Introduction

The people of every country are divided into two categories based on their citizenship. The first category consists of those who usually make up the majority, are citizens of the same country, and their legal status is clear and known. The second category includes those who are considered foreigners, meaning they do not have citizenship in the country they are residing in, whether they have no citizenship in any country or have a non-citizen status in the country they are residing in. According to Iranian laws, a foreigner is someone who does not have Iranian citizenship, and a stateless person is also considered a foreigner. The entry of foreigners into a country, for whatever reason, has political, security, economic, cultural, and even geographical and demographic consequences, especially if their acceptance is not based on the needs and capabilities of the society. The negative effects of their presence on the vital factors of the country will be much greater. This is why the government and, at a higher level, the legislature, in order

Conventions and international treaties have recognized certain rights as primary and necessary for foreign nationals, including immigrants and refugees. Some of these rights include: the right to personal status, freedom of entry, residence and exit, ownership of movable and immovable property, access to courts, and the right to employment with wages. Before discussing the situation of these rights in Iran, it is important to note that whatever has been approved in our country’s laws regarding the rights of foreign nationals will only be established when the individual has entered Iran through legal channels and in accordance with the relevant laws of the country, or when their circumstances and situation fall under the legal definition of asylum and refuge.

1- Personal matters should be respected.

2- Freedom of entry, residence and exit

The International Institute of Human Rights, in 1929, recommended the issue of “freedom of departure from the country” as a right for foreign nationals to governments. This right has also been emphasized in subsequent conventions of international organizations, such as the United Nations and the United Nations. Iran, as one of the signatory countries of the “Convention on the Status of Refugees and its Protocol”, has recognized the right of entry and exit for foreign nationals under Article 26 of this convention. However, it should not be forgotten that entry, exit, and residence in any country, including Iran, are subject to laws related to public order. Foreign nationals are required to comply with the formalities established by Iran for entry and residence, and only consular officials, foreign political representatives, and their family members will be exempt from these formalities on the condition of mutual action.

Article 1 of the “Law on the Entry and Residence of Foreign Nationals” states that: “Each foreign national must

3- Ownership of property

Ownership is one of the natural and fundamental rights of humans. In legal discussions, properties are divided into two categories: movable and immovable. It seems that foreign nationals in Iran do not face any problems in owning movable properties and can fully benefit from the rights of property ownership according to Article 5 of the Civil Law. However, it should be noted that the transfer of these properties in the country is subject to laws related to taxes, fees, cultural heritage, national security, etc. The restrictions on property ownership mainly apply to immovable properties (such as land and residential and commercial buildings). In many countries, such as European Union member states, there are limitations on land ownership; however, the right to own land and buildings by foreigners is severely restricted in Iran. The root of this limitation is to preserve the independence and territorial integrity of the country, which has tasted the bitter flavor of colonial interference and the division of the country for years. According to the “Law on the Ownership of Immovable

4- Right to justice

Article 16 of the “Convention on the Status of Refugees” recognizes the right of foreign nationals to access courts and file complaints in judicial courts. However, governments do not adhere to a unified policy in dealing with this right. In Iran, the right to access courts for foreign nationals is recognized under Article 5 of the Civil Law. However, when a case involving the seizure of assets is brought up, such as property ownership disputes, limitations are imposed on foreign nationals. Articles 144 to 148 of the “Civil Procedure Code” specify these limitations.

5- Alienation of foreigners
1-5 Foreign nationals who have permanent residence in Iran:
Foreigners who have chosen to reside in Iran for a long period of time and possibly engage in some business or profession while adhering to all legal requirements may need to purchase a property for residence or other non-movable property for their business. However, according to Iranian laws, foreigners are subject to certain restrictions in this regard. The prevention of foreign influence in the country’s territory and the control of their economic activities in terms of purchasing non-movable properties and the bitter experience of capitulation have led to the enactment of laws in this regard, including the Law on Non-Movable Properties of Foreign Nationals passed in June 1931, the Regulations on the Acquisition of Foreign Nationals’ Properties passed in 1948, the Resolution on the Acquisition of Foreign Nationals’ Properties passed in October 1963, and the Executive Regulations of this Resolution, which include regulations related to this matter. In addition, foreign nationals can acquire ownership rights through treaties approved