Law No. (6) of 1990

Concerning

Yemeni Nationality

 

 

 

Section one: Citation and Definitions

 

Section Two: Reasons of Acquisition of Nationality

 

Section Three: Withdrawal of Nationality

 

Section Four: General Provisions

 

 

IN THE NAME OF THE PEOPLE,

CHAIRMAN OF THE PRESIDENTIAL COUNCIL,    

 

               -AFTER having perused the Agreement on the Declaration of the Republic of Yemen,

               -AND Law No. (7) of 1990 concerning passports,

               -AND the Constitution of the Republic of Yemen,

               -AND following consent of the council of Deputies and the Presidential Council,  

 

               We have promulgated the law whose text follows:

 

 

 

Section one

Citation and Definitions

 

 

Article (1): 

   (a) This law shall be cited as the Yemeni Nationality Law.

(b) The following words and expressions shall have those meanings assigned to each of them, unless the context should indicate to the contrary there of: 

               1- Yemeni: The person who enjoys Yemeni nationality.

               2- Foreigner: The person who does not enjoy the said nationality.

               3- Adulthood: A full eighteen years according to the Gregorian calendar.

               4- Minister: The Minister of the Interior.

               5- Yemeni nationality: Nationality of the Republic of Yemen. 

 

 

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Section Two

Reasons of Acquisition of Nationality

Sub -section one

Nationality by birth or Original Nationality

 

 

 

Article (2):           

            The Yemenis are:

Inhabitants of the Yemen over whose normal domicile fifty Gregorian years at least have passed upon this law corning into force, and the domicile of the originals shall be deemed complementing that of the branches and the spouse whenever they have the intent of being such inhabitants.   

 

Article (3):

            Yemeni nationality shall be enjoyed by:

            (a) Whoever is born to a father enjoying this nationality.

(b) Whoever is born in the Yemen of a mother who holds this nationality and a father whose nationality is unknown or who has no nationality.

(c) Whoever is born in the Yemen of a mother who holds this nationality and his kinship to his father has not been legally established.

  (d) Whoever is born in the Yemen to un- known parents and the infant who is found in the Yemen shall be deemed to be born in the Yemen, unless proof to the contrary thereof is established.

(e) The emigrant who, when leaving the territory of the homeland, was enjoying Yemeni nationality and has not relinquished such nationality in accordance with the law and upon an explicit request from him, even though he may have acquired the nationality of the country in which he is domiciled and in accordance with its laws.

 

 

 

Sub-Section Two

Granting of Nationality

 

 

Article (4):

By Republican Decree and upon the submission of the Minister, Yemen nationality may be granted in the following cases:

a) Whosoever is born abroad of a mother who holds this nationality and a father of unknown nationality or who has no nationality, provided that he has made his ordinary domicile in the Yemen in a legitimate manner for a period of ten successive years at least before attaining the age of adulthood and his application choosing the Yemeni nationality has been submitted during one year from his attaining adulthood.

b) Whosoever is born in the Yemen to foreign parents, has domiciled there in until attaining the age of adulthood, is proficient in the Arabic language, of sound mind, not afflicted with a disablement rendering him a burden upon society, is of good character and conduct and has not been adjudged with a punishment for criminal offence or a penalty restricting libel1y in a crime violating public order and public morals, unless he has been rehabilitated, and provided that he submits an application to en- join Yemeni nationality within a year of attaining adulthood.

c) Whosoever is born in the Yemen to a foreign father also born in the Yemen.

d) Whosoever has rendered to the state or the Arab nation a great service.

e) Whosoever belongs to the Yemeni origin whenever he applies to obtain Yemeni nationality after five years elapse over his making the Yemen his domicile, provided that the grand father from the father's side domicile in the Yemen is established and he relinquishes being related to any other nationality when he is granted nationality.

 

 

Article (5):

By Republican Decree, upon the submission of the Minister, Yemeni nationality may be granted to the Arab or expatriate Muslim to whom the provisions of the preceding Article do not apply and that whenever the following conditions are met: 

                                                      1. Attainment of the age of adulthood.

                                                      2. His ordinary residence in the Yemen in a legitimate manner is for a period of ten successive years.

                                                      3. He is of good conduct and character and has not been adjudged with a penalty of a criminal nature or a liberty restricting penalty in a clime that violates public order or public morals, unless he has been rehabilitated.

                                                      4. He has a legitimate means of gaining his livelihood.

                                                      5. He is proficient in the Arabic language.

                                                      6. He is of a competence needed by the country, and in such case, he can be exempted from the condition of being proficient in the Arabic language. 

 

 

Article (6):

The period provided for in item (2) of the preceding Article may be reduced to five successive years in respect of the foreigner who obtains permission from the Minister to inhabit the Yemen for the purposes of pressing nationality needs, and his actual domicile for this period in the Yemen after the permission shall be a condition thereof. He must submit an application within three successive months after the elapse of the said period. If the person so permitted dies before being granted the nationality, it shall be permissible for his wife and minor children who were with him at the time of issue of the permission until the time of his death, to benefit from domicile and from the period which the demised has resided in the Yemen.   

 

 

Article (7):

By Republican Decree and upon the submission of the Minister it shall be permissible to determine the numbers allowed to be nominated to hold the Yemeni nationality annually.   

 

 

Article (8):

By resolution of the Minister a committee shall be formed whose task shall be the nomination of those whom it considers should be granted nationalization certificates within the limits that are permitted each year.  

 

 

Article (9):

The wife of the naturalized shall not acquire Yemeni nationality by way of subjugation to her husband, unless she should apply for that, publishes her application in one of the local newspapers, the marital status continues for a period of four years from the date of such application and the Minister does not object within the said period. As for the minor children of the said naturalized person they shall acquire Yemeni nationality by way of affiliation to their father if their ordinary domicile with their father in the Yemen is established and they may choose their original nationalities within a year after their attaining the age of adulthood, provided that they refund what the state may have expended upon them for their upbringing and education.

 

 

 

Sub -Section Three

            Mixed Marriages   

 

 

Article (10): 

The Yemeni woman who marries a Muslim foreigner retains the Yemeni nationality, unless she should desire to relinquish her nationality and establishes this desire upon marriage or during the continuity of the marriage and the law of the country of her husband enjoins her in his nationality. If the marriage contract of such woman is legally void she shall continue to retain her Yemeni nationality.  

 

 

Article (11): 

             The foreign woman who legally marries a Yemeni is enjoined in his nationality whenever the following conditions are met:

                   (a) Submits an application therefore to the Minister. 

                   (b) Elapse of four years at least over the date of the marriage.

                   (c) That the Minister by a causal decision during the said four years does not object to her enjoining the Yemeni

                        nationality. The husband shall have the right to object in this respect to the Minister within the same period.

 

 

Article (12):

The Yemeni's naturalization with a foreign nationality, when that is permitted to him, shall not entail his Yemeni wife losing her Yemeni nationality, except if she declares her desire to acquire her husband's new nationality. As for the minor children they do not lose the Yemeni nationality if they are incorporated in their father's new nationality by way of lineage.   

 

 

Article (13): 

The woman who has acquired Yemeni nationality by way of affiliation to her husband in accordance with Article (11) of this law shall not lose this nationality merely due to the termination of the marital relationship, provided that such marital relationship should have continued for at least four years since her acquiring the Yemeni nationality.

 

 

 

Sub -section four 

Resumption and return of nationality   

 

 

Article (14):

The Yemeni woman who has lost Yemeni nationality in accordance with the provisions of Articles 11 and 12 of this law, may regain this nationality upon the termination of the marriage, if she requests such resumption.   

 

Article (15):

The Yemeni who has taken a foreign nationality by way of naturalization and had relinquished his original nationality, may regain the Yemeni nationality if he requests that in writing.   

 

 

Article (16):

It is permissible by a Republican Decree upon the submission of the Minister to return the Yemeni nationality to the person from whom it has been withdrawn in accordance with the provisions of Articles 18, 19 and 21 of this law.

 

 

 

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Section Three

Withdrawal of Nationality 

 

 

Article (17):

In accordance with the Constitution the Yemeni nationality may not absolutely be dropped from a Yemeni, but it may be withdrawn from whosoever has acquired it in accordance with the provisions shown in this law.   

 

Article (18):

By Republican Decree and upon the submission of the Minister, Yemeni, nationality may be withdrawn from whosoever has acquired it and that during the five years successive to such acquisition and that when one of the following circumstances exists:

(a) If he has been adjudged with a criminal order and public morals and has not been rehabilitated.

(b) If his don1icile in the Yemen has been terminated for two successive years and such termination was without an excuse acceptable to the Minister.

(c) If the acquisition of the Yemen nationality was on the basis of incorrect statements or events, and in such case withdrawal of the said nationality shall be at any time this is established.

(d) If the competent quarters have obtained evidence of his undertaking the promotion of principles that entail the destruction of the political, economic or social system in the country or his affiliation to a foreign Political body or his undertaking the attempt to carry out an act that is considered to constitute a danger to the security of the state and the safety of the homeland.

(e) If he gains a foreign nationality without obtaining the permission provided for in Article (22) of this law.   

 

 

Article (19): 

By Republican Decree upon the submission of the Minister nationality may be withdrawn from whosoever has acquired it if one of the following reasons exists:

(a)    If he accepts to enter the military ser vice of one of the foreign states with- our prior permission from the competent Yemeni quarters.

(b) If he works in the interests of a foreign state or government which is in a state of war with the Yemen, or political relations with it have been terminated.

(c) If he accepts work abroad ( a post ) with a foreign government or international or foreign body and remains in such post despite the order issued to him by the Yemeni government to leave it.

(d) If a final judgment is issued convicting him of crimes that pertain to loyalty to the country or contain the commission of treason against it.   

 

 

Article (20): 

The provisions of the preceding two Articles shall not apply to whosoever enjoys Yemeni nationality on the basis of the provisions of Articles 2, 3, 14 and 15 of this law.   

 

 

Article (21): 

Withdrawal of Yemeni nationality from whosoever has acquired it entails the termination of such nationality from such a person alone, unless the termination should provide also for those who have, acquired it along with him by way of lineage.

 

 

 

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Section Four

General Provisions   

 

 

Article (22): 

With due regard for the cases where a Yemeni enters a foreign nationality by way of lineage in accordance with the provisions of this law, it shall not. be permissible for the holder of Yemeni nationality to acquire a foreign nationality by naturalization, without first obtaining permission therefore from the Minister. If The Yemeni should acquire a foreign nationality in violation of the provisions of the preceding paragraph, he shall continue to be dealt with on the basis that he still holds Yemeni nationality from all aspects.   

 

 

Article (23): 

The Muslim foreigner who has acquired Yemeni nationality in accordance with the provisions of Articles 4, 5, 6, 9 and 11 of this law shall not have the right to exercise the political rights determined for Yemenis before the elapse of fifteen years over the date of his acquisition of the said nationality. He also may not be elected or appointed to any representative body before the elapse of the said period over the said date.

   

 

Article (24): 

All the rulings that issued pertaining to nationality shall be considered a claim upon all and their texts shall be published in the official Gazette.    

 

 

Article (25): 

All international conventions and agreements that have been concluded between the Yemen and foreign states as regards nationality matters shall be acted upon after their ratification by the Council of Deputies.   

 

 

Article (26): 

All decisions pertaining to the acquisition of Yemeni nationality, its withdrawal or resumption on the basis of the provisions of this law shall be effective from the date of their issue, unless the law should provide for other than that and must be published in the Official Gazette within fifteen days from the date of their issue. This shall not prejudice the rights of good intentions on the part of others.    

 

 

Article (27): 

The burden of proof sha1l lie with the one who claims to be enjoined by Yemeni nationality or contends that he is not so enjoined.    

 

 

Article (28)

Marital status shall not entail any effect upon the acquisition or loss of nationality, unless the marital status is established in legal document issued by the competent quarter.   

 

 

Article (29):

The admissions, declarations of choice, papers and the applications provided for in this law must be submitted to the Minister and that by delivery against a receipt to the competent employee at the passports and Nationality Authority in the governorate which encompasses the domicile of the person concerned and abroad it shall be submitted to the political or consular representatives. By resolution of the Minister any other employee may be permitted to receive such admissions, announcements, papers and documents. 

 

Article (30): 

The Minister shall give to whosoever acquires Yemeni nationality a Yemeni nationality certificate against a fee that is determined by a resolution issued by the Minister. This certificate shall have its legal eligibility, unless it is revoked by a causal decision of the Minister. The refrainment by the Minister to grant, it on the appointed time shall be deemed a rejection of the application. By resolution of the Minister there shall be formed committees to establish the Yemeni nationality of those concerned and such committees may, in the performance of its tasks, enlist all methods of proof.   

 

Article (31): 

The judiciary shall undertake to consider the nationality disputes ensuing from the application of the provisions of this law.

 

Article (32): 

Without prejudice to any sterner penalty provided for in other laws, whosoever makes before the competent authorities false statements with the intent of establishing nationality for himself or for others, or with the purpose of its nullification from himself or from others or submitted incorrect papers with his knowledge thereof, shall be punished with imprisonment for a period that is not less than one year and not more than two years, or with a fine that does not exceed twenty thousand riyals.

   

 

Article (33):

The Minister shall issue the organizational resolutions and regulations and the Executive Regulations necessary for the implementation of this law and that in a manner that. is not. Inconsistent with the provisions contained therein.

 

Article (34):

This law shall come into force from the date of its promulgation and shall be published in the Official Gazette.

 

 

 

 

 

 

Issued at the Presidency of the Republic, Sana'a on Safar 5, 1411. AH

Corresponding to August 26, 1990 AD

Lieutenant General

Ali Abdulla Saleh Chairman of the Presidential Council

 

 

 

 

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