Introduction
Nationality by birth is a crucial aspect of the legal framework governing citizenship in the United Arab Emirates (UAE). For many families living in the UAE, understanding how nationality is conferred on children is essential, especially in a country with a large expatriate population. While the UAE has clear provisions for granting nationality to children of Emirati fathers, the process is more complex for children born to Emirati mothers with foreign fathers. With recent legal reforms, the landscape has begun to shift, allowing more flexibility and inclusivity. In this guide, we will focus on the criteria for obtaining UAE passport by birth, examining the differences between children born to Emirati fathers and mothers, and the evolving legal trends shaping nationality laws today.
Eligibility Criteria – UAE Nationality
There are four routes to UAE passport: by birth, by descent, by marriage and naturalization. We will concentrate on the by birth mainly on this publication while briefly listing the other routes.
By Birth & Descent
Children born to a UAE citizen father or a UAE citizen mother (we will see the differences below) automatically or by process acquire UAE citizenship.
However, UAE nationality is not automatically granted to children born in the UAE to foreign parents. This is an important distinction, as many expatriate families living in the UAE assume their children are entitled to citizenship due to their birthplace, but this is not the case.
When addressing nationality by birth it is important to set up the differences faced by children of Emirati fathers vs Emirati mothers:
Differences Between Children Born from an Emirati Father or Mother
Children Born to an Emirati Father
Under UAE law, children born to an Emirati father automatically acquire UAE nationality, regardless of where the child is born or the nationality of the mother. This is in line with the principle of jus sanguinis, which means nationality is passed through the bloodline.
Key Points:
- Automatic Citizenship: The child is automatically considered a UAE national from birth.
- Applicable to Foreign Mothers: Even if the child's mother is a foreign national, the child will still receive UAE citizenship through the father.
- No Residency Requirement: The child's place of birth (whether inside or outside the UAE) does not affect their right to UAE passport.
This reflects the traditional patriarchal structure in UAE nationality law, where the father's status determines the child's legal rights.
Children Born to an Emirati Mother
In contrast, children born to an Emirati mother and a foreign father do not automatically acquire UAE citizenship. Historically, UAE nationality law was primarily patrilineal, which meant that nationality was usually passed through the father. However, in recent years, the UAE has made amendments that allow children of Emirati mothers to apply for UAE nationality under certain conditions.
Key Points:
- No Automatic Citizenship: Unlike children born to Emirati fathers, these children do not automatically receive UAE nationality at birth.
- Application for Nationality: Children of Emirati mothers and foreign fathers may apply for UAE citizenship, but the process is not immediate, and it is subject to approval by the UAE government.
- Conditions for Eligibility: The law has been updated to allow these children to apply for nationality, provided that the father is stateless or the child is born in the UAE and the mother can prove that the child's upbringing will be in line with UAE cultural values.
- Recent Reforms: In recent years, UAE authorities have been more flexible with granting nationality to children of Emirati mothers, particularly in cases where the children have lived in the UAE for an extended period, show integration into Emirati society, and contribute to the country's development.
Why This Distinction?
The difference in treatment between children born to Emirati fathers and mothers stems from traditional interpretations of nationality in the UAE, where the father is generally seen as the head of the family and responsible for passing on citizenship. This approach is common in many Gulf Cooperation Council (GCC) countries. Historically, it was believed that allowing children to automatically acquire nationality through an Emirati mother might create complications in cases where the father was a foreign national with potentially conflicting loyalties.
Changes and Evolving Trends
There has been growing recognition within the UAE of the need for gender equality in nationality laws. In response, legal reforms have made it easier for children of Emirati mothers and foreign fathers to gain UAE nationality, though the process still requires application and approval by the government, and it is not guaranteed in the same way as for children of Emirati fathers.
Special Cases
There are specific situations where nationality laws may be more flexible:
- Unknown or Stateless Fathers: Children born to an Emirati mother and a father who is unknown or stateless are eligible for UAE nationality, as the mother's nationality takes precedence in such cases.
- Exceptional Contributions: In rare cases, children of Emirati mothers who have made exceptional contributions to the UAE or have displayed strong integration into UAE society may have their nationality applications fast-tracked.
By Marriage
Foreign women married to UAE national men are eligible to apply for citizenship, provided they remain married for at least seven years (it varies if couple has no children) and meet specific legal requirements. However, foreign men married to UAE national women do not enjoy the same privilege, though their children may be eligible for nationality through the mother.
In brief to the specific requirements, these are, good conduct and reputation, continuous residency and it may further imply renunciation of previous nationality.
By Naturalization
Foreign nationals who have legally resided in the UAE for an extended period may apply for citizenship through naturalization, though this route is highly restrictive. The eligibility criteria typically include:
- A minimum residency period, which can range from 20 to 30 years for expats.
- Fluency in Arabic.
- A clean criminal record.
- Proof of good standing and integration into the UAE society. Naturalization is not a common path, and applications are usually evaluated on a case-by-case basis by the authorities, often taking into consideration the applicant's contributions to the UAE society and economy.
Recent Legal Reforms
Recently the UAE has introduced significant changes to its nationality laws, allowing investors, professionals, and individuals with specialized skills to become UAE citizens. This move reflects the country's vision to attract global talent and strengthen its position as an international hub for innovation and investment.
Conclusion to UAE Nationality
The path by birth reflects the country's careful balance between tradition and modernity. While children of Emirati fathers automatically receive citizenship, children of Emirati mothers with foreign fathers face a more nuanced process. Yet, with ongoing reforms, the UAE is gradually expanding its approach to nationality, promoting greater inclusivity while maintaining its foundational principles. For families navigating the complexities of UAE nationality by birth, understanding these distinctions is key. Ultimately, acquiring UAE citizenship at birth offers not just legal rights, but also a sense of belonging and identity in one of the world's most forward-looking nations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
