1. How is citizenship acquired in Kuwait? Is it by birth/blood (jus sanguinis) or by place of birth (jus soli)?
Kuwaiti citizenship is based on its Constitution. Its citizenship however, may be granted by government decree after satisfying certain conditions. Birth within Kuwait’s territory does not automatically confer citizenship. Kuwait does not recognize acquisition of citizenship through births in its territories by citizens of other countries. Its Nationality Law states that any person born in, or outside, Kuwait whose father is a Kuwaiti national shall be a Kuwaiti national himself. But children born out of wedlock to a Kuwaiti mother are citizens of Kuwait by decree.
2. What rules are applicable if the citizenship is acquired by jus sanguinis (i.e., one of the parents is a foreigner)?
If the child born in wedlock, whose father is a citizen of Kuwait, regardless of the child's country of birth, then the child is a Kuwaiti citizen. Likewise, in the case of children born out of wedlock, to a Kuwaiti mother and an unknown father, regardless of the child's country of birth, the citizenship of the child is Kuwaiti by decree.
3. If the parents are Filipinos and their application for citizenship in Kuwait is pending, will that affect the citizenship of the child born in Kuwait during that period?
Kuwaiti laws do not permit citizens from other countries to be Kuwaiti citizens under a Decree unless they have satisfied the following conditions:
1. That he has lawfully resided in Kuwait for at least 20 consecutive years or for at least 15 consecutive years if he is an Arab belonging to an Arab country. The requirement of consecutive residence shall not be affected if the applicant leaves Kuwait on official business. If he leaves for a reason other than that of official business, but retains the intention of returning, the period spent abroad shall be deducted from the total period of his residence in Kuwait;
2. That he has lawful means of earning his living, is of good character and has not been convicted of an honour-related crime or of an honesty-related crime;
3. That he has knowledge of the Arabic language;
4. That he possesses qualifications or renders services needed in Kuwait;
5. That he be an original Muslim by birth, or that he has converted to Islam according to the prescribed rules and procedures and that a period of at least 5 years has passed since he embraced Islam before the grant of naturalization. Nationality thus acquired is ipso facto lost and the Decree of naturalization rendered void ab initio if the naturalized person expressly renounces Islam or if he behaves in such a manner as clearly indicates his intention to abandon Islam. In any such case, the nationality of any dependant of the apostate who had acquired it upon the naturalization of the apostate is also rendered void.
4. If a child is born to a foreign father and therefore acquires the latter’s nationality, should s/he still be registered in the Philippines?
No. As the Nationality Laws of Kuwait provide, dual citizenship is not accepted. Once naturalized as Kuwaiti Citizen, the person must renounce any other citizen that s/he may have.
5. Why is it important to register the birth of a Filipino child outside the Philippines?
The act of registering confirms the Philippine citizenship of the child born outside of the Philippines. It is proof of the birth of the child and such document would be vital for the identification.
6. Who can register the birth of a Filipino child born in Kuwait?
Parents of the child may register the birth of said child.
7. What are the requirements for registering the birth of a Filipino child born in Kuwait?
The following are needed:
o Personal appearance
o Duly filled-up Report of Birth form (4 original copies)
o Arabic birth certificate of the child with authentication from the Ministry of Foreign Affairs and official English translation (plus 4 photocopies).
o Marriage certificate of the parents (DFA-authenticated NSO marriage certificate or Report of Marriage) (plus 4 photocopies)
o Passport and Civil ID, if any, of the parents (plus 4 photocopies)
8. What is the procedure for registering in Kuwait of the birth of a Filipino child in that country?
The person registering must go to the Philippine Embassy in Kuwait located at Block 6, Villa 153 Nouman Bin Basher St. corner Damascus St, Faiha. S/he must proceed to the Consular section from Sunday to Thursday for the processing and/or interview at 8:00AM to 12:30PM with the required documents.
9. When should I file the application for registration?
The birth of the child must be registered within 12 months after the birth of the child.
10. What happens if I register the birth of my child after 12 months?
When the parents neglect to report the birth within twelve (12) months, the birth may, nevertheless, be recorded upon the determination of the consular officer of satisfactory evidence on the authenticity of the report. In these cases, the person who executed the report shall furnish the Embassy or Consulate with an explanation surrounding the delay in reporting the birth. In the case of late registration, an additional fee applies.
11. Are there fees to be paid?
Yes. KD 7.5 for the Report of Birth.