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Amin Mohammadi Rad

“Citizenship” is the belonging or relationship of an individual with the granting government, which can be considered as the source of rights, duties, and specific obligations for both parties in the relationship. Generally, citizenship has three legal, political, and spiritual aspects; meaning that it creates legal effects (legal aspect) in the relationship between the individual and the government (political aspect) and is independent of time and place (spiritual aspect). For example, the right to vote is created as a result of citizenship to a specific government; indicating the individual’s affiliation with the government from a political perspective and allowing the individual to benefit from this right at any time and place, even outside the country’s borders.

First: 

General principles governing citizenship

Regarding citizenship, there are three general principles that are recognized by the international community:

1- Every individual must have citizenship (not statelessness or apatridity).

2- No person should have more than one citizenship (negation of dual citizenship).

3- Respect for the right of individuals to choose their citizenship (citizenship flexibility)

Second 

Types of citizenship

According to general principles governing citizenship, citizenship can be divided into two categories:

1. Primary Citizenship: Primary citizenship, also known as birthright citizenship, is the citizenship that is imposed on an individual at birth. Citizenship can be imposed in two ways: through blood and through soil; which are referred to as systems of granting citizenship.

2- Acquired Citizenship: Acquired citizenship, also known as derivative citizenship, is a citizenship that an individual obtains by their own choice and can be acquired through factors such as migration, marriage, etc.

Third 

Citizenship granting systems

One of the solutions used to negate statelessness is imposing citizenship on individuals based on blood and soil systems.

1. Bloodline System: The bloodline system, also known as relative citizenship, refers to the inheritance of citizenship from one’s parents or one of them. In this system, place of birth does not play a role in granting citizenship, rather what is important is the individual’s lineage and race, and more precisely, the citizenship of their parents.

2- Soil system: According to this system, citizenship is granted to a person based on the country of their birthplace.

Fourth: Dual Citizenship and Its Effects

Dual citizenship refers to the simultaneous possession of two or more citizenships by an individual. From the perspective of international law and laws related to citizenship, just as a stateless person (apatride) is in an abnormal situation, a person with more than one citizenship also has an abnormal status.

Therefore, despite its attractive appearance and title, dual citizenship and the possibility of enjoying the rights and benefits of citizenship in two or more countries has caused issues and problems at the international level. For example, it can create difficulties in fulfilling individual obligations towards their respective governments, such as paying taxes and serving in the military. In addition, certain restrictions in the laws of some countries have been predicted regarding employment in specific occupations and ownership of non-movable properties for individuals who have acquired citizenship in other countries.

Fifth 

Citizenship in Iranian law

It can be said that the first law regarding citizenship was passed by the National Consultative Assembly in 1308 SH (1929 AD) and one year later, two supplementary articles were also approved. After that, in 1313 SH (1934 AD), the Civil Law of Iran, which included regulations on citizenship in articles 976 to 991, was passed by the National Consultative Assembly. After the Islamic Revolution in 1979, in 1370 SH (1991 AD), articles 980, 982, 987, and 991 of the Civil Law were amended regarding citizenship, and article 981 (regarding the revocation of citizenship for those who have acquired Iranian citizenship) was removed by the Judicial Commission of the Islamic Consultative Assembly.

Furthermore, principles 41 and 42 of the Constitution of the Islamic Republic of Iran regarding the issue of acquisition and loss of Iranian citizenship state the following:

Article 41: “The nationality of Iran is the undeniable right of every Iranian and the government cannot deprive any Iranian of their nationality, except at their own request or if they acquire the nationality of another country.”

Article 42: “Foreign followers can acquire Iranian citizenship within the limits of the law, and the revocation of citizenship for such individuals is possible only if another government accepts their citizenship or if they themselves request it.”

A- Acquiring Iranian Citizenship:

According to current laws, Iranian citizenship can be acquired in three ways:

First) Through the soil system or the blood system.

Sections 1 to 5 of Article 976 of the Civil Code have considered both the blood and soil systems for granting Iranian citizenship to eligible individuals. According to Article 976 of the Civil Code, the following persons are considered Iranian nationals:

”

1- All residents of Iran, except for individuals whose foreign nationality is confirmed. Foreign nationality refers to those whose citizenship documents are not objected by the Iranian government; (land system).

2- Those whose father is Iranian, whether they were born in Iran or abroad; (blood type)

3- Those who are born in Iran and their parents are unknown; (soil system)

4- Those who are born in Iran from foreign parents, one of whom is born in Iran; (soil system)

5- Those who are born in Iran to a foreign father and have resided in Iran for at least one year immediately after reaching the age of eighteen, will be accepted as Iranian citizens according to the regulations set forth for obtaining Iranian citizenship, in accordance with the law for acquiring Iranian citizenship; (land system) …

2) Through marriage

According to Article 6 of Civil Law, “Any foreign woman who marries an Iranian man is considered an Iranian citizen.”

Furthermore, article 987 of the Civil Code regarding Iranian women who marry foreign nationals states the following: “An Iranian woman who marries a foreign national will remain a citizen of Iran unless, according to the laws of the husband’s country, the husband’s citizenship is imposed on her through the marriage contract. However, in any case, after the death of the husband or divorce, by simply submitting a request to the Ministry of Foreign Affairs along with a death certificate or divorce document, the woman’s original citizenship with all its rights and privileges will be restored to her.”

3) Request for citizenship acquisition

According to Article 976 of the Civil Law, “any foreign national who has acquired Iranian citizenship” is also recognized as an Iranian national. According to Article 979 of the Civil Law, individuals with the following conditions are eligible to apply for Iranian citizenship:

1- They must have reached the age of eighteen;

2- They have lived in Iran for five years, whether consecutively or alternately.

3- They should not escape military service;

4- No one shall be convicted for political reasons or non-political crimes in any country.

Regarding the second clause of this article, the duration of residence abroad for serving the government of Iran is considered as residence in the territory of Iran.”

It is worth mentioning that according to Article 980 of the mentioned law, the condition of having a 5-year residence in Iran is required for individuals who have engaged in “public interest affairs in Iran”, individuals who “have Iranian spouses and children”, and also individuals who “hold high academic and specialized positions in public interest affairs”. This can be waived with the approval of the government and the Council of Ministers.

According to Article 984 of the Civil Code, “Women and minor children who acquire Iranian citizenship under this law are recognized as subjects of the Iranian government.” Furthermore, according to Article 985 of the same law, the acquisition of Iranian citizenship by the father does not apply to adult children (children who have reached the age of 18 at the time of the application).

In addition, according to Article 981 of the Maralzakar Law, individuals who have obtained or demonstrate Iranian citizenship are entitled to all the rights specified in the law for Iranians; however, they cannot attain the following positions:

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1- The President and his deputies.

2- Membership in the Guardian Council and Presidency of the Judiciary

3- Ministry and guardianship of the Ministry and governorate and prefecture

4- Membership in the Islamic Consultative Assembly

5- Membership in provincial, county, and city councils

6- Employment in the Ministry of Foreign Affairs and verification of any political position and mission.

7- Judgement

8- The highest rank of command in the army, Sepah, and law enforcement forces.

9- Managing important informational and security posts.

Leaving Iranian citizenship (revocation of citizenship):

Article 988 of the Civil Code states: “Iranian nationals cannot renounce their citizenship except under the following conditions:

1- They should be at the age of 25.

2- The cabinet allows them to renounce their citizenship.

3- Previously, the representative promised that within one year from the date of renouncing citizenship, they will transfer their rights over their immovable properties in Iran or those that may be inherited, even if Iranian laws allow foreigners to own them, to Iranian citizens in some way. The spouse and children of the person who renounces citizenship, whether they are minors or adults, do not lose their Iranian citizenship unless the permission of the Council of Ministers includes them.

4- They have completed their military service.

In the Civil Law, there is also a provision for an executive guarantee to facilitate the legal process of renouncing citizenship by Iranian citizens. Article 989 of this law states:

“Any Iranian citizen who has obtained foreign citizenship without following legal regulations after the date of 1280 SH, their foreign citizenship will be considered null and void and they will be recognized as an Iranian citizen. However, all their non-movable properties will be sold under the supervision of the public prosecutor and after deducting the expenses, the remaining amount will be given to them. In addition, they will be deprived of any employment in government ministries, deputy ministries, parliamentary assemblies, state and provincial associations, municipalities, and any other government positions.”

Sixth: Conclusion

What seems worth mentioning at the end of this article is the proposal for thorough examination, contemplation, and collaboration of experts, lawyers, and legislators in order to provide a comprehensive, written, and modern law in the field of private international law in Iran, which addresses the needs and issues of today’s Iranian society and serves as a guide for new relationships and complexities of contemporary international system.