IFU, Alm.del - 2015-16 - Endeligt svar på spørgsmål 37: MFU spm. om, hvilke krav der skal være opfyldt for at opnå statsborgerskab i konkrete lande, til udlændinge-, integrations- og boligministeren

Indfødsretsudvalget 2015-16
IFU Alm.del
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Omani Nationality Act

Chapter One

Definitions and General Provisions

Article 1

In applying the provisions of this Act, the following words and phrases, the

meaning set out opposite each of them, unless the context specifically

requires otherwise, the following words and terms shall have the meanings

designated for each of them:

Ministry:

The Ministry of the Interior

Minister:

Minister of Interior

Foreign:

Everyone not Omani

Adulthood:

The completion of eighteen years of age

Minor:

Each person who has not attained the age of majority

Regulation:

Implementing the by-law of this Act

Article 2

Periods stipulated in this Act are in Georgian calendar.

Article 3

Application for obtaining nationality shall be submitted to the ministry, the

ministry shall study the application and come to a decision in accordance

with the procedures and regulations specified in the regulation, and the

Ministry may reject any application without giving any reasons.

Article 4

The courts do not have jurisdiction in nationality matters and disputes

related thereto.

Article 5

Omani nationality and any other nationality may not be combined except by

royal decree.

IFU, Alm.del - 2015-16 - Endeligt svar på spørgsmål 37: MFU spm. om, hvilke krav der skal være opfyldt for at opnå statsborgerskab i konkrete lande, til udlændinge-, integrations- og boligministeren

Article 6

Omani citizen may not be allowed to waive the Omani nationality to acquire

another nationality, only after making sure of fulfilling his duties and

obligations towards the Sultanate.

Waiver of Omani nationality shall not result in losing minor children of

Omani nationality according to their father, but at his request, and was

accorded under the Act of nationality.

Article 7

A Royal Decree shall be issued to grant, waive, refund, withdrawn, or drop

Omani nationalization upon the recommendation of the minister.

Article 8

An exception may be allowed under a royal decree granting or restitution of

the Omani nationality without being bound by the terms and requirements

set forth in this Act.

Article 9

For those who granted or received Omani nationality in accordance with

the provisions of this Act, may their exercise civil rights in accordance with

applicable Acts and regulations from the date of Royal Decree granting the

Omani nationality or restitute it.

Article 10

The regulation shall determine the applications, documents and certificates

relating to nationality issues and requirements and procedures, also

determine the fees payable upon approval of the Ministry of Finance.

Chapter II

Original nationality and its restitution

Article 11

Any person shall be regarded Omani national by descent, if:

1. Was born in or outside Oman from Omani father.

2. Was born in or outside Oman from Omani mother and his father was

Omani and has become stateless.

3. Was born in or outside Oman from a foreign mother, and his father

was Omani by descent and became stateless, provided that the

marriage of his parents have been prior the approval of the ministry.

4. Was born in or outside Oman from Omani mother, and did not prove

lineage legally to a father.

5. Was born in Oman from unknown parents.

Article 12

Subject to the provisions of Article 6 of this Act, for the Omani by descent

who waive his nationality, and acquired another nationality, and he

requested to restitute his Omani nationality, should he meets the following

requirements:

1. He has made Oman, his usual place of residence or had returned to

Oman, and acknowledged in writing his intention to settle down.

2. Shall be of good conduct.

3. Should not have been convicted by a felony involving moral turpitude

or a crime or dishonesty, unless he has been rehabilitated.

4. He should be free of infectious diseases.

5. Shall acknowledge in writing his intention to waive the nationality of

the State he holds, and provides a proof that its law authorizes him

so.

Minors shall restore their Omani citizenship depending on their father,

provided that the nationality law of the State they holds authorizes them to

waive it.

Article 13

The son who lost his Omani nationality depending on father waive of his

nationality, he may request restoring it in accordance with the following

requirements:

1. Shall submit the application within the next five years of his

adulthood.

2. Shall meets the requirements set forth in Article 12 of this Act.

Chapter III

Granting of nationality

Article 14

Omani nationality shall be granted once only, in accordance with the

provisions of this Act.

Article 15

An alien may apply for Omani nationality if he meets the following

requirements:

1. He has regarded Oman, his usual place of residence legally for at

least twenty years consecutively or fifteen years if he is married to

Omani wife provided that her marriage taken place prior to the

approval of the ministry, and he has a son from her, it does not

preclude the consideration of consecutive residency sustained his

absence during one year a period not more than 60 days.

2. Must be conversant in Arabic reading and writing.

3. Shall be of good conduct.

4. Should not have been convicted by a felony or a crime connected

with honor and honesty, even if rehabilitated.

5. Must be physically fit and free from infectious diseases as determined

by the regulations.

6. Have a legitimate source of livelihood which generates enough

income to meet his needs and the needs of his dependents.

7. Acknowledges in writing of his intention to waive the nationality of the

State he holds, and provide a proof that its law authorizes him so.

Minor children acquire the Omani nationality depending on their father if

they are born in Oman; or their regular residence in Oman.

Article 16

The alien wife of Omani may apply for Omani nationality if she meets the

following requirements:

1. Her marriage prior an approval from the Ministry, this requirement

does not apply for whom she got married before her husband

obtained the Omani nationality.

2. She must have a child from her Omani husband.

3. She must be married to her Omani husband and her legal

consecutive residence with him in Oman not less than 10 years, it

does not preclude the consideration of consecutive residency

sustained his absence during one year a period not more than 60

days.

4. Must be conversant in Arabic speaking.

5. Shall be of good conduct.

6. Should not have been convicted by a felony or a crime connected

with honor and honesty, even if rehabilitated.

7. Acknowledges in writing of her intention to waive the nationality of the

State she holds, and provide a proof that its law authorizes her so.

Article 17

The alien wife of Omani national, widowed or divorced from him, may apply

for Omani nationality, if she meets the following conditions:

1. Her marriage prior an approval from the Ministry, this requirement

does not apply for whom she got married before her husband

obtained the Omani nationality.

2. She must have a child from her Omani husband.

3. She resides legitimately and consecutively in Oman for a period of

not less than 15 years, it does not preclude the consideration of

residence sustained his consecutive residency during one year a

period not more than 60 days.

4. She must not be married to a foreigner.

5. Must be conversant in Arabic speaking.

6. Shall be of good conduct.

7. Should not have been convicted by a felony or a crime connected

with honor and honesty, even if rehabilitated.

8. Must be physically fit and free from infectious diseases as determined

by the regulation.

9. Acknowledges in writing of her intention to waive the nationality of the

State she holds, and provide a proof that its law authorizes her so.

Article 18

Omani nationality may be granted to a minor son of Omani women from her

alien husband if the following requirements are fulfilled, if:

1. His mother shall be widowed, divorcee, or abandoned by her

husband for an unknown destination for a period not less than 10

consecutive years, and the absence or desertion approved by a court

judgment.

2. His parents' marriage prior approval from the ministry, this

requirement does not apply to those who got married before obtaining

the Omani nationality.

3. His custody for his mother by virtue of a court ruling.

4. He should have resided legitimately and consecutively in Oman for a

period not less than 10 years, it does not preclude the consideration

of consecutive residency sustained his absence during one year a

period not more than 60 days.

5. Shall be of good conduct.

6. Should not have been convicted by a felony or a crime connected

with honor and honesty, even if rehabilitated.

7. Consent of the guardian of the minor – if any - no objection in writing

for his receiving Omani nationality.

8. Minor shall submit a proof that the law of the State of which he holds

its nationality authorities him to waive it.

Chapter IV

Loss, withdraw and nullify of nationality

Article 19

Omani loses his nationality by virtue of the law if he acquired another

nationality, in violation of the provisions of this Act.

Article 20

Omani nationality dropped from Omani by descent if proved that:

1. He belongs to a group, party or organization embracing believes or

principles detrimental to the interests of Oman.

2. Working for a foreign country in any capacity, whether his work inside

or outside Oman, and did not meet the request of Oman to leave this

work during the specified term.

3. Works for a hostile State which acts against the interest of the State

of Oman.

Omani nationality may be restored to those which have been dropped from

them if the causes of dropping are ceased.

Article 21

Omani nationality withdrawn from all whom granted to them if it's proved

that:

1. If any of the cases stipulated in Article 20 of this Act became

available.

2. Acquired the Omani nationality by illegal means, this applies to all

who acquired it depending on him.

3. Sentenced in one of crimes against the state security.

4. Sentenced in more than one felony during the next five years from

obtaining the Omani nationality.

5. Resided outside Oman over the next ten years from obtaining the

Omani nationality for more than six continuous months without

justification or permission to do so, according to the procedures

specified in the regulation.

Chapter V

Punishments

Article 22

Without prejudice to any severe penalty stipulated by another Act, shall be

punished by imprisonment for a term not less than one year and not more

than 3 years, and a fine of not less than 5,000 Omani Riyal, and not more

than 10,000 Omani Riyal, or either of the punishments, everyone who

disclose in front of the authorities false information, or submit incorrect

documents in order to obtain the Omani nationality for himself or others or

denying it from himself or from others.