Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Conditions for Marriage Between a Saudi Woman and a Foreign Man

According to sources, Saudi women require permission from the government in order to marry a foreigner (Independent Researcher 15 Jan. 2018; Retired Associate Professor 12 Jan. 2018; US 3 Mar. 2017, 43). A 2017 article published by the UK-based newspaper The Independent states that "[w]omen who seek to marry foreigners must obtain approval to do [so] [from] the [M]inistry of [I]nterior, and marriage to non-Muslims is so difficult as to be impossible" (The Independent 27 Sept. 2017). In correspondence with the Research Directorate, an independent researcher, whose interests include nationality and statelessness, stated that there is a list of countries from which Saudis are prohibited from marrying; as such, "marriage to someone from those countries will not be recognized by the Saudi government" (Independent Researcher 15 Jan. 2018). Information on the current list of countries of origin from which Saudis are prohibited from marrying could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In a telephone interview with the Research Directorate, an Associate Professor of Women's History who is retired from King Saud University in Saudi Arabia, and who is also a writer for a Riyadh newspaper, stated that the process of getting permission can take a long time, citing an example of a relative for whom the process took one and a half years (Retired Associate Professor 12 Jan. 2018). According to sources, various background checks are done as part of the process to grant permission, including security checks and the prospective husband's finances (Retired Associate Professor 12 Jan. 2018; Gulf News 13 Oct. 2016). The independent researcher noted that "if the government does not recognize the marriage, the couple will be subject to criminal penalties if, while in Saudi Arabia, they are living in the same residence or if they have children together, as adultery is criminalized, including with the death penalty" (Independent Researcher 15 Jan. 2018).

According to sources, in October 2016, a list of regulations was issued regarding marriage between Saudi citizens and foreigners (US 3 Mar. 2017, 34; Gulf News 13 Oct. 2016). Various conditions must be met in order for Saudi women to marry a foreign man, including:

• The Saudi woman must be between the ages to 30 and 55 (US 3 Mar. 2017, 34; Gulf News 13 Oct. 2016), with the exception that if she has "a physical handicap or special needs, including being born to unknown parents," the minimum age is lowered to 27 and should be approved by the Social Affairs Ministry (Gulf News 13 Oct. 2016);
• The age difference between the prospective spouses cannot be more than ten years (US 3 Mar. 2017, 35; Gulf News 13 Oct. 2016);
• The non-Saudi man cannot be already married, or have previously married a Saudi woman (Gulf News 13 Oct. 2016);
• The Saudi woman must sign a statement acknowledging that neither her spouse nor her children will necessarily have the right to be granted Saudi citizenship (Gulf News 13 Oct. 2016);
• The foreign man "must not have been a member of the military in a foreign country" and "must not be on the lists of those banned from entering Saudi Arabia" (Gulf News 13 Oct. 2016);
• The foreign man must have a monthly salary of at least 5,000 Saudi Arabian Riyals (SAR) [approximately C$1,652] (Gulf News 13 Oct. 2016);
• The foreign man must have "a valid residence permit" and must "possess an appropriate family residence" (Gulf News 13 Oct. 2016);
• The non-Saudi man must "present a certificate showing that he has no criminal record in his country of origin and in Saudi Arabia" (Gulf News 13 Oct. 2016);
• The prospective spouses must complete medical examinations and drug testing (US 3 Mar. 2017, 35; Gulf News 15 Dec. 2016).

2. Residence Status of Foreign Husbands Married to Saudi Women

According to sources, in December 2012, Saudi Arabia's government issued Decision No. 406, which allows Saudi women to sponsor the residence of their foreign husbands (UN and IOM 2015, 85; GLMM n.d.a).

According to the US Department of State's Country Reports on Human Rights Practices for 2016, in 2013, the government

clarified regulations governing the status of non-Saudi men married to Saudi women. Foreign male spouses of female citizens are entitled to permanent residency in the country without needing a sponsor … (US 3 Mar. 2017, 34)

The retired Associate Professor indicated that foreign husbands of Saudi women are not granted automatic nationality, but can apply for residency (Retired Associate Professor 12 Jan. 2018). According to a Saudi-based journalist who has been covering Saudi Arabia since 2004, "foreign husbands of Saudi women are given permanent full-time residency in Saudi Arabia. Their residency permit must be renewed every five years" (Journalist 9 Jan. 2018).

According to the same source, "while foreign husbands are eligible for Saudi citizenship," it is "rarely awarded" (Journalist 9 Jan. 2018). According to a 2016 article in Arab News,

[n]on-Saudi husbands can obtain citizenship through a point system, although achieving the appropriate number of points to qualify for nationality can be elusive under the government's strict guidelines concerning the length of residency, education and the type of job he holds. (Arab News 14 Oct. 2016)

2.1 Access to Employment, Health Care and Other Services

According to US Country Reports 2016, foreign male spouses of female citizens "receive free government education and medical benefits" (US 3 Mar. 2017, 34). A 2016 report by the UN Committee on the Elimination of Racial Discrimination (CERD), states that, following the promulgation of "[o]rders and decrees," foreign men married to Saudi women will have access to medical treatment paid by the state, "if under their wives' sponsorship" (UN 10 Oct. 2016, para. 118).

According to the same source, a foreign man married to a Saudi woman "shall be allowed to work in the private sector on condition that he holds a recognized passport" (UN 10 Oct. 2016, para. 27). US Country Reports 2016 states that foreign male spouses are "counted in the quota of Saudis employed in private companies under the 'nitaqaat,' or labor quota system, which improves their employment prospects" (US 3 Mar. 2017, 34). According to the journalist,

foreign husbands are eligible for employment in the private sector and free medical care. While employed in the private sector, husbands are treated with full Saudi rights. Due to Saudization … in which employers must employ a specific percentage of Saudis to meet their quotas, foreign husbands of Saudi wives are treated as a Saudi employee with all the attendant rights of a Saudi citizen as an employee. (Journalist 9 Jan. 2018)

The journalist stated that a royal decree has been issued outlining these rights, noting that it has been implemented, but

not all sectors comply with the royal decree. This is not to say that government entities or private employers refuse services or employment, but not all agencies adhere strictly to the spirit and letter of the royal decree. Generally, agencies do follow the decree, but often red tape or ill-informed employees stymie implementation. However, there has been improvement over the last year or so. (Journalist 9 Jan. 2018)

According to the retired Associate Professor, regarding employment, foreign husbands of Saudi women are treated as foreigners and lack protections; they are subject to laws applied to expatriate workers (Retired Associate Professor 12 Jan. 2018). She further noted that foreign husbands who are not highly qualified may have difficulty finding employment (Retired Associate Professor 12 Jan. 2018). For information on the residence status of foreign workers in Saudi Arabia, see Response to Information Request ZZZ106013 of November 2017.

3. Residence Status of Children Born to Foreign Fathers and Saudi Mothers

Sources explain that the December 2012 Decision No. 406 allows Saudi women to sponsor their children (UN and IOM 2015, 85; GLMM n.d.a). The 2016 CERD report states that according to the Decision, the "State shall pay the residence fees of the children" (UN 10 Oct. 2016, 11). A summary of the Decision on the website of the Gulf Labour Markets, Migration and Population (GLMM) Programme [3] similarly states that "the government shall bear the cost of [the children's] residence"(GLMM n.d.a). The Independent Researcher stated that Saudi Arabia has frequently announced policy changes related to children of Saudi mothers, but "these policy changes have not always been implemented, or implemented evenly" (Independent Researcher 15 Jan. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the journalist, the children of foreign fathers and Saudi mothers are given the same rights as foreign husbands: "permanent full-time residency," which must be renewed every five years (Journalist 9 Jan. 2018).

According to sources, the residence status of the children of Saudi women who are married to foreign men is revoked upon the death of the mother (Retired Associate Professor 12 Jan. 2018; Saudi Gazette 8 Sept. 2017). The retired Associate Professor noted that they will lose their status and will need to find someone else to be a guarantor, or they will have to leave the country (Retired Associate Professor 12 Jan. 2018). According to an article in the Saudi Gazette, an English-language daily newspaper, and attributed to Al-Madina,

[a]ll the privileges they enjoyed when their mother was alive, such as free education and medical care, come to an end. Those sons and daughters are then treated as if they were expatriate workers recruited from overseas. They have to find a Saudi sponsor and pay the fees imposed on expatriate workers. (Saudi Gazette 8 Sept. 2017)

Sources state that children of Saudi women and foreign fathers cannot inherit property (Retired Associate Professor 12 Jan. 2018; Saudi Gazette 8 Sept. 2017).

The retired Associate Professor stated that they experience societal discrimination, including "racist speech and hate speech" and social stigma (Retired Associate Professor 12 Jan. 2018). A 2017 article published in the Saudi Gazette, attributed to Al-Watan, describes marriage to a non-Saudi man by a Saudi woman as a "'societal' crime" that will bring associated "consequences," noting that women may even face expulsion, "albeit indirectly," by her children, or "complexities in family's life" (Saudi Gazette 31 Oct. 2018).

3.1 Access to Citizenship

According to sources, the children of foreign fathers and Saudi mothers do not automatically receive citizenship (Journalist 9 Jan. 2018; Retired Associate Professor 12 Jan. 2018). US Country Reports 2016 indicates that "nationality laws do not allow Saudi women married to foreign nationals to pass their nationality to their children" (US 3 Mar. 2017, 34). According to the Saudi Gazette article attributed to Al-Watan, "[s]ons of Saudi women married to foreigners are not given nationality hence they are not entitled to public housing schemes or government loans[,] except in special cases" (Saudi Gazette 31 Oct. 2018). Without providing further details, the Saudi Gazette article attributed to Al-Madina states that "[i]n 2012, the laws were amended to give both sons and daughters of Saudi women the right to become Saudi citizens if they met seven requirements," but that one of these, the need for the "mother to prove that her paternal grandfather was or is Saudi" has proven to be "difficult to meet," [1] and that "even those who have met all of the seven requirements have still not been granted Saudi citizenship" (Saudi Gazette 8 Sept. 2017). Likewise, the retired Associate Professor indicated that granting nationality is a long process, which can be started once the children are 18 years old; they can earn "points" based on various factors including education and parentage, but this does not "guarantee" nationality, which remains at the discretion of the Ministry of Interior (Retired Associate Professor 12 Jan. 2018). In correspondence with the Research Directorate, a campaign manager at Global Campaign for Equal Nationality Rights [2], speaking on her own behalf, noted that Saudi Arabia has

a complicated point system, per Section 8 of the Implementing Regulation of the Saudi Nationality Law, which is supposed to govern decisions regarding the acquisition of nationality, if the applicant meets the minimum requirements outlined in the Saudi Arabian Citizenship System. (Campaign Manager 16 Jan. 2018; emphasis in original)

According to a joint submission by the Global Campaign for Equal Nationality Rights and Equality Now [4] to the July 2017 Pre-Sessional Working Group of the Committee on the Elimination of Discrimination against Women (CEDAW), the conditions of eligibility for nationality for a person born to a Saudi mother and a foreign father include

permanent residence at the time of maturity; good conduct, which includes not being punished for a penal crime or imprisoned for more than six months for a crime against morality; good command of the Arabic language; and submitting his application for nationality within one year of coming of age. (Global Campaign and Equality Now 5 July 2017, 2)

The campaign manager noted that these conditions make the individual "eligible to apply for Saudi nationality," but that "the Minister of Interior has the right to reject the application of Saudi citizenship without mentioning the reasons" (Campaign Manager 16 Jan. 2018; emphasis in original).

According to sources, Saudi women married to foreign men, as well as their children, are subject to legal discrimination (Saudi Gazette 8 Sept. 2017; Global Campaign and Equality Now 5 July 2017, 4), as "the right to confer nationality on spouses and children is also reserved for naturalized Saudi men, a right that is denied Saudi women" (Global Campaign and Equality Now 5 July 2017, 2).

3.2 Access to Employment

According to sources, children of foreign fathers and Saudi mothers cannot be employed in the public sector (Journalist 9 Jan. 2018; Saudi Gazette 8 Sept. 2017). However, sources state that they have the right to employment in the private sector (Journalist 9 Jan. 2018; UN 10 Oct. 2016, para. 27; GLMM n.d.a). Sources add that they are also to be treated as Saudis under the Saudization programme (UN 10 Oct. 2016, para. 27; GLMM n.d.a). In correspondence with the Research Directorate, a scientific coordinator who specializes in political demography at the Gulf Labour Markets, Migration and Population (GLMM) Programme , indicated that regulations that allow the residence and employment of the foreign children of Saudi mothers is [translation] "a means to promote employment in the private sector" (Scientific Coordinator 15 Jan. 2018). Without providing further details, sources indicate that, in late 2017, a policy was announced that increases access for the children of Saudi mothers to additional types of employment opportunities (Retired Associate Professor 12 Jan. 2018; StepFeed 25 Oct. 2017).

According to the Saudi Gazette article attributed to Al-Madina,

[t]he sons and daughters of Saudi mothers cannot represent their mothers before government agencies and are banned from 31 jobs that are restricted to Saudi citizens. They do not get social insurance nor do they get the same salary a Saudi would get if employed in the private sector. They usually get paid less than Saudis. They also do not get pensions. (Saudi Gazette 8 Sept. 2017)

3.3 Access to Education

The retired Associate Professor stated that the children of Saudi women and foreign fathers have free admission to government schools and universities (Retired Associate Professor 12 Jan. 2018). According to the GLMM, citing Council of Ministers Decision No. 406, they are to be "'granted the rights of Saudi citizens'" in the area of education (GLMM n.d.a). The journalist indicated that children of Saudi women and foreign fathers "receive a free public education and can attend any Saudi university and receive a stipend of 1,000 SAR [approximately C$330] monthly" (Journalist 9 Jan. 2018). The retired Associate Professor indicated that some children of Saudi mothers and foreign fathers have expressed that there are differences in practice compared to existing policies, such as the unavailability of funds in practice, in spite of royal orders granting "university allowances" (Retired Associate Professor 12 Jan. 2018). According to sources, children of Saudi women and foreign fathers are not eligible for government scholarships to study abroad (Retired Associate Professor 12 Jan. 2018; Saudi Gazette 8 Sept. 2017), although Saudi Arabia has a very large scholarship program to send students abroad (Retired Associate Professor 12 Jan. 2018). According to the retired Associate Professor, they face additional difficulties to study abroad because of the requirement to return to Saudi Arabia every six months to ensure the validity of their visa (Retired Associate Professor 12 Jan. 2018).

3.4 Access to Healthcare

According to sources, the children of Saudi mothers and foreign fathers have access to state-sponsored medical care (Retired Associate Professor 12 Jan. 2018; Journalist 9 Jan. 2018; UN 10 Oct. 2016, para. 118). According to the GLMM, citing Council of Ministers Decision No. 406, they are to be "'granted the rights of Saudi citizens'" in the area of healthcare (GLMM n.d.a).

4. Ability to Travel In and Out of Saudi Arabia

According to the journalist,

[f]oreign husbands of Saudi wives and their children are permitted to travel freely outside Saudi Arabia as long as they have an entry/exit visa. Since the Saudi wife/mother is the sponsor of her foreign husband and children, only she can grant permission for them to leave and enter the country by issuing an entry/exit visa under her name. (Journalist 9 Jan. 2018)

According to the Scientific Coordinator, the possibility of expulsion would apply to a foreign spouse whose residence documents had expired (Scientific Coordinator 15 Jan. 2018).

According to sources, for a six month visa, fees increased to 2,000 SAR [approximately C$661] for a single entry, and 3,000 SAR [approximately C$991] for a multi-entry visa (Retired Associate Professor 12 Jan. 2018), as of October 2016 (Al Arabiya 2 Oct. 2016). The retired Associate Professor noted that the fees were previously 200 SAR [approximately C$66] for a single-entry visa, and that foreign husbands who do not have jobs "are at the mercy of this visa issue" (Retired Associate Professor 12 Jan. 2018).

5. Country of Origin of the Foreign Husband

According to the Scientific Coordinator, [translation] "different treatment depending on the nationality of the husband is possible, especially if he could be suspected of anti-Saudi sympathy regarding the ongoing conflict in Yemen," while noting that it is important to remember that "the application of the law in Gulf countries is erratic and variable. Even if rights are provided for, it is impossible to know whether or not they will be applied" (Scientific Coordinator 15 Jan. 2018). The retired Associate Professor noted that the Yemeni issue is "very complicated" and that the situation for Yemenis "fluctuates and is sometimes more difficult" (Retired Associate Professor 12 Jan. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] According to the article in the Saudi Gazette attributed to Al-Madina, "Saudi IDs were introduced in 1942, meaning the Saudi mother whose paternal grandfather passed away before 1942 would never be able to meet [this requirement]" (Saudi Gazette 8 Sept. 2017).

[2] The Global Campaign for Equal Nationality Rights "mobilizes international action for the removal of gender discriminatory provisions from all nationality laws through its coalition of national and international organizations and activists," and its Steering Committee includes members from Equality Now, Equal Rights Trust, the Institute on Statelessness and Inclusion, and the "Women's Refugee Commission, which houses the Global Campaign" (Global Campaign and Equality Now 5 July 2017, 1).

[3] The GLMM is "an international independent, non-partisan, non-profit joint programme" that "provides data, analyses, and recommendations contributing to the improvement of understanding and management of Gulf labour markets, migration and population" (GLMM n.d.b). 

[4] Equality Now is an "international human rights organization with ECOSOC [United Nations Economic and Social Council] status working to protect and promote the rights of women and girls worldwide"; it was founded in 1992 and has member individuals and Equality Now organizations in over 190 countries (Global Campaign and Equality Now 5 July 2017, 1-2).

References

Al Arabiya. 2 October 2016. "Saudi Arabia to Implement New Visa Application Fee." [Accessed 22 Jan. 2018]

Arab News. 14 October 2016. Sabria S. Jawhar. "Saudi Citizenship Rules Need a Review." [Accessed 9 Jan. 2018]

Campaign Manager, Global Campaign for Equal Nationality Rights. 16 January 2018. Correspondence with the Research Directorate.

Global Campaign for Equal Nationality Rights and Equality Now. 5 July 2017. Joint Submission to CEDAW's Pre-Sessional Working Group (24 July 2017 - 28 July 2017). [Accessed 17 Jan. 2018]

Gulf Labour Markets, Migration, and Population (GLMM) Programme. N.d.a. "Saudi Arabia: Council of Ministers Decision No. 406 of 2012 Concerning Special Arrangements for the Children of Saudi Women Married to Foreigners." [Accessed 22 Jan. 2018]

Gulf Labour Markets, Migration, and Population (GLMM) Programme. N.d.b. "About." [Accessed 15 Jan. 2018]

Gulf News. 15 December 2016. Habib Toumi. "Drug Test Mandatory for Marriages in Saudi Arabia." [Accessed 9 Jan. 2018]

Gulf News. 13 October 2016. Habib Toumi. "Saudi Nationals Need Special Permission to Marry Foreigners." [Accessed 9 Jan. 2018]

The Independent. 27 September 2017. Bethan McKernan. "Eight Things Women Still Can't Do in Saudi Arabia." [Accessed 26 Jan. 2018]

Independent Researcher. 15 January 2018. Correspondence with the Research Directorate.

Journalist, Saudi Arabia. 9 January 2018. Correspondence with the Research Directorate.

Retired Associate Professor, King Saud University, Saudi Arabia. 12 January 2018. Telephone interview with the Research Directorate.

Saudi Gazette. 31 October 2017. Maram Makkawi. "Granting Citizenship to Saudi Women's Expatriate Sons." [Accessed 17 Jan. 2018]

Saudi Gazette. 8 September 2017. Suhaila Zain Al-Abideen. "Sons and Daughters of Saudi Mothers Married to Non-Saudi Fathers." [Accessed 15 Jan. 2018]

Scientific Coordinator, Gulf Labour Markets, Migration, and Population (GLMM) Programme. 15 January 2018. Correspondence with the Research Directorate.

StepFeed. 25 October 2017. Mariam Nabbout. "Expats in Saudi Arabia Will Only Be Allowed to Obtain 1 Year Work Visas." [Accessed 9 Jan. 2018]

United Nations (UN). 10 October 2016. Committee on the Elimination of Racial Discrimination. Consideration of Reports Submitted by States Parties Under Article 9 of the Convention. Fourth to Ninth Periodic Reports of States Parties due in 2006: Saudi Arabia. (CERD/C/SAU/4-9) [Accessed 10 Jan. 2018]

United Nations (UN) and International Organization for Migration (IOM). 2015. Economic and Social Commission for Western Asia (ESCWA). 2015 Situation Report on International Migration: Migration, Displacement and Development in a Changing Arab Region. (E/ESCWA/SDD/2015/1) [Accessed 10 Jan. 2018]

United States (US). 3 March 2017. Department of State. "Saudi Arabia." Country Reports on Human Rights Practices for 2016. [Accessed 9 Jan. 2018]

Additional Sources Consulted

Oral sources: Center for Democracy and Human Rights in Saudi Arabia; Institute for Gulf Affairs; law firms in Saudi Arabia; researchers whose work focuses on law, citizenship and immigration in Saudi Arabia.

Internet sites, including: Al Jazeera; Al-Monitor; Amnesty International; The Arab Weekly; Austrian Centre for Country of Origin & Asylum Research and Documentation; BBC; The Brookings Institution; ecoi.net; European Saudi Organisation for Human Rights; Factiva; Fédération internationale des ligues des droits de l'homme; Freedom House; The Guardian; Gulf Business; Haaretz; Human Rights Watch; International Crisis Group; IRIN; The Jamestown Foundation; Michigan Journal of Gender and Law; Minority Rights Group International; The Muslim World; Radio Free Euope/Radio Liberty; Reuters; Saudi Arabia – Ministry of Interior; The Telegraph; UN – Office for the Coordination of Humanitarian Affairs, OHCHR, Refworld, UNHCR.