Omani Nationality Law 17/2025

On February 2, 2025, Sultan Haitham bin Tariq of Oman issued a Royal Decree No. 17/2025, promulgating the new Omani Nationality Law, which replaces the previous nationality law enacted under Royal Decree No. 38/2014. Despite Oman’s commitments in various international forums, including the Universal Periodic Review in January 2021, as well as its pledges regarding the elimination of all forms of discrimination against women, the new law has been met with disappointment. It introduces several new provisions, some of which amend or replace previous articles, while others have been newly incorporated.

This report examines the most controversial provisions introduced by the new law.

• New Provisions

Similar to the previous law, the new legislation reiterates the provisions of Article 5 but introduces the phrase “based on the recommendation of the Minister” concerning cases of dual nationality, a decision that was previously the sole prerogative of the Sultan. Additionally, Article 4 explicitly precludes the jurisdiction of courts over disputes related to nationality. This principle was also affirmed in the previous decree.

1.1 Original Nationality (Granting and Reinstatement)

The new law also redefined Omani nationality by birth, distributing its provisions across three articles: Articles 11, 12, and 15. It expanded the definition of original Omani nationality to include a grandchild born in or outside Oman to an Omani father whose grandfather was granted Omani nationality.

Unlike the previous law, the new legislation does not require prior approval from the Ministry for marriage in cases where a child is born in or outside Oman to an Omani father and a foreign mother, a condition that was previously mandatory.

Additionally, the new law has abolished the requirement of being “free from infectious diseases” for any individual who originally held Omani nationality, had previously renounced it, and now seeks reinstatement (Article 13). Article 14 introduces a new condition requiring that the father must be of “original Omani nationality” for a child to reclaim nationality lost due to the father’s renunciation.

1.2 Legal Provisions Concerning the Foreign Spouse of an Omani Citizen

The law also reduces the requirement for continuous lawful residence for a foreign national applying for Omani nationality from 20 years to 15 years. Furthermore, it extends the allowable absence period per year from 60 days to 90 days. Similarly, the continuous lawful residence requirement for a foreign national married to an Omani woman has been reduced to 10 years, with an allowable absence of up to 90 days per year, without requiring prior approval from the Ministry of Interior for the marriage (Articles 17 and 18).

With regard to a foreign woman married to an Omani citizen, the law has abolished the requirement for prior official approval of the marriage. Additionally, it has reduced the required period of continuous lawful residence and the duration of marriage to eight years, instead of the previous ten years, while increasing the permitted annual absence to 90 days, pursuant to Article 19.

As for a foreign woman who is the widow of an Omani citizen, Article 20 provides greater clarity concerning the period of lawful residence, reducing it to six years instead of the previous fifteen years under the prior legislation. The law also eliminates the requirement for prior approval of the marriage and increases the permitted annual absence to 90 days.

Regarding a foreign woman divorced from an Omani citizen, the law has distinguished this case from that of a widow, as stipulated in Article 21. It requires a period of eight years of continuous lawful residence, with an annual absence not exceeding 90 days.

With respect to granting nationality to a minor, Article 22 specifically addresses the nationality status of the child of an Omani woman who is either divorced from or widowed by a foreign national. The law differentiates between divorce and widowhood on one hand and abandonment and absence on the other. Similar to the previous legal framework, the law stipulates that a period of five years must elapse following divorce or widowhood, a reduction from the previous fifteen-year requirement. In cases of abandonment or absence, the required period is ten years.

For a minor, the law mandates a continuous lawful residence period of five years in cases of divorce or widowhood and ten years in cases of abandonment or absence, with an annual absence not exceeding 90 days.

1.2 Loss and Revocation of Nationality

1.2.1 Loss of Nationality

The new law introduces two additional provisions (Articles 24 and 25) addressing the loss of nationality for individuals who were granted Omani citizenship, including the foreign spouse of an Omani woman and the foreign spouse of an Omani man.

With regard to the foreign husband of an Omani woman, the law stipulates that a husband who has been granted Omani nationality shall lose it in the event of divorce or abandonment of his wife within five years following the acquisition of nationality. The loss of nationality shall be effective from the date of divorce or abandonment. However, his minor children shall not automatically lose their nationality as a consequence.

As for the foreign wife of an Omani man, she shall lose her Omani nationality in the event of divorce and subsequent remarriage to a non-Omani citizen.

1.2.2 Revocation of Nationality

The new law introduces an additional provision to Article 26 (formerly Article 20 in the previous law), which has been a subject of controversy, alongside other contentious provisions within this article. The first clause of the article stipulates that a natural-born Omani citizen shall have their nationality revoked if they commit verbal or physical acts deemed offensive to the Sultanate of Oman or the Sultan himself, without providing any explicit definitions or clarifications regarding the concept of “offense.” This effectively leaves the interpretation of the provision solely to the Ministry of Interior. It is noteworthy that the law explicitly states that courts do not have jurisdiction over nationality disputes.

Furthermore, this article reiterates provisions from the previous law, which allow for the revocation of nationality in cases where an Omani citizen:

• Joins a group, party, or organisation that harms national interests;
• Engages in activities on behalf of a foreign state in a manner contrary to national interests; or
• Acts in service of a hostile state.

• Omani Women in the Nationality Law and the Absence of Equality

Although the current law has introduced certain amendments concerning the children of Omani women married to non-Omanis, as well as foreign spouses of Omani women—such as reducing the required years of lawful residence and increasing the permissible period of absence per year—the absence of equality between Omani women and Omani men remains evident in this legislation.

The children of an Omani man married to a non-Omani woman automatically acquire Omani nationality at birth, regardless of whether they are born inside or outside the Sultanate. In contrast, the children of an Omani woman married to a foreigner are subjected to complex conditions, which may include the father obtaining Omani nationality—thereby allowing the children to acquire it by extension—or the mother being divorced, widowed, or abandoned by her husband.

As for the foreign husband of an Omani woman, he must apply for Omani nationality after ten years of lawful residence, whereas a foreign woman married to an Omani man may submit her application after only eight years. Additionally, if a foreign man’s Omani wife dies or he divorces her, he loses the right to apply for nationality, even if they have children together, meaning he is subject to the provisions of Article 17 of the law.

Likewise, if the foreign husband of an Omani woman dies or divorces her, she must wait five years before applying for her children’s naturalisation, provided they are minors and have lawfully resided in Oman for at least five years, with the additional requirement that she must have custody. In cases where the husband has abandoned her or is absent with an unknown whereabouts, the waiting period for applying for naturalisation is extended to ten years.

• Nationality Law and International Human Rights Standards

3.1 Deprivation of Nationality and Violation of Fundamental Rights

The Omani Nationality Law raises significant concerns regarding the deprivation of nationality and gender inequality. Under Article 26, Omani nationality may be revoked if a citizen commits acts deemed offensive to the Sultanate or the Sultan himself, without a clear definition of what constitutes “offence,” leaving the interpretation solely to the Ministry of Interior. Additionally, nationality may be revoked for individuals affiliated with groups deemed harmful to national interests or for working in the service of foreign or hostile states. This provision directly contradicts Article 15 of the Universal Declaration of Human Rights, which states that “everyone has the right to a nationality” and that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Furthermore, the law explicitly excludes judicial oversight in nationality-related disputes, which contravenes Article 8 of the UDHR, affirming every individual’s right to seek protection through independent courts when fundamental rights are violated.

3.2 Gender Inequality in Nationality Acquisition

Gender-based discrimination remains evident in the Omani Nationality Law. While children of an Omani man automatically acquire Omani nationality at birth, regardless of whether they are born inside or outside the Sultanate, children of an Omani woman married to a foreigner are subjected to strict conditions. This contradicts the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which, under Article 9(2), guarantees a woman’s right to confer her nationality on her children and spouse on an equal basis with men.

Additionally, Article 3 of the International Covenant on Civil and Political Rights (ICCPR) mandates gender equality in civil rights. However, the Omani law imposes longer residency requirements on a foreign husband of an Omani woman compared to a foreign wife of an Omani man and restricts children’s ability to acquire nationality through their mother.

Furthermore, the law is inconsistent with the Convention on the Rights of the Child (CRC), particularly Article 7, which states that “a child shall be registered immediately after birth and shall have the right to acquire a nationality.” The current provisions deprive children of Omani mothers married to foreigners of their immediate right to nationality, potentially leading to cases of statelessness if the father’s nationality cannot be conferred.

4. Conclusion

The Omani Nationality Law demonstrates a clear conflict with international standards, notably by granting absolute discretionary power to revoke nationality without judicial oversight, and imposing significant gender-based discrimination in the conferral of nationality to children and spouses. This violates principles of non-discrimination, equality before the law, and children’s rights.

Under Article 26, Omani nationality may be revoked from any citizen who commits acts deemed offensive to the Sultanate or the Sultan himself, without a clear definition of what constitutes “offense,” leaving the interpretation solely to the Ministry of Interior. The law further stipulates that courts have no jurisdiction over nationality disputes and allows the revocation of nationality for individuals affiliated with groups harmful to national interests or working for foreign or hostile states.

Gender-based discrimination remains entrenched in the law, where the children of an Omani man automatically acquire nationality at birth, regardless of whether they are born inside or outside Oman. In contrast, the children of an Omani woman married to a foreigner are subject to strict conditions, such as the death, divorce, or abandonment of the spouse, and prolonged lawful residence requirements. Furthermore, the foreign husband of an Omani woman must reside in Oman for 10 years before applying for nationality, whereas the foreign wife of an Omani man only needs 8 years. In the event of the death or divorce of the Omani wife, her foreign husband is not eligible to apply for nationality, even if they have Omani children. Similarly, if an Omani woman loses her foreign husband or divorces him, she must wait 5 years before applying for naturalisation for her children, or 10 years in cases of abandonment or disappearance. This continues to reflect the ongoing lack of gender equality in the Omani Nationality Law.