Article 976 – The following persons are considered to be Iranian subjects:
1 – All persons residing in Iran except those whose foreign nationality is established; the foreign nationality of such persons is considered to be established if their documents of nationality have not been objected to by the Iranian Government.
2- Those whose fathers are Iranians, regardless of whether they have been born in Iran or outside of Iran;
4 – Persons born in Iran of foreign parents, one of whom was also born in Iran.
5 – Persons born in Iran of a father of foreign nationality and have resided at least one more year in Iran immediately after reaching the full age of 18; otherwise, their naturalization as Iranian subjects will be subject to the stipulations for Iranian naturalization laid down by the law.
6 – Every woman of foreign nationality who marries an Iranian husband.
7- Every foreign national who has obtained Iranian nationality
Note – Children born of foreign diplomatic and consular representatives are not affected by Clauses 4 and 5 of this Article.
Article 977 – (a) If persons mentioned in Clause 4 of Article 976 wish to accept the nationality of their fathers, they must submit a written request to the Ministry of Foreign Affairs to which they should annex a certificate issued by the national Government of their fathers to the effect that the said Government would recognize them as their own nationals.
(b) If persons mentioned in Clause 5 of Article 976 after reaching the full age of 18 years wish to remain of the nationality of their fathers, they must, within a period of one year, submit a written request to the Ministry of Foreign Affairs to which they should annex a certificate from their father’s national Government indicating that the said Government would recognize them as its own nationals.
Article 978 – Reciprocal treatment will be observed in the case of children born in Iran of nationals of countries where children born of Iranian subjects are considered nationals of that country and the return of such children to Iranian nationality is made dependent on permission.
Article 979 – Persons can obtain Iranian nationality if they:
2- Have resided in Iran for five years, whether continuously or intermittently;
4 – Have not been convicted of non – political major misdemeanors or felonies in any country;
In the case of Clause 2 of this Article, the period of residence in foreign countries in the service of the Iranian Government will be considered as residence in Iran.
Article 980 – Those opting for Iranian nationality who have rendered services or notable assistance to public interests in Iran, or who have Iranian wives by whom they have children, or who have attained high intellectual distinctions or who have specialized in affairs of public interest may be accepted as nationals of the Islamic Republic of Iran without the observance of the requirement of residence, subject to the sanction of the Council of Ministers and provided that the Government considers their naturalization to Iranian nationality to be advisable. (Amended in accordance to the Law on Amendment of Several Articles of the Civil Law, 1991)
Article 981 – This Article was repealed. (Amended in accordance to the Law on Amendment of Several Articles of the Civil Law, 1991)
Article 982 – Those who have obtained or obtain Iranian nationality will enjoy all rights recognized for Iranians but cannot attain the following positions:
2 – Membership in the Council of Guardians and position of chief of the Judiciary,
3- Ministry, deputy ministry, positions of governor – general and governorship,
4- Membership of the Islamic consultative Assembly,
5 – Membership in provincial, or district councils, or municipal councils
6 – Employment with the Ministry of Foreign Affairs, or attaining any diplomatic position or being appointed on diplomatic delegations.
8 – The highest – ranking command positions in the Army, the Revolutionary Guard Corps and the Law Enforcement Forces.
9- Important intelligence and security positions. (Amended in accordance to the Law on Amendment of Several Articles of the Civil Law, 1991)
Query law of Article 982 of Civil Law
It has been stipulated in Article 982 of the civil law recently ratified by the Islamic Consultative Assembly that persons who have attained or attain Iranian nationality cannot secure positions of judge. Does the aforementioned article also apply to persons who were appointed to judge positions before the ratifications of this law and who possess the rights appertaining to it? Should they be prevented from holding such positions in the future?
Single Article – Taking the beginning phrase of Article 982 into consideration, persons who obtain Iranian nationality after the adoption of this law will not be able to secure positions of judge. However, this limitation does not apply to persons who attained Iranian nationality and held judge positions prior to the adoption of this law.
The aforementioned law consisting of a single article was ratified by the Islamic Consultative Assembly at the session on Tuesday September 16, 1993 and was approved by the Guardian Council 10.14.1993.
Speaker of the Islamic Consultative Assembly – Ali Akbar Nategh Nouri
Article 983 – An application for naturalization must be submitted to the Ministry of Foreign Affairs directly or through the Governors or Governors-General, and be accompanied by the following documents:
1 – Certified copies of identity documents of the applicant, his wife and children.
2 – Certificate from the police stating the period of residence of the applicant in Iran, his clean record, and possession of sufficient property or of employment which ensures a livelihood. The Ministry of Foreign Affairs will complete, if necessary, the particulars concerning the applicant and will send them to the Council of Ministers in order that they make an appropriate decision in rejecting or approving the application. If the application is approved, a document of nationality will be submitted to the applicant.
Article 984 – The wife and minor children of those who obtain Iranian nationality in accordance with this Act will be recognized as Iranian nationals but the wife can submit, within one year of the date of issue of nationality documents to her husband, and the minor children can submit, within one year after reaching the full age of 18, a written request to the Ministry of Foreign Affairs thereby accepting the former nationality of her husband or the father as the case may be, provided, however, that the certificate mentioned in Article 977 is attached to the declaration of the children whether male or female.
Article 985 – Adoption of Iranian nationality by the father in no way affects the nationality of his children who may have attained the full age of 18 at the date of the father’s application for naturalization.
Article 986 – A non – Iranian wife who may have acquired Iranian nationality through marriage, can revert to her former nationality after divorce or the death of her Iranian husband, provided that she informs the Ministry of Foreign Affairs in writing of the facts, but a widow who has children from her former husband cannot take advantage of this right so long as her children have not attained the full age of 18. In any case, a woman who may acquire foreign nationality according to this Article cannot possess any immovable property except within the limits fixed for foreign nationals. If she possesses immovable property more than that allowed in the case of foreign nationals, or if subsequently she comes into possession of such property through inheritance exceeding that limit, she must transfer by some means or other to Iranian nationals the surplus amount of the immovable property within one year from the date of her renunciation of Iranian nationality or within one year from the date of acquiring the inherited property. If there is Failure to fulfill the requirements, the property in question will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to her after the deduction of the expenses of the sale.
Article 987 – An Iranian woman marrying a foreign national will retain her Iranian nationality unless according to the law of the country of the husband the latter’s nationality is imposed by marriage upon the wife. But in any case, after the death of the husband or after divorce or separation, she will re – acquire her original nationality together with all rights and privileges appertaining to it by the mere submission of an application to the Ministry of Foreign Affairs, to which should be annexed a certificate of the death of her husband or the document establishing the separation.
Note 1– If the law of nationality of the country of the husband leaves the wife free to preserve her former nationality or to acquire the nationality of her husband, the Iranian wife who opts to acquire the nationality of the husband and who has proper reasons for doing so can apply in writing to the Ministry of Foreign Affairs and the Ministry can accord her request.
Note 2 – Iranian women who acquire foreign nationality by marriage do not have the right to possess landed property if this would result in the economic dominance of a foreigner. The finding of this issue is the responsibility of a commission comprising representatives of the Ministry of Foreign Affairs, the Interior Ministry and the Intelligence Ministry.
The provisions of Article 988 and its note on persons who have renounced Iranian nationality and must leave do not apply to the above – mentioned women. (Amended in accordance to the Law on Amendment of Several Articles of the Civil Law, 1991)
Article 988 – Iranian nationals cannot abandon their nationality except on the following conditions:
2 – That the Council of Ministers has allowed their renunciation of their Iranian nationality.
3 – That they have previously undertaken to transfer, by some means or other, to Iranian nationals, within one year from the date of the renunciation of their Iranian nationality, all the rights that they possess on landed properties in Iran or which they may acquire by inheritance although Iranian laws may have allowed the possession of the same properties in the case of foreign nationals. The wife and children of the person who renounces his nationality according to this Article do not lose their Iranian nationality, whether the children are minors or adult, unless the permission of the Council of Ministers allows them to renounce their nationality;
4 – That they have completed their national military service.
Note A -Those who may venture to apply for the renunciation of their Iranian nationality according to this Article in favor of a foreign nationality must, besides carrying out the stipulations of Clause 3 of this Article, leave Iran within three months. If they fail to do so, the proper authorities will issue Deportation Orders for their expulsion and will sell their property. The above – mentioned prescribed grace period may be extended subject to the approval of the Ministry of Foreign Affairs up to a maximum period of one year.
Note B – The Council of Minister may in the course of approving the denunciation of nationality by an unmarried Iranian woman, approve the denunciation of the nationality of her children provided that they are without father or paternal grandfather and are less than 18 years of age, or otherwise lack legal capacity. Also her children of less than 25 years of age can denounce their nationality in conformity with their mother’s denunciation of nationality
Article 989 – In case any Iranian subject acquired foreign nationality after the solar year 1280 (1901 – 1902) without the observance of the provisions of law, his foreign nationality will be rendered null and void and he will be regarded as an Iranian subject. Nevertheless, all his landed property will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to him after the deduction of the expenses of sale. In addition, he will be disqualified to attain the position of Cabinet Minister or Deputy Minister or of membership in the Legislative Assemblies, Provincial and District Councils and Municipal Councils, or any other governmental positions.
Note – The Council of Ministers may on the basis of certain considerations, upon the request of the Ministry of Foreign Affairs, recognize the foreign nationality of those persons who are subject to this Article. Such persons may be given, with the approval of the Ministry of Foreign Affairs, the permission to visit or reside in Iran.
Article 990 – Iranian subjects who may have personally, or whose fathers may have renounced Iranian nationality in accordance with the provisions of law and who may wish to re – acquire their original nationality can be reinstated in their Iranian nationality by a mere application unless the Government may deem the grant of their application to be inadvisable.
Article 991-Particulars and instructions concerning the enforcement of the law of nationality and the exaction of the administrative fees in the case of those who may apply for naturalization as nationals of the Islamic Republic of Iran, or renunciation of Iranian or retention of original nationality, will be specified in the regulations which will have to be sanctioned by the Council of Ministers. (Amended in accordance to the Law on Amendment of Several Articles of the Civil Law, 1991)
Article 1060 – Marriage of an Iranian woman with a foreign national is dependent, even in cases where there is no legal impediment, upon special permission of the Government.
Law on determining the nationality of children who are the result of marriage between Iranian women and foreign men
Single Article – Children who are the result of marriage between foreign men and Iranian women, who have been born in Iran, or are born in Iran within one year from the date of the ratification of this law, will be able to apply for Iranian citizenship when they reach the full age of 18. These persons will be accepted as Iranian citizens if they lack criminal records or security violation backgrounds and renounce their non-Iranian citizenship. The Interior Ministry obtains evidence of the birth of the child in Iran as well as the issuing of marriage permit as stipulated in Article 1060 of the Civil Law, and the Law Enforcement Forces after being informed by the Interior Ministry issue the residence permit of the foreign father stipulated in this article. Children concerned with this article are permitted to reside in Iran prior to obtaining citizenship.
Note 1– If persons to whom this Articles applies, are older than 18 years of age at the time of the approval of this article, they must, within a period of one year, apply for Iranian citizenship.
Note 2 – Persons who after the date of the ratification of this law are born in Iran, are the result of marriage between a foreign man and an Iranian woman, and the marriage of their parents has been registered from the inception of the marriage in compliance with Article 1060 of the Civil Law, will be accepted as Iranian citizens within one year after reaching the full age of 18 and without meeting the residence requirement stipulated in Article 979 of the Civil Law.
The Aforementioned law which consists of a single article and two notes was ratified during the open meeting of the Islamic Consultative Assembly on Sunday September 11, 2006 and was approved by the Guardian Council 09.21.2006.
Speaker of the Islamic Consultative Assembly – Gholam Ali Haddad Adel