriction or both restrictions combined.
The Egyptian Nationality may be granted by Presidential decree. without being bound by the restrictions set out under the law, to any foreigner who renders honorable services to Egypt, as well as to the heads of the Egyptian religious sects.

Loss of Egyptian citizenship

Citizenship forfeit

An Egyptian National may voluntarily forfeit his/her citizenship by acquiring a foreign nationality except after obtaining a permission therefore, to be issued by decree of the Minister of Interior. In this case, the Egyptian shall forfeit the Egyptian nationality, if he/she has been permitted to obtain the foreign nationality.

Citizenship withdrawal

• An Egyptian nationality may, by a justified decree of the Council of Ministers, be withdrawn from whomever has acquired it by forged means or false statements, within 10 years from the date he acquired the Egyptian nationality.
• The Egyptian nationality may also be withdrawn from whoever has obtained it by naturalization or through marriage, within 5 years following the date is obtained, in any of the following cases:
  • If a sentence was passed against him in a criminal offense, or a penalty restricting his freedom in a crime against honor.
  • If a court-ruling has been passed against him in a crime against the safety of the state, either from outside or within the country.
  • If he has failed to reside in Egypt for 2 consecutive years, and his absence has been without a reason acceptable by the Minister of Interior.
• The Egyptian nationality may also be withdrawn, by decree of the Cabinet from whoever in any of the following cases:
  • If he obtains a foreign nationality, in a manner other than what is set forth sub article 10.
  • If he accepts to join military service in a foreign country without a prior license from the Minister of War.
  • If his normal residence is abroad, and a court ruling is issued condemning him in a crime harmful to the State security from abroad.
  • If he accepts a post abroad with a foreign government or a foreign or international body and remains in that post despite the issuance of a justifier reason by the Ministers Council ordering him to quit that post, should his stay in such a post constitute a threat to the supreme interests of the country, and that is if he continues in such a post more than six months from the date he is notified of the aforementioned order, at his post abroad.
  • If his normal stay is abroad, and he joins a foreign body whose purposes include working for the undermining of the social or economic order of the State, by the use of force or any other illegal means.
  • If he works for a foreign state or government which is in a state of war with Egypt, or with whom diplomatic relations have been severed, and his continuation in work for such a state or government would constitute a harm to Egypt’s military, diplomatic or economic situation, or would adversely affect any other national interest.

Resumption of Egyptian citizenship

The Egyptian nationality may be restituted by a decree of the Minister of Interior, to a person from whom it has been withdrawn or who has forfeited it, after the lapse of five years from withdrawing or forfeiting it. Restoring the Egyptian nationality may also take place by a Presidential decree. The Decree withdrawing or forfeiting the Egyptian nationality may also be waived by a decree of the Minister of Interior, if such a withdrawal or forfeiture decree has been based on fraud or mistake. The Egyptian nationality may also be restituted by decree of the Minister of Interior to a person having forfeited it by the obtention of a foreign nationality, after granting him a permission to that effect.

Dual citizenship

Under Egyptian Law, acquiring another citizenship is acceptable. The Egyptian law requires that those who apply for another nationality inform appropriate Egyptian officials.

• Egyptians who have acquired a foreign citizenship may keep their Egyptian nationality if the other country permits it and if within a period not exceeding 1 year from the date he/she acquires the foreign nationality, declares his wish to retain his Egyptian citizenship.
• Persons who become naturalized Egyptian citizens may keep their original nationality if the other country permits it.

However, holders of a dual-citizenship are exempt from military service and prohibited from enrolling in military and police academies or being elected to Parliament.

This contrasts with some Asian countries such as India, China,or Japan, whose nationals are held to have lost this nationality as soon as they voluntarily assume another. Egyptian nationals with at least one parent born in Japan will have to choose, by the age of 22, whether to keep their Japanese or Egyptian nationality.

As Egypt is primarily a jus sanguinis jurisdiction, the status of persons born to Egyptian parents in countries operating under liberal jus soli rules is somewhat complex. A prime example is the child of Egyptians born in the United States, where any person born subject to its jurisdiction is automatically a citizen: assuming that both parents are Egyptian but not American citizens, the child is without question automatically an American citizen under American law and an Egyptian citizen under Egyptian law. While the position of the American government regarding the child's Egyptian citizenship is clear (the United States would recognize it without question), Egypt cannot be informed of the acquisition of American citizenship within the allotted one-year timeframe, as the citizen in question is an infant and likely unable to speak. Therefore, even if the child is registered with the Egyptian authorities and given an Egyptian birth certificate (proof of Egyptian citizenship), it is unclear whether Egypt would recognize the foreign citizenship at all in official contexts.^[5]

Recent amendments

In 2004, Article 1 of the law has been amended to include the right of citizenship to those born to either Egyptian fathers or mothers in contrast to an earlier version excluding this right to children born to Egyptian fathers alone.^[6][7] Such amendment realized the principle of equality between those who were born to an Egyptian father and an Egyptian mother to enjoy the Egyptian nationality with no restrictions. It copes with the modern trends of the nationality laws that codifies the right of the mother to give her nationality to her children, and codifies the conditions of the children of an Egyptian national mother and a non-Egyptian national father, and the legislative provisions in the necessity of granting the Egyptian nationality upon their birth from an Egyptian mother with no regard to the nationality of their non-Egyptian father, to be similar to those who were born to an Egyptian national father and a non-Egyptian national mother.^[8][9][10]

References

External links

• Ministry of foreign Affairs
• Egyptian Government
• Ministry of Manpower and Emigration