Kuwait: Whether a man who is 21 years of age or older, born in Kuwait to a Kuwaiti mother and a father of another nationality, will automatically be issued temporary or permanent residence rights in Kuwait; documentation required by authorities to issue residence rights; information on rights given to residents (2014- January 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Residence Rights, Renewal and Retention of Residency Status

1.1 Residence rights

Sources indicate that a man who is 21 years of age or older, born in Kuwait to a Kuwaiti mother and a father of another nationality, does not automatically have residence rights in Kuwait (Professor 6 Jan. 2016; Kuwait 5 Jan. 2016; Attorney 4 Jan. 2016). In correspondence with the Research Directorate, an attorney in Kuwait City specified that the individual would have to apply for a residence permit (ibid.). In correspondence with the Research Directorate, a representative of the Kuwait Society for Human Rights (KSHR), "a non-governmental body aimed at protecting and promoting human rights in Kuwait in accordance with international standards" (Human Rights Connected n.d.), reported that sons of non-national fathers are required to apply for residence at the age of 21 (KSHR 7 Jan. 2016).

Without providing further information, in a telephone interview with the Research Directorate, an official at the Embassy of Kuwait in Ottawa reported that decisions on residency are made on a case by case basis and depend "on the situation of the person requesting residence" (Kuwait 5 Jan. 2016), including, among other things, the nationality of the applicant's father (ibid. 11 Jan. 2016). In correspondence with the Research Directorate, a professor of private international law at Kuwait University, who is also a lawyer specializing in immigration law, among other fields, indicated that residence status would usually be granted to a person with a Kuwaiti mother and non-Kuwaiti father but in some cases, could be refused (Professor 6 Jan. 2016). Similarly, the attorney noted that in his opinion, if an individual has a Kuwaiti mother and no prior criminal record, no administrative black listing nor a re-entry block, "his application for a Kuwaiti residency has a fair chance to be accepted" (Attorney 11 Jan. 2015).

Sources indicate that a man who is 21 years of age or older and seeking residency can be sponsored by his Kuwaiti mother (KHSR 7 Jan. 2015; Professor 6 Jan. 2016). According to the US Department of State Country Reports on Human Rights Practices for 2014, "[f]emale citizens may sponsor their nonnational children (regardless of age) and husbands for residency permits" (US 25 Jun. 2015, 17). The official at the Embassy of Kuwait in Ottawa stated that in such cases, residency applications must be submitted to the Kuwaiti Ministry of Interior by the applicant's Kuwaiti mother (Kuwait 11 Jan. 2016). According to the attorney, the application must be signed by both the applicant and his mother (as a sponsor) and submitted to the Ministry of Interior (Attorney 11 Jan. 2016).

1.2 Renewing and Retaining Residency Status

Sources indicate that there is no permanent residence status in Kuwait (KSHR 7 Jan. 2016; Kuwait 5 Jan. 2016). According to the official at the Embassy of Kuwait in Ottawa, residency status is usually granted for a period of one year and is not automatically renewed after the expiry date (Kuwait 5 Jan. 2016). Similarly, the KSHR representative explained that, in order to stay permanently in Kuwait, a resident whose mother is a Kuwaiti citizen must renew his residence status "every year (or every two [to] three years)" (KSHR 7 Jan. 2016). According to the Professor, the resident can stay permanently in Kuwait if his "security documents" are renewed every year (Professor 6 Jan. 2016). The same source specified that security documents are documents "issued by the Central Committee (an independent government entity) as a proof of identity for non-nationals" (ibid. 14 Jan. 2016). Sources indicate that residents of Kuwait will lose their residence status if they leave the country for more than six months (Professor 6 Jan. 2016, Kuwait 5 Jan. 2016), unless they obtain permission from the Ministry of Interior (Professor 6 Jan. 2016).

1.3 Documents Required by Kuwaiti Authorities When Applying for Residency

Information on documents required by Kuwaiti authorities to grant residence to a man who is 21 years of age or older, born in Kuwait to a Kuwaiti mother and a father of another nationality, was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to sources, applicants require a passport to apply for residence (Kuwait 5 Jan. 2016; Professor 6 Jan. 2016; Attorney 4 Jan. 2016). The Professor indicated that the applicant's passport must be valid for at least one year (Professor 6 Jan. 2016). The same source reported that if the applicant does not have a passport, he can use his "security documents" in his application (ibid.). According to the attorney, in order to obtain residence rights in Kuwait, a male over 21 years of age with a Kuwaiti mother and non-Kuwaiti father "has to apply for a residency permit, using his documents in hand, irrespective of what these documents may be, usually a one year valid passport, and wait for the uncertain result" (Attorney 6 Jan. 2016). Sources further specify that a birth certificate or an expired passport would not be sufficient to apply for a residence permit in Kuwait (Professor 6 Jan. 2016; Kuwait 5 Jan. 2016). According to the Professor, the nationality documents of the applicant's mother are also required (Professor 6 Jan. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The official at the Embassy of Kuwait in Ottawa stated that applicants for residency must also go through a medical test in Kuwait and register their fingerprints (Kuwait 5 Jan. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Citizenship Rights for a Man Who is 21 Years of Age or Older, Born in Kuwait to a Kuwaiti Mother and a Father of Another Nationality

According to a June 2011 report published by Human Rights Watch, in 1980, an amendment to the Kuwaiti Nationality Law removed "a Kuwaiti woman's ability to transmit her citizenship to her children" (Human Rights Watch 2011, 13). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Kuwaiti Nationality Law,

Article 2

Any person born in, or outside, Kuwait whose father is a Kuwaiti national shall be a Kuwaiti national himself.

Article 3

…

Kuwaiti nationality may be granted by Decree upon the recommendation of the Minister of the Interior to any person [upon his attaining his majority who was] born in, or outside, Kuwait to a Kuwaiti mother whose father is unknown or whose kinship to his father has not been legally established. (Kuwait 1959)

3. Rights Given to Residents Born in Kuwait to a Kuwaiti Mother and a Father of Another Nationality

3.1 Healthcare

Sources stated that a resident whose mother is a Kuwaiti citizen has the right to go to public hospitals, where he or she will be treated like a Kuwaiti citizen (KSHR 7 Jan. 2016; Professor 6 Jan. 2016). According to the attorney, a resident must pay a 50 Kuwaiti Dinars [approximately C$232] yearly fee, which grants him or her "the [same] access to public health care as citizens" (Attorney 4 Jan. 2016). The same sources indicated that the yearly fee must be paid to the government by non-Kuwaitis only to enrol in the "foreigners' public medical insurance scheme" (ibid. 11 Jan. 2016).

Sources specified that residents do not receive social security benefits (Professor 6 Jan. 2016; Kuwait 5 Jan. 2016).

3.2 Housing

The official at the Embassy of Kuwait in Ottawa stated that a resident can rent but is not allowed to buy accommodation (ibid.). However, the KSHR representative said that, if a resident's mother is a Kuwaiti citizen, the individual has "the right to buy a house" (KSHR 6 Jan. 2016). According to the Professor, a resident can rent and own accommodations under certain conditions, authorizations in this respect being granted "on a case by case basis" (Professor 6 Jan. 2016). The attorney explained that a resident whose mother is a Kuwaiti citizen cannot buy a house under his own name, "without a ministerial decree [granted in] very rare cases and depending on many difficult conditions" (Attorney 4 Jan. 2016). The same source indicated that a resident can buy a house under his or her mother's name (ibid.).

According to the KSHR representative, a resident cannot inherit his Kuwaiti mother's real estate (KSHR 6 Jan. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources state that residents do not have access to the government housing system (KSHR 7 Jan. 2016; Attorney 6 Jan. 2016; Professor 6 Jan.2016), whereby Kuwaiti citizens are entitled to a house or land for free "under certain conditions" (ibid.). According to The National, an English-language daily newspaper printed in Abu Dhabi, "every married Kuwaiti couple is entitled to a house or apartment, or land and a loan to build or buy one" (The National 19 Nov. 2013).

3.3 Education

According to the official at the Embassy of Kuwait in Ottawa, residents do not have access to public schools or universities in Kuwait; they can only attend private institutions (Kuwait 5 Jan. 2016). However, other sources indicated that a resident has the right to go to public schools and universities, if their mother is a Kuwaiti citizen (KSHR 7 Jan. 2016; Professor 6 Jan. 2016). The attorney explained that "as a general rule," a resident whose mother is a Kuwaiti citizen does not have automatic access to public schools or universities but that "some exceptions may exist" (Attorney 6 Jan. 2016) if for example, their mother is a teacher in a public school, their father works for the government, or the resident has "extremely good grades" (ibid. 11 Jan. 2016). According to the KSHR representative, contrary to rights held by Kuwaiti citizens, a resident whose mother is a Kuwaiti citizen cannot receive a grant for his post-secondary studies (KSHR 7 Jan. 2016).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Attorney, Kuwait City. 11 January 2016. Correspondence with the Research Directorate.

Attorney, Kuwait City. 6 January 2016. Correspondence with the Research Directorate.

Attorney, Kuwait City. 4 January 2016. Correspondence with the Research Directorate.

Human Rights Connected. N.d. "Kuwait Society for Human Rights." [Accessed 8 Jan. 2016]

Human Rights Watch. June 2011. Prisoners of the Past: Kuwaiti Bidun and the Burden of Statelessness. [Accessed 5 Jan. 2016]

Kuwait. 5 January 2016. Embassy of Kuwait in Ottawa. Telephone interview with an official.

Kuwait. 11 January 2016. Embassy of Kuwait in Ottawa. Telephone interview with an official.

Kuwait. 1959 (amended 1987). Nationality Law, 1959. [Accessed 29 Dec. 2015]

Kuwait Society for Human Rights (KSHR). 7 January 2016. Correspondence from a representative to the Research Directorate.

Kuwait Society for Human Rights (KSHR). 6 January 2016. Correspondence from a representative to the Research Directorate.

The National. 19 November 2013. "Kuwaitis Forced to Wait for Housing." [Accessed 8 Jan. 2016]

Professor of private international law, Kuwait University. 14 January 2016. Correspondence to the Research Directorate.

Professor of private international law, Kuwait University. 6 January 2016. Telephone interview.

United States (US). 25 June 2015. Department of State. "Kuwait." Country Reports on Human Rights Practices for 2014. [Accessed 5 Jan. 2016]

Additional Sources Consulted

Oral sources: Canada - Embassy in Kuwait City; International Islamic Charitable Organization; Kuwait - Embassies in Berlin, Brussels, London, Paris and Washington DC; Kuwait Society for Human Rights; Professor of Demography at the Kuwait University.

Internet sites, including: Al Arabiya News; Al-Fanar Media; Al-Monitor; Amnesty International; Freedom House; Kuwait - Public Authority for Housing Welfare; Kuwait Credit Bank; Kuwait University; London School of Economics Middle East Centre; Organization of Economic Cooperation and Development; Refworld.