The new Omani Nationality Law: How big is the departure from the old law?

The Sultanate of Oman recently issued a new Omani Nationality Law (RD 38/14) (“New Law”) which replaces the earlier Omani Nationality Regulatory Law promulgated by RD 3/83 (“Old Law”).

This article aims at providing a snapshot of the requirements brought about by the New Law on who can apply for Omani citizenship and the new conditions to grant Omani citizenship.

Who can apply for Omani citizenship?

In addition to other requirements, the New Law provides that to apply for Omani citizenship, the non-Omani applicant should meet the following conditions:

1. He should have resided in Oman for at least 20 continuous years or, 15 years if married to an Omani woman provided that their marriage shall have solemnized after obtaining approval of the Ministry of Interior (“Ministry”) and he shall have a son from his Omani wife.
   
   

   The above requirement is a significant departure from the Old Law which provided that amongst other requirements, an expatriate can request for citizenship if he has resided in Oman for at least 15 continuous years or 7 years in case he is married to an Omani woman.

2. He should be medically fit and shall not suffer from any infectious diseases and shall be willing to renounce his nationality of origin.

When can an expatriate woman apply for Omani citizenship?

The New Law has introduced substantial new requirements for a non-Omani woman who has married an Omani citizen to apply for citizenship. The additional requirements include the following:

1. Her marriage should have taken place after obtaining approval from the Ministry;
2. She shall have a son from her Omani husband;
3. She should have been married to her Omani husband and resided with him in Oman for at least 10 continuous years;
4. She must be able to communicate in the Arabic language; and
5. She must possess sound conduct and character and should not have been convicted of any crime or offence in breach of trust, unless she has been rehabilitated.

The Ministry has very clearly outlined which non-Omani woman married to an Omani can now apply for citizenship. It also clarifies that proficiency in Arabic will be required to be a citizen of Oman. It is also important to note that the marriage between an Omani man and non-Omani woman should have been approved by the Ministry; and they should be in a stable marriage and a son should be born out of the marriage.

Can a widowed or divorced expatriate woman apply for Omani citizenship?

The New Law permits a non-Omani woman who is widowed or divorced from an Omani husband to apply for Omani citizenship, provided she meets certain requirements specified in the New Law which includes the following:

1. Her marriage should have taken place after obtaining approval from the Ministry;
2. She shall have a son from her Omani husband;
3. She should have been married to her Omani husband and resided with him in Oman for at least 15 continuous years;
4. She shall not be married to a non-Omani;
5. She must be able to communicate in the Arabic language; and
6. She must possess sound conduct and character and should not have been convicted of any crime or offence in breach of trust, unless she has been rehabilitated.

The Old Law did not provide that a lady widowed or divorced from an Omani husband can apply for citizenship. Non-Omani women who have spent substantial years in Oman can now apply for citizenship provided they meet the above requirements.

Can a minor born with an Omani mother and expatriate father be granted citizenship?

The New Law has introduced another new article 18 which allows minors born with an Omani mother and expatriate father to request Omani citizenship if the following conditions are complied with:

1. The mother shall be a widow or divorced or her husband has been absent or has abandoned her for a period not less than 10 consecutive years. This shall be proved by a judicial ruling;
2. His parents marriage shall have taken place after obtaining an approval from the Ministry, unless the marriage was solemnized before the mother acquired Omani citizenship;
3. He shall be under his mother’s custody pursuant to a judicial ruling;
4. He should have resided in Oman for at least 10 continuous years;
5. He must be possessing sound conduct and character;
6. He shall not have been convicted of any crime or offence in breach of trust, unless he has been rehabilitated;
7. The minor’s guardian, if any, shall express in writing his non-objection of his son acquiring Omani citizenship; and
8. He shall prove that the law of his country permits him to do so.

To conclude, whilst the New Law has introduced a number of significant provisions and has made it possible for a widowed / divorced expatriate woman to apply for Omani citizenship or a minor born to an Omani mother and expatriate father to apply for Omani citizenship; it has also made the conditions required for applying for Omani citzenship quite strict.