אזרחות על פי מוצא אבהי (jus sanguinis)
אזרחות בUnited Arab Emirates
- זכאות
- כל מי שנולד במדינה או בחו"ל לאב שהוא אזרח איחוד האמירויות הערביות מכוח החוק, רוכש אזרחות באופן אוטומטי (עקרון "דם האב" – jus sanguinis). זוהי הדרך המקובלת ביותר.
- ויתור על אזרחות
- לא נדרש
סקירה כללית
AE-BTH-01 is the United Arab Emirates' dominant operative citizenship route: paternal jus sanguinis (citizenship by descent through a national father). Federal Law No. 17 of 1972 Concerning Nationality and Passports, Article 2(b), provides that 'Anyone born in the State or abroad to a father who is a national of the State by operation of law' is himself or herself 'a national who shall be deemed to have acquired nationality by operation of law' (Art 2 chapeau). The acquisition is automatic and unconditional: it requires no application, residence period, age threshold, language test, oath, or discretionary grant. The trigger is a single status fact — that the child's father is, at the relevant time, a UAE national by operation of law (bi quwwat al-qanun). Because the UAE has no general jus soli (Constitution Art 120(16) makes nationality an exclusive federal matter; Evidence confirms birth on UAE soil alone confers nothing), descent is the overwhelmingly normal way a UAE citizen is born. Article 2(b) sits first among the descent limbs (b)-(d) of the closed Art 2 list, ahead of the narrower maternal limbs and the foundling rule (Art 2(e)). Pinned to Evidence and, this route is the spine of the entire UAE nationality regime — every other acquisition mechanism (naturalization, marriage, nomination) is measured against the unconditional, patrilineal, territory-indifferent grant that Art 2(b) confers.
מי זכאי
Eligibility under Art 2(b) reduces to a single load-bearing fact pattern, established at the moment of birth: the child's FATHER must be a UAE national BY OPERATION OF LAW at the relevant time. Note the precise statutory wording — 'a father who is a national of the State by operation of law' (Art 2(b)). This phrasing has consequences explored in the tiers below: on a strict reading it points to fathers who themselves hold nationality bi quwwat al-qanun (the Art 2 category), as distinct from fathers who hold nationality by naturalization (Arts 5-9) or citizenship-grant (Art 3). What is NOT required is striking: no minimum residence, no birth on UAE territory ('born in the State OR abroad' — Evidence), no age of the child, no language proficiency, no good-conduct screening, no renunciation of any other nationality the child may hold jure soli or through a foreign mother, and no application to perfect the status (documentation merely evidences a nationality already held). The mother's nationality is legally irrelevant to the Art 2(b) limb — a UAE father transmits 'unconditionally and patrilineally regardless of the mother's nationality' (Evidence ). The only genuinely contestable input is paternity itself: Art 2(b) presupposes a legally-established father-child relationship (filiation/nasab). Where paternity is legally established to a UAE national father, nationality follows automatically; where it is not, the case falls out of Art 2(b) and into the narrower maternal limbs Art 2(c)/(d) or the discretionary Art 10 Bis grant.
בסיס משפטי
The operative provision is Federal Law No. 17 of 1972, Article 2(b): 'Anyone born in the State or abroad to a father who is a national of the State by operation of law.' Three statutory hooks frame it. First, Article 1: 'Nationality shall be acquired by operation of law, through citizenship and by naturalization in accordance with the provisions of the following articles' — establishing 'by operation of law' (Art 2) as a category distinct from discretionary citizenship (Art 3) and naturalization (Arts 5-9). Second, the Article 2 chapeau: 'A national who shall be deemed to have acquired nationality by operation of law is:' — making the limbs (a)-(e) a closed, self-executing list rather than eligibility criteria for a grant. Third, Article 1 Bis (inserted by Decree-Law 16/2017) defines 'National' as 'Any person who holds citizenship of the State in accordance with the provisions of this Decree-law and its Executive Regulations.' Constitutionally, Art 8 provides 'The citizens of the UAE shall have a single nationality specified by law,' and Art 120(16) assigns 'the federal nationality, passports, residence and immigration' to exclusive federal jurisdiction (Evidence). Critically, Art 2(b) was NOT altered by the Decree-Law 16/2017 'Bis' reform: the paternal-descent limb is part of the original 1972 base text and has operated continuously since the statute entered into force on 28/12/1972. The temporal qualifier across the evidence base is uniform: 'in force since 28/12/1972 (Art 2 base, unamended as to (b)); as of 2026-06.'
תרחישים לדוגמה
התרחישים לדוגמה מוצגים באנגלית.
Eligible once paternal filiation is established (AE-BTH-01, Art 2(b))
Art 2(b) turns on the father being a UAE national by operation of law and on established filiation. Once legitimation/acknowledgment establishes nasab to the Emirati father under UAE family law, the child is a national by operation of law; recognition follows.
Eligible as to himself — UAE national by operation of law since birth (AE-BTH-01, Art 2(b)); but the question of how far the by-operation-of-law paternal line transmits to FURTHER generations is [NLR] — the decoded statute states no generational cap
Art 2(b) confers nationality by operation of law on a child of a father who is himself a national 'by operation of law', with no waiting period and irrespective of birthplace. On these facts each father in the chain (grandfather Art 2(a) -> father Art 2(b)) was a national by operation of law, so the applicant is a national by operation of law from birth. HONEST LIMIT: the decoded primary (Law 17/1972 Art 2(b)) does NOT state any generational cut-off for the by-operation-of-law paternal line, nor whether the 'by operation of law' character itself passes indefinitely down the male line. The question of indefinite multi-generational transmission is delegated to the Executive Regulation / ICP guidance and is NOT in the decoded statute -> [NLR] pinned to KCQ Q4.3 / AE-NLR-A2-03. Do NOT invent a generational cap to resolve this.
Eligible as a national — but the CHARACTER of the inherited nationality (by-operation-of-law vs naturalized-origin) across generations, and whether it ever converts to 'by operation of law', is [NLR] — the decoded statute does not specify
Where the founding ancestor is a national by NATURALIZATION, Art 10 carries derivative naturalized status to his minor children, and Art 2(b) on its face speaks of a father who is a national 'by operation of law'. The statute distinguishes 'by operation of law' from 'naturalized' and 'affiliation' nationals (e.g. Art 14 Bis; Art 13 political rights), which matters because Art 16 withdrawal reaches naturalized/affiliated nationals but NOT operation-of-law nationals (see AE-SCN-078). HONEST LIMIT: the decoded primary does NOT specify whether a paternal line descending from a NATURALIZED ancestor ever acquires the 'by operation of law' character in a later generation (e.g. for a grandchild born to a father who was himself born a national), nor does it state any generational cap. This by-operation-of-law-vs-naturalized-origin inheritance question is exactly the matter delegated to the Executive Regulation / ICP guidance -> [NLR] pinned to KCQ Q4.3 / AE-NLR-A2-03. The grandchild is a UAE national; the precise inherited CHARACTER (and its downstream Art 16 exposure) is not resolvable from the decoded statute and must not be inferred.
Eligible as to himself — Art 2(b) transmits irrespective of birthplace and carries no residence condition (AE-BTH-01); but whether prolonged multi-generational absence abroad ever caps onward by-operation-of-law transmission to his children is [NLR] — the decoded statute states no such cap
Art 2(b) expressly covers a child 'born in the State or abroad' to a UAE-national father by operation of law, with no residence requirement, so the applicant is a national by operation of law from birth despite lifelong residence abroad. By contrast, Art 16 unexcused-absence withdrawal (>2 years) reaches ONLY naturalized/affiliated nationals, not operation-of-law nationals (AE-SCN-078) — so absence does not, on the statute's face, strip HIM. HONEST LIMIT: the decoded primary does NOT state any generational cap on the by-operation-of-law paternal line, and does NOT condition onward transmission to his abroad-born children on any return-to/residence-in the State. Whether a multi-generational abroad-resident male line eventually loses the capacity to transmit by operation of law is not addressed in the decoded statute -> [NLR] pinned to KCQ Q4.3 / AE-NLR-A2-03. No generational or residence-based cap may be invented.
Eligible — UAE national automatically at birth (AE-BTH-01)
Art 2(b): anyone born in the State or abroad to a father who is a UAE national by operation of law acquires nationality automatically (paternal jus sanguinis). Mother's nationality and place of birth are irrelevant. No application, waiting period, or discretion.
Eligible — UAE national by operation of law from birth (AE-BTH-01)
Art 2(b) expressly covers a child 'born in the State or abroad' to a UAE-national father. Birth abroad does not defeat paternal transmission; the child was a national from birth and merely needs documentary recognition.
סיכום אינפורמטיבי שנערך ממקורות משפטיים ראשוניים — אינו ייעוץ משפטי. חוקי אזרחות משתנים; אמתו מול הרשות המוסמכת לפני שתפעלו. אומת לאחרונה ב-2026-06-21.
עקבו אחר שינויים במסלול זה
כללי מוצא והתאזרחות משתנים. נשלח לכם אימייל בשפה פשוטה כשמשהו שמשפיע על United Arab Emirates מתעדכן — ללא ספאם.