Kuwaiti Nationality Law — Acquisition, Revocation & Naturalization

Legislative Framework

Amiri Decree No. 15 of 1959 is the primary framework for Kuwaiti nationality, amended several times — most significantly by Law No. 44 of 1994. It is complemented by Article 27 of the Constitution: "Kuwaiti nationality shall be defined by law."

The Supreme Nationality Committee — chaired by the Prime Minister — decides naturalization applications, while the Central Administration for Nationality and Passports Affairs handles implementation.

Original Nationality (By Foundation)

Article 1 defines original Kuwaitis as those settled in Kuwait before 1920 who maintained their residence until the law's issuance:

• Residents before 1920 who maintained ordinary residence
• Their male descendants (sons and grandsons)
• This nationality is original and may be revoked only by express provision

Foundation nationality grants full political rights (voting and candidacy), unlike naturalized nationality which faces temporal restrictions.

Acquisition by Birth and Descent

Kuwaiti law primarily follows jus sanguinis (right of blood) rather than jus soli (right of soil):

• Child of a Kuwaiti father: Automatically acquires Kuwaiti nationality by descent, whether born in Kuwait or abroad
• Child of a Kuwaiti mother and foreign father: Does not automatically acquire nationality — may be granted it by Amiri decree under special conditions
• Foundling: A child born in Kuwait of unknown nationality is considered Kuwaiti unless proved otherwise
• Child of unknown father: If the mother is Kuwaiti, the child acquires Kuwaiti nationality

Naturalization — Conditions and Procedures

Article 5 permits naturalization under strict conditions:

• Lawful and continuous residence in Kuwait for at least twenty years (reduced to fifteen for Arabs from Arab countries)
• A legitimate means of livelihood
• Good character with no conviction for a crime of moral turpitude
• Proficiency in Arabic
• Being Muslim by origin or having embraced Islam for at least five years

Naturalization is a discretionary grant, not an acquired right, issued by Amiri decree on the Interior Minister's recommendation with Supreme Committee approval.

Nationality Through Marriage

The law regulates marriage-related nationality acquisition:

• Foreign wife of a Kuwaiti: May be granted nationality after five years of marriage while the marriage subsists — not automatic
• Kuwaiti wife of a foreigner: Retains her Kuwaiti nationality and does not lose it by marriage
• Divorced or widowed: A woman who was Kuwaiti and acquired her foreign husband's nationality may recover Kuwaiti nationality after the marriage ends

Revocation and Loss

The law distinguishes between revocation and loss:

Revoking the principal's nationality results in revocation for those who derived nationality through them, unless excepted by decree.

Dual Nationality

Kuwaiti law does not permit dual nationality as a general rule:

• A Kuwaiti who acquires foreign nationality loses Kuwaiti nationality
• A foreigner naturalized as Kuwaiti must renounce their original nationality
• If dual nationality is discovered, Kuwaiti nationality is revoked

The only exception is where foreign nationality is imposed by operation of foreign law without the individual's application (such as jus soli in some countries).

Challenging Nationality Decisions

Nationality decisions are subject to administrative judicial review:

• Revocation decisions may be challenged before the Administrative Circuit of the Court of First Instance
• Administrative grievance may be required before judicial challenge in some cases
• The court reviews the decision's legality regarding cause, form, and jurisdiction
• Courts have held that nationality grant decisions are discretionary and subject to limited judicial review (abuse of discretion only)

Frequently Asked Questions

Do children of a Kuwaiti mother and foreign father get nationality?

Not automatically under current law. They may be granted nationality by Amiri decree under special conditions, and laws have been issued permitting this in specific cases.

What is the status of Bidoon (stateless persons)?

Bidoon are illegal residents who claim entitlement to Kuwaiti nationality. The State established the Central System for Remedying the Status of Illegal Residents to address this issue.

Does a Kuwaiti lose nationality upon acquiring foreign citizenship?

Yes, as a general rule, a Kuwaiti loses nationality upon voluntarily acquiring foreign citizenship, as Kuwaiti law does not permit dual nationality.