Renunciation of Iranian Nationality

Renunciation of Iranian Nationality

In recent years, there has been a growing tendency among individuals to renounce Iranian nationality and obtain foreign citizenship for various reasons.

Iranian law recognizes the possibility of renunciation of nationality under specific conditions. Some individuals also seek to acquire an additional nationality while retaining their Iranian nationality, which is commonly referred to as dual nationality.

Legal Requirements for Renunciation of Iranian Nationality

The Concept of Nationality

To properly address the subject of renunciation of Iranian nationality, it is necessary to briefly explain the concept of nationality. In general usage, nationality denotes affiliation and allegiance.

The matters of birthplace, nationality, and an individual’s relationship with a government throughout their lifetime have long been discussed in domestic law and international law.

In international law, nationality refers to the political and social bond between a natural or legal person and a state. This bond encompasses legal relationships arising from the rights and privileges a state grants to its nationals, and it may also be regarded as a political relationship.

Nationality is not limited to one’s place of residence and often reflects a meaningful connection between the individual and the country.

Types of Nationality

Nationality is typically determined through two main systems: the territorial principle and the bloodline principle.

• Territorial principle (jus soli): This system is generally applied in countries that accept immigrants. Under this approach, a child acquires the nationality of the country of birth regardless of the parents’ nationality.
• Bloodline principle (jus sanguinis): This system, also known as nationality by descent, is based on descent from a parent. Under this approach, a child acquires nationality through lineage, typically deriving nationality from the parents.

Nationality in Iran

Iranian nationality may be acquired through a combination of the bloodline and territorial principles. Upon meeting the legal requirements, an individual is recognized as an Iranian national. Under Article 976 of the Civil Code of the Islamic Republic of Iran, individuals born to an Iranian father, as well as those born to foreign parents with one parent born in Iran, may be considered Iranian nationals.

All individuals born in Iran, even where the identity of the parents is unknown, may be recognized as Iranian nationals under the territorial principle.

Foreign women who marry Iranian men are considered Iranian pursuant to clause six of Article 976 of the Civil Code. Accordingly, even if the husband later renounces Iranian nationality, the woman may still retain her Iranian nationality.

A related issue arises in the context of marriage between an Iranian woman and a foreign man. If an Iranian woman marries a foreign national, she remains an Iranian national. If the husband’s nationality is imposed on her under the laws of his country, she may nevertheless return to her original nationality after divorce or the husband’s death.

There are also individuals who, for various reasons, do not hold the nationality of any country. This status is referred to as statelessness, and such persons are described as stateless persons.

How to Renounce Iranian Nationality?

Renunciation of nationality refers to a legal situation in which an individual, by accepting the nationality of another country, terminates their legal and political relationship with their country of origin. Under the principle of individual freedom recognized in Iranian law, renunciation of nationality is permitted. However, due to concerns such as potential misuse, the legislator has made renunciation subject to specific requirements, including the following:

1. Minimum age of 25: The minimum age was previously 18, but it was later increased to 25 in light of social considerations and other factors. (Article 988, clause 1 of the Civil Code)
2. Government approval: Under Iranian law, renunciation requires the Council of Ministers’ permission. Applicants must obtain governmental approval. If approval is not granted, the application will be rejected.
3. Transfer of immovable property: The law requires applicants to dispose of immovable property. An individual who renounces Iranian nationality must transfer all immovable property located in Iran to Iranian nationals within one year from the date of renunciation.
4. Completion of mandatory military service.
5. Departure from Iran within three months.

Legal Effects of Renunciation of Iranian Nationality

• Individuals who renounce Iranian nationality are treated as foreign nationals and will be deprived of the rights and benefits reserved for Iranian nationals.
• Renunciation of nationality by parents does not affect the nationality of their children.
• Renunciation of nationality by one spouse does not affect the other spouse’s nationality.

Frequently Asked Questions About Renunciation of Iranian Nationality