The signpost team has received on Facebook many questions about how to acquire the Iraqi citizenship for refugees and foreigners living in Iraq and what are the formal procedures for that.
The Iraqi government has not given Iraqi citizenship to a non-Iraqi for nearly 40 years, as a result of the circumstances the country is going through, starting with the Iran-Iraq war, through the Kuwait war, and up to this time.
In this article, we will discuss the Iraqi Nationality Law and the naturalization of non-Iraqis.
When is a person considered as an Iraqi citizen?
Anyone who obtained Iraqi citizenship according to the provisions of the Iraqi Nationality Law No. 42 of 1924, which is repealed, the Iraqi Nationality Law No. 43 of 1963, and Law No. 5 of 1975 granting Iraqi citizenship to Arabs, is considered an Iraqi.
What are the conditions under which the naturalization of non-Iraqis is accepted?
First: The age should be +18 years
Second: The person must have entered Iraq legally and must be residing in Iraq when submitting an application for naturalization, with the exception of those born and residing in Iraq and those who obtained the Iraqi Civil Status Book but have not yet obtained a citizenship certificate.
Third: The person must have a good reputation, not convicted of a felony or a crime against honor.
Is it acceptable to naturalize a non-Iraqi who is married to an Iraqi woman?
Yes, the minister may accept the naturalization of a non-Iraqi married to an Iraqi woman if he fulfills the above-mentioned conditions, provided that the period of residence is not less than five years, and the marital bond remains.
Does a person have to take an oath when acquiring Iraqi citizenship?
When a non-Iraqi is granted Iraqi citizenship, they must take the oath of loyalty to Iraq before the competent director of nationality within ninety days from the date of his notification.
The oath is as follows:
"I swear by God to preserve Iraq and its sovereignty, to abide by the conditions of good citizenship, and to abide by the provisions of the Constitution and the laws in force, and God is a witness to what I say."
What rights will a non-Iraqi national who has obtained Iraqi citizenship have?
First: A non-Iraqi who obtains an Iraqi citizenship enjoys all the rights that an Iraqi person enjoys unless there are rights that have been excluded by a special law.
Second: A non-Iraqi who obtains Iraqi citizenship by naturalization, may not be a minister and a member of a parliament before ten years have passed since acquiring the Iraqi citizenship.
Third: A non-Iraqi who obtains an Iraqi citizenship may not occupy the position of Prime Minister and Deputy Prime Minister.
Can the Iraqi man recover his citizenship if he gave it up?
An Iraqi can recover the Iraqi nationality if he submits a request to restore Iraqi nationality, but he must return legally to Iraq and must have resided there for not less than one year. He will be considered as having an acquired Iraqi nationality after the specified period has passed.
Can the Iraqi woman recover her Iraqi citizenship if she gives it up?
Yes, an Iraqi woman has the right to recover her nationality under the following conditions:
First: If her non-Iraqi husband is granted Iraqi nationality, or if she marries a person who holds an Iraqi nationality, her nationality will return to her from the date of submitting the naturalization application to the Minister.
What are the conditions under which a non-Iraqi married to an Iraqi can acquire the Iraqi citizenship?
First: Submit an application to the Minister requesting the acquisition of the Iraqi nationality.
Second: Five years have passed since her marriage and residence in Iraq.
Third: The marriage lasts until the date of submitting the application.
Do the children of a person who has acquired the Iraqi citizenship have the right to acquire it too?
Yes, his or her children who are under 18 will become Iraqis, provided that they reside with him in Iraq.
Can an Iraqi recover his citizenship if it was revoked?
Every Iraqi person whose Iraqi nationality has been revoked for political, racial, or sectarian reasons may recover it by submitting an application to do so.
in the event of his death, his children who lost the Iraqi nationality have the right to recover it if they submit a request to recover the Iraqi nationality.
What are the cases in which Iraqi citizenship is withdrawn from a non-Iraqi?
The Minister has the right to withdraw Iraqi citizenship from a non-Iraqi if he proves that he has committed or attempted to do something considered a threat to the security and safety of the state, or if he provided false information about himself or his family when submitting an application for naturalization.