RIYADH, 20 October 2004 — Expatriates have welcomed the new amendment to the Kingdom’s citizenship law, approved by the Cabinet on Monday, which qualifies the foreigners who have been in the country for more than 10 years to become permanent residents and attain Saudi citizenship. They described it as a move to promote “brain gain” and halt “brain drain.”
There are some 8.8 million expatriates in the Kingdom and 17 million Saudis. The new amendments were approved by the Cabinet following the recommendation made by Interior Minister Prince Naif.
According to the amended Article 9 of the Royal decree, expatriates who have spent 10 consecutive years in the Kingdom are eligible to apply for Saudi citizenship, provided their experience and skills are needed here.
While the overall reaction has been positive, a few expressed reservations about the reported conditions for citizenship, especially the requirement of linguistic and professional skills. They said the condition specifying fluency in written and spoken Arabic would exclude highly qualified applicants.
The legislation also relaxes naturalization regulations for foreign spouses of Saudis. The amendments to the 50-year-old legislation, however, toughen requirements for permanent residents applying for citizenship. They must have a profession which the country needs and must have been permanent residents for 10 years instead of the previous requirement of five.
The amendments lay out a series of rules for mixed couples, including giving Saudi women the choice to keep their citizenship or acquire that of a Saudi husband who acquires another citizenship. Children under 18, however, might lose their Saudi citizenship depending on the requirements of the father’s new nationality but they would be eligible for Saudi citizenship once again after reaching the age of 18.
The wife of a naturalized Saudi will now be able to acquire Saudi citizenship if she lives in the country and gives up her original nationality. Children of a naturalized Saudi become citizens if they are underage and live in the country, but can choose to revert to their father’s original nationality within a year of becoming 18.
A Saudi woman who marries a foreigner will only lose her citizenship if she chooses to acquire her husband’s nationality. The foreign wife or widow of a Saudi will qualify for citizenship if she gives up her original nationality. Saudi Arabia does not allow dual nationality, and the amended law will apparently make it more difficult to get around that restriction.
The amended law extends the period during which a naturalized Saudi can be stripped of his or her citizenship from five to 10 years, if convicted of a crime that breaches trust or honor, or undermines the Kingdom’s security.
The new law is expected to benefit a large number of the country’s expatriates, including Arabs, Asians, Africans and Westerners. The large number of foreign residents is believed to be the reason behind the toughening of naturalization rules for residents.
Prospective applicants must submit their iqamas, passports or other travel documents, documents related to nationality and all other papers and documents required by the law. They must also show evidence that they are earning their livelihood legitimately.
Dr. Hamoud Al-Badr, the consultative body’s secretary-general, said the Shoura had approved changes to eight of the law’s 38 articles. Muhammad Al-Zalfa, a Shoura Council member, said the amendments were meant to meet the requirements of a changing society. “The amendments relax naturalization rules for foreign spouses of Saudis while toughening already strict requirements for permanent residents applying for citizenship,” he said.
“More Saudi men and women are marrying foreigners now than when the current law was passed some 50 years ago and this necessitates change,” Al-Zalfa said. “We now have more than seven million foreigners living here. We had to make it tougher to acquire citizenship in order to make sure that those who apply for it are loyal to the country and are integrated into Saudi society,” Al-Zalfa said.
The new law stipulates a maximum two-year jail term or a SR30,000 fine for anyone submitting false documents or lying about their citizenship. The Interior Ministry will issue the executive bylaws within 120 days of the publication of the amended law in the official gazette.
Response to the announcement has been generally positive. Among Sudanese expatriates it was mixed with some preferring to wait for more details before taking a step and others saying they would not change their present nationality.
“I have been here for more than 19 years working as accountant, and I don’t know if my job category fits this requirement. I think people should wait to know more details about this matter and I hope the authorities will specify which jobs are required,” said Muhammad Osman, a Sudanese working with a private firm in Jeddah.
According to him, many of his expatriate colleagues, some of whom are occupying high positions in firms, would like to know more about this requirement.
But not all of those who hold senior posts wish to renounce their countries’ nationality and seek to become Saudis, saying they are content with their status. One is Ali Badawi, a chemical engineer who said he had never thought of renouncing his nationality for that of another country. “I feel I have a duty toward my country and should continue to serve as much as I can. One day I may go home and start a small business. It may be a modest contribution but at least I will be paying back some of the debt I owe to my country,” he said.
Walid Abukhaled, director of communications at BAE Systems, told Arab News that he hoped there would be some flexibility in the law for the grant of citizenship to some expatriates who satisfy all conditions except the knowledge of Arabic. He said that in fields like soccer, IT, medicine, engineering and various scientific disciplines knowledge of Arabic is not required, although learning it would be an advantage.
Abukhaled suggested that it would be in the interest of the Kingdom to grant citizenship to such expatriates and let them learn Arabic. This would give a boost to Arabic language institutes. “It would be a win-win situation.” He also felt that it was not necessary to extend from five to ten years the period during which his provisional citizenship could be revoked for any involvement in crime.
Describing it as “an important step in the right direction,” Saudi businessman Hussein Shobokshi told Arab News by telephone that “it will bring some imported color into the Saudi society”, referring to those Saudis who have foreign wives. He said: “It will also help to stabilize the transfer of remittances outside the Kingdom, besides bringing the country in line with many other countries which have adopted similar progressive laws.”
Nasser, a Palestinian PR executive who has lived in the Kingdom for 23 years, said the move could help halt the brain drain of Arabs and Muslims who leave when their contract expires. Abdullatif Omran, a Jordanian Palestinian, welcomed the new regulations. “My children were born and educated here,” he said. “Now we could invest our money here instead of remitting it abroad.”
Others were skeptical of the red tape. “How are they going to implement it and who will implement it? Will it take years?” a Palestinian asked. “Even qualified candidates could face obstacles unless procedures are streamlined, and that would open the doors for corruption.”
Expatriates from the subcontinent adopt a wait-and-see attitude. Shahid Fareed, a travel executive from India, said that while the idea in principle was good, the question was whether many would be ready to give up their Indian passport for a Saudi one. “Saudi passports no longer have the premium value they used to have,” one South Asian expatriate said.
“I deem it a great gift from the Kingdom to be a citizen of this country where people can live peacefully,” said Shajahan, a Bangladeshi businessman who has spent more than 10 years in the Kingdom.
The marketing manager of Absal Steel, P . Alithamby, said it came as a surprise to him that it would be implemented so soon. He said he could continue his stay in the Kingdom and develop a business with his available resources. “Anybody would like to be a citizen of this trouble-free country where hard work, loyalty and civic consciousness pays rich dividends,” he observed.
Mohammed Maqbool Arif, who has been here for the past 18 years, said it was good news to all expatriates and added that it would be a golden opportunity to stay in the land of two harams where Shariah laws are strictly followed. Arif, who is fluent in both spoken and written Arabic, has his six-year-old son born in the Kingdom.
“The proposal has really delighted the expatriates who have been serving the Kingdom for decades,” said the assistant general manager of the SAMBA Financial Group, Saifudeen Thassim. He added that some long-time expatriates know the Kingdom better than their own country, which makes them strangers in their own land. “It is in the fitness of things to grant them citizenship,” said Thassim, who would like to apply for Saudi citizenship.
Maulana, who has already become a Saudi by virtue of his ancestry, told Arab News that it was a good move to retain the elite economic base of the expatriates. “Most of the highly qualified and long-time expatriates, who were in a state of uncertainty about their future, would be relieved by the Cabinet decision,” he said, adding: “They will now invest their earnings in the Kingdom instead of remitting it abroad. In the process it will strengthen the Saudi economy.”
Dr. Chandima, who embraced Islam recently, said the decision would give an impetus to people like her, who are fluent in Arabic, to get citizenship and take part in the national development programs.
Many expatriates, especially those of Arab origin, were cautious in their reaction on the pretext that it was too premature to be optimistic over the amendment. The general consensus among the expatriates was that it was welcome move provided it was implemented in letter and spirit and did not become a victim of bureaucratic norms.
Abdullah A. Rizvi, marketing manager of Bitumat Company in Dammam, said that it woud have far reaching effects on expatriates as well as on the Saudi economy. He said thousands of expatriates, particularly those from the Indian Subcontinent who have lived in Saudi Arabia for many years — in some cases more than 40 years — have now become aliens in their own country.
“These expatriates are more attuned to Saudi traditions and social customs,” he said, “but tragically they continue to be foreigners here.” He said once citizenship is granted to expatriates the flight of capital from the country could be arrested.
Yousuf Naqwi, a Pakistani living in Saudi Arabia for more than 25 years and general manager of Khalifa Trading and Contracting Company, said that the law should be more flexible for the younger generation. “Most of the people who will apply for citizenship would have passed their prime. A majority of such aspirants will be in the age group of 45-60 years. The government should think of the future and it should open citizenship for the young — for our sons and daughters who have much to offer to the country.”
One question that haunted almost all expatriates, be it Asians or Arabs, was about their true assimilation in Saudi society and their acceptance by Saudis. “Will Saudis really accept us as one amongst themselves? For years they have been used to treat us as nothing but labor. Will they be able now to accept us as their compatriot and not a “Rafiq” asked Muhammad Etmad Husain of Hyderabad, India who has been living in the Kingdom for the last 25 years.
Who Qualifies
The person applying for Saudi citizenship should fulfill the following conditions:
• Should be an adult who has spent not less than 10 years continuously in the Kingdom.
• Should be mentally and physically fit.
• Should be a professional required by the country.
• Should be proficient in speaking, reading and writing Arabic
• Should not have been sentenced to more than six months in jail for any crime related to morality.
— With input by Saeed Haider, Javid Hassan and Mohammed Rasooldeen
