Article 5, amended repeatedly, grants nationality to foreigners by Decree
if they: 1) rendered valuable services to Kuwait, 2) are children of Kuwaiti
mothers born to foreign fathers, if the father is held hostage, died, or
divorced their mother, or 3) are a non-Arab foreigner who resided in
Kuwait since 1930 and maintained residence, along with dependents.
Article 6 stipulates that any of the naturalised persons according to
Articles 3,4,5,7, or 8 will have no right to vote in any Parliamentary
elections or become a candidate within 30 years of naturalisation.
Article 7 grants foreign wives of naturalised Kuwaiti citizens the right to
nationality one year after his husband’s naturalisation only if she declares
her wish to be naturalised. Children of naturalised citizens become
Kuwaiti if they wish to obtain their fathers’ nationality within one year
of reaching the age of maturity. Article 8, the subject of much debate and
concern, states that foreign wives of Kuwaiti nationals can be granted
nationality if the marriage duration was at least 15 years, unless approved
by the Minister of the Interior.The wife can also apply for nationality after
death or divorce if she was the mother of Kuwaiti children, if the Minister
of Interior approves it, if she maintained a residency in Kuwait until the
end of the required 15 years. Article 9 states that a naturalised foreign
wife will not lose her Kuwaiti nationality if her marriage is terminated
unless she re-acquired her original nationality or other nationalities.
Article 10 states that a Kuwaiti woman who marries a foreigner will not
lose her Kuwaiti nationality unless she acquires the nationality of her
husband.
Articles 11 states that a Kuwaiti national will lose his nationality if
he becomes voluntarily naturalised by another country, along with
his naturalised wife or children if they voluntarily acquire another
nationality. He may reacquire his Kuwaiti nationality by a Resolution
of the Council of Ministers and Minister of Interior recommendation
and after renouncing his foreign nationality. Similarly, a Kuwaiti woman,
as per Article 12, can reacquire her Kuwaiti Nationality if approved by
the Council of Ministers and by recommendation from the Minister of
Interior. Naturalised persons are not allowed to have other nationalities
and they must reside in Kuwait.
9
Kuwait: Amendments to Kuwaiti Nationality Law
pose serious threats to human rights