Law No. 26 of 1975 Concerning Egyptian Nationality
|Publisher||National Legislative Bodies|
|Author||Arab Republic of Egypt|
|Publication Date||29 May 1975|
|Citation / Document Symbol||Official Journal No. 22, 29 May 1975|
|Cite as||Law No. 26 of 1975 Concerning Egyptian Nationality , Official Journal No. 22, 29 May 1975, 29 May 1975, available at: http://www.refworld.org/docid/3ae6b4e218.html [accessed 28 July 2014]|
|Comments||This is an unofficial translation. The original text was published in the Official Journal No. 22 dated 29 May 1975.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In the name of the People,
The President of the Republic,
The People's Assembly approved the following law and it is promulgated by us:
Article 1: Are considered Egyptians:
FIRST: Those who have settled in Egypt since before November 5, 1914, and are not nationals of foreign countries, and have maintained their residence in Egypt until the present law comes into force. The ascendants' residence shall be considered as completing that of the desendants, and the residence of the husband as completing that of his wife.
SECOND: Those who on the 22nd of February 1958 were enjoying the Egyptian nationality according to the provisions of law no. 391 for 1956 concerning Egyptian nationality.
THIRDS: Those who have acquired the UAR nationality pursuant to the provisions of Law no. 82 for 1958 concerning UAR nationality:
a) By birth, from a father or a mother who is considered Egyptian as per item 2 of the present article or by birth in the Egyptian region of the United Arab Republic, or if the UAR nationality has been granted to him on the basis of birth, or residence in the Egyptian region, or on the basis of Egyptian origin, or nor having rendered honorable services to the government of the Egyptian region, or because he is head of an Egyptian religious sect working in the Egyptian regions.
b) Those who are considered Egyptians under nationality laws issued prior to law No. 82 for 1958, then forfeited their nationality and restored it later or it has been restored to them under Lae No. 82 referred to hereinbefore.
c) A Foreign woman who has acquired the nationality of the United Arab Republic, under the provisions of Law No. 82 for 1958 refer ed to before, either through marriage to someone regarded as Egyptian in accordance with the provisions of item 2 of the present article, or provisions of (a) and (b) of that item, or because her foreign husband has acquired the Egyptian nationality.
In all cases, it is stipulated that such a person should have maintained this nationality until the present law comes into force. Zionists shall not benefit by any of the provisions of the present article.
Article 2: Shall be considered Egyptians:
1. Those who were born of Egyptian fathers.
2. Those who were born in Egypt of an Egyptian mother, and a father whose nationality is unknown or who is stateless.
3. Those who were born in Egypt, of an Egyptian mother but their kinship to the father has not been proved legally.
4. Those who were born in Egypt of unknown parents. A foundling in Egypt shall be considered as born in it, unless otherwise proved.
Shall be considered as Egyptian whoever is born abroad, of an Egyptian mother, and of an unknown father, or a stateless father, or a rather whose nationality is unknown, if he choses the Egyptian nationality, within one year from the date he comes of age, provided he shall advise the Minister of Interior of his choses, after making his ordinary residence in Egypt, and the minister of Interior does not object thereto within one year from the date of the advice is received by the Minister.
The Egyptian nationality may be granted by decree of the Minister of Interior:
FIRST: To whoever is born in Egypt of a father of Egyptian origin, if he applies for the Egyptian nationality after having made his ordinary residence in Egypt, and is of full age at the time he applies for the nationality.
SECOND: To whoever belongs to an Egyptian origin whenever he applies for Egyptian nationality after five years of ordinary residence in Egypt, provided he has already attained full age at the time he submits the application.
THIRD: To any foreigner born in Egypt of a foreign father who was also born in it, if such a foreigner belongs to the majority of inhabitants in a country whose language is Arabic, or religion is Islam, if he applies for the Egyptian nationality within one year form the date he attains full age.
FOURTH: To each foreigner born in Egypt and his ordinary residence has been in it on attaining full age, if he applies within one year from attaining full age, for the Egyptian nationality, provided he fulfills the following conditions:
1. That he should be mentally sane and suffering from no disability rendering him a burden on society.
2. That he should be of a good conduct and reputation, and that no criminal penalty or penalty restricting his freedom should have been passed against him in a orime against honor, unless he has been rehabilitated.
3. That he should be acquainted with the Arabic language.
4. That he should have a legal means of earning his living.
FIFTH: To each foreigner who has made his normal residence in Egypt for ten consecutive years at least before he submits an application for the Egyptian nationality, if he is of age, and provided he fulfills the conditions set forth under iten (Fourth)
The Egyptian nationality may be granted by Presidential decree. without being bound by the restrictions set out under the preceding article of the present law, to any foreigner who renders honorable services to Egypt, as well as to theheads of tye Egyptian religious sects.
Acquiring the Egyptian nationality by a foreigner does not result in his wife acquiring it, unless she notifies her wish to obtain it, to the Minister of Interior, and provided the marriage is not terminated before the lapse of two years from the date she announces her wish, except in case of the husband's death, The Minister of Interior, may issue a justified decree depriving the wife from acquiring the Egyptian nationality, before the lapse of the two years stipulated herein.
His minor sons, however, shall acquire the Egyptian nationality, unless their normal residence is abroad and the original nationality of their father is maintained for them according to the law governing it. If they acquire the Egyptian nationality, they may, during the year following the date they attain full age, decide to choose their original nationality, in which case they forfeit the Egyptian nationality once they have regained the nationality of their father according the law governing it.
A foreign woman who gets married to an Egyptian does not acquire his nationality through marriage unless she notifies her wish to acquire his nationality to the minister of Interior, and the marriage has not been terminated before the lapse of two years from the date she announces her wish, by another reason than his decease. The minister of Interior may issue a justified decree depriving the wife from acquiring the Egyptian nationality, before the lapse of the two years.
If a foreign woman acquires the Egyptian nationality under the provisions of the two previous articles, she will not forfeit it with the termination of marriage, unless she has restored her foreign nationality, or get married to a foreigner and acquired his nationality by virtue of the law governing that nationality.
A foreigner who has acquired the Egyptian nationality pursuant to the provisions of articles 3,4,6 and 7, shall not be entitled to exercising political rights before the lapse of five years from the date he acquires the nationality. He may not be elected or appointed a member of any parliamentary body before the lapse of ten years from the said date. However, by Presidential decree, he may be exempted from the first restriction, or both restrictions combined.
The Minister of Interior, may exempt by decree, those who have joined the Egyptian fighting forces an fought in their ranks, from the first restriction or both restrictions combined.
Shall likewise be exempted from these two restrictions members of Egyptian religious sects as regards the exercise of their rights in the elections of Mellah Councils to which they belong. and their memberships to such councils.
An Egyptian may not acquire a foreign nationality except after obtaining a permission therefor, to be issued by decree of the Minister of Interior. Otherwise, he shall continue to be regarded in all cases as Egyptian from all points of view, unless the Council of Ministers decide to strip him of the nationality according to the provisions of article 16 of the present law.
An Egyptian who acquires a foreign nationality shall forfeit the Egyptian nationality, if he has been permitted to obtain the foreign nationality.
However, a permission to acquire a foreign nationality, may also comprise the permission for him, his wife and minor children, to retain the Egyptian nationality. If within a period not exceeding one year from the date he acquires the foreign nationality, he declares his wish to benefit thereby, they shall retain their Egyptian nationality, despite their acquiring the foreign nationality.
The acquiring by an Egyptian, of a foreign nationality after getting the permission to obtain it, this forfeiting his Egyptian nationality, shall not result in his wife forfeiting the Egyptian nationality, unless she declares her wish to adopt the nationality of her husband and obtains it by virtue of the law governing that nationality. However, she may continue to retain the Egyptian nationality, according to the last paragraph of the previous article.
Minor children shall forfeit the Egyptian nationality, if because of the change of their father's nationality they enter the new nationality by virtue of the law governing it. However, they are authorised during the year following the date they attain full age, to decide to elect the Egyptian nationality.
An Egyptian who gets married to a foreigner shall continue to retain her Egyptian nationality unless she wishes to acquire the nationality of her husband and has recorded that at marriage, or during the existence of her marriage in case she is entered in her husband's nationality by force of the law governing it. However, she shall continue to retain the Egyptian nationality if she declares her wish to retain it within one year from the date she enters the nationality of her husband.
If the contract of marriage is considered as invalid under the provisions of the Egyptian law, but valid under the provisions of the husband's law, she remains Egyptian in all respects and from all points of vie. However, she may be considered-by decree of the Minister of Interior, as having forfeited the Egyptian nationality-if she has acquired the nationality of her husband.
An Egyptian woman who forfeits her nationality under the provisions of the first paragraph of article 11, and the first paragraph of article 12, may regain her Egyptian nationality, if she applies for it, and the Minister of Interior approves.
She shall also regain the Egyptian nationality if marriage is terminated and she has been a resident of Egypt, or she has returned to reside in it, and declared her wish to regain the Egyptian nationality.
A wife who was of Egyptian nationality, then forfeites it, and a wife who is of Egyptian origin, shall acquire the Egyptian nationality once her husband acquire it, or once she gets married to an Egyptian, if she declares her wish to have the Egyptian nationality restored to her, to the Minister of Interior.
An Egyptian nationality may, by a justified decree of the Council of Ministers, be withdrawn from whoever has acquired it by forged means or false statements, within ten years from the date he acquired the Egyptian nationality.
The Egyptian nationality may also be withdrawn from whoever has obtained it by naturalization or through marriage, within five years following the date he obtained it, in any of the following cases:
1. If a sentence was passed against him in a criminal offense, or a penalty restricting his freedom in a crime against honor.
2. If a court-ruling has been passed against him in a crime against the safety of the state, either from outside or within the country.
3. If he has failed to reside in Egypt for two consecutive years, and his absence has been without a reason acceptable by the Minister of Interior.
The Ministers Council may issue a decree stripping the Egyptian Nationality off anyone enjoying it, in any of the following cases:
1. If he enters a foreign nationality, in a manner other than what is set forth sub article 10.
2. If he accepts to join military service in a foreign country without a prior license from the Minister of War.
3. If his normal residence is abroad, and a court ruling is issued condemning him in a crime harmful to the State security from abroad.
4. If he accepts a post abroad with a foreign government or a foreign of international body and remains in that post despite the issuance of a justifier reason by the Ministers Council ordering him to quit that post, should his stay in such a post constitute a threat to the supreme interests of the country, and that is if he continues in such a post more than six months from the date he is notified of the aforementioned order, at his post abroad.
5. If his normal stay is abroad, and he joins a foreign body whose purposes include working for the undermining of the social or economic order of the State, by the use of force or any other illegal means.
6. If he works for a foreign state or government which is in a state of war with Egypt, or with whom diplomatic relations have been severed, and his continuation in work for such a state or government would constitute a harm to Egypt's military, diplomatic or economic situation, or would adversely affect any other national interest.
7. If at any time he has been qualified as zionist.
Withdrawal of Egyptian nationality under any of the cases provided sub article 15, will result in its withdrawal from the person involved alone. However, and with a justified decree, the Egyptian nationality may also be withdrawn from all of those having acquired it by dependance. Forfeiture of nationality in the cases mentioned sub article 16, will result in withdraw in it from its holder alone.
The Egyptian nationality may be restituted by a decree of the Minister of Interior, to a person from whom it has been withdrawn or who has forfeited it, after the lapse of five years from withdrawing or forfeiting it. Restoring the Egyptian nationality may also take place by a Presidential decree. The Decree withdrawing or forfeiting the Egyptian nationality may also be waived by a decree of the Minister of Interior, if such a withdrawal or forfeiture decree has been based on fraud or mistake.
The Egyptian nationality may also be restituted by decree of the Minister of Interior to a person having forfeited it by the obtention of a foreign nationality, after granting him a permission to that effect.
In all cases the Minister of Interior may restitute the Egyptian nationality to a person from whom it has been withdrawn or forfeited before the enforcement of the provisions of the present law, without being restricted to the period referred to sub paragraph 1 of the present article.
Entering in the Egyptian nationality or withdrawing or forfeiting it, or regaining or restituting it, shall not have any retroactive effect, unless otherwise stipulated, and provided it is based on a provision of the law.
Declarations, and chosice notifications, as well as documents and applications referred to by the present law shall be addressed to the Minister of Interior or the one deputising for him. They shall be written on the Forms to be set by a decree of the Minister of Interior.
The Minister of Interior shall grant whoever is concerned, a certificate of the Egyptian nationality, against settlement of charges not exceeding five pounds Egyptian, after ascertaining that his nationality is evidenced. A decree of the Minister of Interior shall determine the charges for the certificate.
Such a certificate shall have the quality of a legal proof, unless it is cancelled by a justified decree of the Minister of Interior. The certificate shall be granted to the applicant within a period of one year at the most from the date of application. Refraining from granting the certificate within the specified period shall be considered a rejection of the application.
All decrees concerning the obtention, withdrawal, forfeiture, restoration or restitution of the Egyptian nationality shall take effect from the date of their issuance. They shall also be published in the official journal within 30 days from the date of their issuance. This shall not affect the rights of third parties of good will.
All rulings which are issued in nationality matter shall be considered as a proof for all, and their pronouncement shall be published in the official Journal.
Full age shall be determined pursuant to the provisions of the Egyptian code.
"Egyptian origin" means for the requirements of this law any ethnic Egyptian in whose case the absence of the residence element required in respect of him, his father or husband, or inability to establish such a residence support has forestalled recognition for him of the Egyptian nationality, if one of his ancestors or the ancestors of the husband was born in Egypt.
The responsibility for evidencing the nationality shall be shouldered to whoever is holding on the Egyptian nationality, or arguing that he has not acquired it.
Marriage shall not result in acquiring the nationality or forfeiting it, unless marriage is evidenced by an official document to be issued by the competent quarters.
International treaties and conventions concerning nationality, which were concluded between Egypt and foreign countries, shall be enforced, even if they are contradictory to the provisions of the present law.
Without prejudice to any more stringent penalty provided for by other laws, shall be punished by imprisonment for a period not exceeding five years, whoever provides to the competent authorities false statements or falsified papers, and knowing that he is doing so, with the object of proving or negating the Egyptian nationality for himself or a third party.
Law No. 28 for 1958 concerning nationality of the United Arab Republic, and all provisions contradictory to the provisions of the present law are hereby cancelled and superseded by this law.
The Minister of Interior shall issue the decrees necessary for the enforcement of the present law.
The present law shall be published in the Official Journal.
-The present law shall be embossed with the seal of the State and be enforced as one of its laws.
-Issued at the Presidency of the Republic on 21 May 1975.
Anwar Al Sadat