Jordan: Residence status of non-Jordanian citizens who hold an "Identification Card for Sons of Jordanian Women," including renewal of residency status, access to education, health care, and other services; requirements and procedures to obtain the card (2016-September 2018) [JOR106168.E]

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Citizenship and Residency Status of Children of Jordanian Mothers and Foreign Fathers

Sources indicate that children of Jordanian mothers and foreign fathers are not transmitted Jordanian citizenship from their mothers (US 20 Apr. 2018, 23; Law Professor 13 Sept. 2018; AWO 16 Sept. 2018).

In correspondence with the Research Directorate, a law professor in Jordan stated that children of Jordanian mothers and foreign fathers "can get a residency permit in Jordan for the duration of a year [that is] renewable for similar periods," and that "if the children hold Palestinian citizenship, [the] … residency permit will [be valid for] two years [and] renewable for similar periods" (Law Professor 13 Sept. 2018). Similarly, in correspondence with the Research Directorate, an associate at a law firm in Amman indicated that children of Jordanian mothers and foreign fathers "are granted residency permits to be [renewed yearly]" (Associate 14 Sept. 2018). In contrast, in correspondence with the Research Directorate, a senior partner at another law firm in Amman stated that, "[i]n principle," the children of Jordanian mothers married to non-Jordanians can be granted "permanent residency to be renewed every five years" (Senior Partner 12 Sept. 2018). A lawyer and head of the corporate department of a law firm in Amman, in correspondence with the Research Directorate, explained that the status of the children of Jordanian mothers and foreign fathers is "unclear as it is regulated [by] decisions issued by the Cabinet and the competent authorities in Jordan, which means that it is [modifiable] according to frequent ministerial changes" (Lawyer 20 Sept. 2018). The same source added that there is no law that regulates their status, but rather only "'instructions and decisions,'" which do not have the weight of laws (Lawyer 20 Sept. 2018).

1.1 Requirements to Obtain a Residency Permit for Children of Jordanian Mothers and Foreign Fathers

In a follow-up correspondence with the Research Directorate, when asked whether children of Jordanian women have any advantage compared to other permanent residents regarding staying in Jordan and renewing their residency permit, the Law Professor stated that they only have to prove that their mother is Jordanian to obtain the residence status, whereas "others need a work permit or other legal [grounds] to reside in Jordan" (Law Professor 14 Sept. 2018). The Associate stated that children of Jordanian mothers and foreign fathers must have resided in Jordan for no less than two years to be granted a residency permit (Associate 14 Sept. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, a representative of the Arab Women Organization (AWO) [1] indicated that, according to an AWO legal expert from Jordan, on 10 September 2018, the Jordanian cabinet decided to "drop the requirement of uninterrupted residence for Jordanian women married to non-Jordanians for a period no less than five years before their children benefit from privileges and exceptions offered by the state" (AWO 20 Sept. 2018). Similarly, the Law Professor indicated that Jordanian mothers were previously required to have resided in Jordan for five years in order to enable their children to obtain a residency permit, but that a government decision issued on 10 September 2018 has waived this requirement (Law Professor 13 Sept. 2018).

2. Special Identification Card for Access to Services by Children of Jordanian Mothers and Foreign Fathers

Sources indicate that, on 9 November 2014, the Jordanian government issued Decision No. 6415 by which children of Jordanian mothers and foreign fathers would have access to employment, education, healthcare, investment, property ownership and driver's licenses (Associate 14 Sept. 2018; AWO 16 Sept. 2018). The AWO representative stated that Decision No. 6415 established a "special identification card" that would "ease access to these services" (AWO 16 Sept. 2018). Sources indicate that the card is valid for five years (Lawyer 19 Sept. 2018; Associate 14 Sept. 2018).

2.1 Services and Rights

The AWO representative stated, without providing further details, that according to information that she received from an AWO legal expert from Jordan, the identification card "does not give the non-citizen children of Jordanian mothers any added privileges [compared with] other permanent residents" (AWO 20 Sept. 2018).

The Associate specified that children of Jordanian mothers and foreign fathers

• have access to public education;
• like Jordanian citizens, do not enjoy free health care, unless it is provided by their employer;
• have the right to own property, "except in some identified fields which are exclusive[ly] for Jordanian[s]"; and
• can obtain a driver's license (Associate 14 Sept. 2018).

The Law Professor stated the following regarding access to services for children of Jordanian mothers and foreign fathers:

[T]hey can attend public (State) and private schools, without any discrimination between them and Jordanian students[,] [t]aking into consideration that public schools are free of charge and financially supported by the government [through] public funds. … [They] may attend public universities [like] Jordanian students; they pay similar fees … and have opportunities to get scholarships offered [by] different bodies[,] such as the Ministry of Higher Education.

[Regarding] healthcare, if the mother is insured by the government, i.e. [if she is] a civil servant, [the children] can … benefit from [her] insurance, provided [they pay] the required premiums, otherwise they will be treated as any Jordanian.

…

They can also own houses, cars, [and] land. (Law Professor 13 Sept. 2018)

The lawyer similarly stated that children of Jordanian mothers and foreign fathers have the same access to public elementary and secondary schools as Jordanian citizens and that, if their mother is insured to be treated in public clinics and hospitals, they benefit from said insurance (Lawyer 19 Sept. 2018). According to the same source,

[they] [are] permitted to own residential property in Jordan after obtaining the official approvals from the competent authorities in Jordan, such as the [Department of Lands and Survey] and the Ministry of Finance. However, the children of a Palestinian father [are] not allowed to own property in Jordan. … [They] [s]hall have the right to [obtain] a driver's licence (cars only) provided that [they have] a legal residence in Jordan. (Lawyer 19 Sept. 2018)

2.1.1 Work Permit

According to sources, children of Jordanian mothers and foreign fathers need a work permit to be able to work in Jordan (Senior Partner 12 Sept. 2018; Associate 16 Sept. 2018; Lawyer 19 Sept. 2018). The Senior Partner stated that children of Jordanian mothers and foreign fathers are subject to restrictions set by the Jordanian Ministry of Labour regarding the employment of non-Jordanians (Senior Partner 12 Sept. 2018). Similarly, the Associate indicated that children of Jordanian mothers and foreign fathers are not allowed to work in jobs restricted to Jordanians, "unless they obtain the pre-approval of the concerned authorities," which "is not easily granted" (Associate 16 Sept. 2018). The lawyer stated that children of Jordanian mothers and foreign fathers are prioritized below Jordanian citizens to work in the professions reserved for Jordanian citizens (Lawyer 19 Sept. 2018). The same source also noted and that they are exempted from the work permits' fees (Lawyer 19 Sept. 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Human Rights Watch states that, according to individuals they interviewed, "significant legal and regulatory barriers for people who needed work permits for jobs for which they were otherwise qualified" are problems, while others said that "they succeeded in building successful careers despite these restrictions[,] but were constantly at risk of losing these hard-earned gains due to the legal uncertainties that threatened their jobs and limited professional mobility" (Human Rights Watch 7 Oct. 2018).

According to the Associate, the following jobs are restricted to Jordanians:

administrative and accountant jobs; literary professions including typing and secretarial jobs; work [related to] switching, telephones and cables; warehouse work; selling "in all meanings"; decoration work; selling fuel in [major] cities; electricity work; mechanical work; [jobs as a] driver, except for companies [that are partners of the government of Jordan]; guarding and [working as a] bellhop; medical jobs, except where there are no Jordanian replacement[s] and after obtaining the approval of the Ministry of Health, the Civil Service Bureau, and the concerned association; engineering jobs, except where there are no Jordanian replacement[s] and after obtaining the approval of the Civil Service Bureau and the concerned association; hair dressing except for manicure and pedicure, after obtaining the approval of the Ministry of Labor; [work as a] barber, except after obtaining the approval of the Ministry of Labor; educational jobs; [and] off-loading and handling work. (Associate 16 Sept. 2018)

The Associate indicated that children of Jordanian mothers and foreign fathers "do not receive the work permit automatically, and it may be refused by the authorities" (Associate 16 Sept. 2018). Information on the circumstances under which work permits have been refused and on the prevalence of such refusals could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In contrast with the information presented above regarding work permits, the Law Professor stated that

[t]he government waived the condition of obtaining work permits to enable sons and daughters of a Jordanian woman to work in the private sector. Also[,] they have been granted the right to work in the professions which were previously closed and not allowed to non-Jordanians, such as medical professionals, but still they are not allowed to work for the government. (Law Professor 13 Sept. 2018)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.2 Obstacles to Accessing Services

The lawyer stated that "[t]heoretically, having an identity card for non-citizen children would facilitate their access to education, healthcare, and work. However, in practice, the children still do not enjoy these rights properly, and also cannot invest or own [property] in Jordan [like] Jordanian citizens" (Lawyer 19 Sept. 2018). In an October 2018 article, the Jordan Times, an English-language daily newspaper, quotes a leader of a movement called "My mother is Jordanian and her nationality is a right for me" as stating that "'several government agencies and financial institutions still do not acknowledge our IDs when we want to obtain official paperwork'" (The Jordan Times10 Oct. 2018). According to the same source, another activist, from the "My Nationality is the Right of My Family" movement, stated that the "'ID card is not recognised by the majority of government entities and it is just considered as an ID card [-] no more[,] no less'" (The Jordan Times10 Oct. 2018). The first activist quoted in the article calls for better monitoring by the government of its departments to ensure that children of foreign fathers do not suffer from "rejections and hurdles" when they apply for work, a driver's license, a loan or "any other services" (The Jordan Times10 Oct. 2018). In an October 2018 article, Human Rights Watch indicates that "even for those who have obtained the identification cards since 2014, Jordanian government agencies had continued to subject them to the same laws and regulations that govern provision of services for foreign nationals" (Human Rights Watch 7 Oct. 2018).

2.3 Requirements to Obtain the Special Identification Card

According to sources, Decision No. 6415 of 9 November 2014 states that, in order to apply for the identification card for children of Jordanian women [or in order to "benefit from the facilities" in terms of health, education, property ownership and driver's licenses (Senior Partner 12 Sept. 2018)], the following requirements must be met:

• the applicant's mother must have Jordanian nationality and have a "national number";
• the applicant's mother must have resided in Jordan for five consecutive years prior to the application [a requirement that applied prior to the cabinet decision of 10 September 2018 (AWO 20 Sept. 2018; Lawyer 19 Sept. 2018; Human Rights Watch 7 Oct. 2018)]; and
• the applicant must legally reside in the country (AWO 16 Sept. 2018; Senior Partner 12 Sept. 2018).

According to sources, the same cabinet decision also states that the identification card for children of Jordanian women will be considered "a valid ID by government agencies" (Human Rights Watch 7 Oct. 2018; The Jordan Times10 Oct. 2018). Human Rights Watch states that it "remains unclear" if individual ministries will apply this provision in practice (Human Rights Watch 7 Oct. 2018). The AWO representative specified that the 10 September 2018 cabinet decision "has not been inserted into law yet" (AWO 20 Sept. 2018).

The Associate explained that establishing "lega[l]" residency for the applicant consists in obtaining a residency permit, except for children holding the nationality of Syria, Egypt, Yemen or countries of the Cooperation Council for the Arab States of the Gulf, who must instead provide a "security card" obtained from the police, as well as a work permit or a proof of enrollment in a school or university (Associate 14 Sept. 2018). Similarly, the lawyer indicated that children of Jordanian woman and fathers holding the nationality of Syria, Egypt, Yemen or "any of the Gulf countries" are exempted from having residency permits, but they must instead provide "security or work permits" or a document proving their enrollment in a school, college or university in Jordan (Lawyer 19 Sept. 2018).

2.4 Procedures to Obtain the Special Identification Card

According to the lawyer, the card is issued by the Civil Status and Passport Department within five days after receiving and approving the following documents from the applicant:

1. an official application;
2. a copy of the Jordanian mother's identity card;
3. a certified copy of the marriage certificate;
4. a recent photo of the child;
5. a certified copy of the birth certificate or his passport, if any;
6. a certified copy of the child's legal residence in Jordan;
7. a work permit, or security permit, or a proof of studies for the children of a father from Syria, Egypt, Yemen, or any of the Gulf countries (Lawyer 19 Sept. 2018).

The Law Professor said that the applicant must prove the status of their father as a non-Jordanian, prove the citizenship of their mother and provide a birth certificate (Law Professor 14 Sept. 2018).

According to the Senior Partner, the applicant and his Jordanian mother must file an application at "the nearest police station" and pay "[m]inor fees" (Senior Partner 16 Sept. 2018). The same source stated that an HIV test and "some other medical clearances" must be attached to the application and that "in some cases," the police will request further security checks and clearances (Senior Partner 16 Sept. 2018).

According to the Associate, "[t]he application and the documents will be reviewed by the … officer [from] the Civil Status and Passport Department. … If the request is approved, the child will be notified, and after pay[ment of] the fees, the identification card will be issued" (Associate 16 Sept. 2018).

2.5 Obstacles to Obtaining the Card

The Associate reported the following:

[T]hrough our research, we were informed that when applying for [the] identification card [for children of Jordanian women], a significant number of children were unable to obtain these cards either for the reason of not [being] able to obtain a long list of documents required for the application, including passports of foreign fathers, residence permits, work permits, birth certificates and security approvals from the Jordanian Intelligence Service, or simply [because] they could not afford the costs required to collect these documents. (Associate 16 Sept. 2018)

In its October 2018 article, Human Rights Watch indicates that "many non-citizen children faced barriers to getting the cards" (Human Rights Watch 7 Oct. 2018). The same source also states that individuals they interviewed "said that a cumbersome process for annual renewal of residency permits remained a problem" (Human Rights Watch 7 Oct. 2018).

2.6 Requirement to Renew Residency Permit

The Associate indicated that, in spite of the introduction of the identification card, children of Jordanian women and foreign fathers must still renew their residency permit every year (Associate 19 Sept. 2018). Similarly, the US Department of State's Country Reports on Human Rights Practices for 2017indicates that if they do not hold legal residency, "for which they must apply every year," they lose the right to attend public school or seek "other government services," adding that authorities "do not assure continued residency" (US 20 Apr. 2018, 23).

3. Circumstances Under Which Children of Jordanian Mothers and Foreign Fathers Can Lose Their Residency Status

The Senior Partner indicated that children of Jordanian mothers and foreign fathers lose their residency status if any of the conditions to acquire it, as listed in Decision No. 6415 of 9 November 2014, is no longer fulfilled (Senior Partner 12 Sept. 2018). Similarly, the Associate stated that they "may lose" their residency status if they no longer meet any of the conditions to acquire it as listed in Decision No. 6415 of 9 November 2014 (Associate 14 Sept. 2018). According to the same source, one of the situations where they can lose their residency status is by leaving Jordan for more than six months (Associate 14 Sept. 2018). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Acccording to the Law Professor, Article 34 of the Residence and Foreigners Act No 24/1973 provides the following:

"Any foreigner who fails to apply for the renewal of his residence permit within one month of its date of expiry shall be liable to a fine of 45 dinars [approximately C$83] for each month overstayed or any part thereof" (Law Professor 13 Sept. 2018).

4. Circumstances Under Which Children of Jordanian Mothers and Foreign Fathers Can Have Their Special Identification Card Cancelled

According to the lawyer, the identification card for children of Jordanian women will be cancelled if "the Jordanian mother has forfeited her Jordanian nationality" or if the child "has forfeited his residence in Jordan" (Lawyer 19 Sept. 2018). According to the same source, no recourse is available and the card's holder "will forfeit their privileges in Jordan" (Lawyer 19 Sept. 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.

Note

[1] The Arab Women Organization (AWO) is "an intergovernmental organization established under the umbrella of the League of Arab States and headquartered in Egypt" (AWO n.d.a) and is dedicated, among other aims, to empowering Arab women (AWO n.d.b).

References

Arab Women Organization (AWO). 20 September 2018. Correspondence from a representative to the Research Directorate.

Arab Women Organization (AWO). 16 September 2018. Correspondence from a representative to the Research Directorate.

Arab Women Organization (AWO). N.d.a. "About AWO ." [Accessed 2 Nov. 2018]

Arab Women Organization (AWO). N.d.b. "Vision." [Accessed 2 Nov. 2018]

Associate, law firm in Amman. 19 September 2018. Correspondence with the Research Directorate.

Associate, law firm in Amman. 16 September 2018. Correspondence with the Research Directorate.

Associate, law firm in Amman. 14 September 2018. Correspondence with the Research Directorate.

Human Rights Watch. 7 October 2018. "Jordan: Small Step for Non-Citizen Children. Removal of Barrier to Obtain Identification Card ." [Accessed 2 Nov. 2018]

The Jordan Times. 10 October 2018. Rana Husseini. "Activists Commend Measures to Ease Life for Children of Jordanian Mothers ." [Accessed 2 Nov. 2018]

Law Professor. 14 September 2018. Correspondence with the Research Directorate.

Law Professor. 13 September 2018. Correspondence with the Research Directorate.

Lawyer, Amman. 20 September 2018. Correspondence with the Research Directorate.

Lawyer, Amman. 19 September 2018. Correspondence with the Research Directorate

Senior Partner, law firm in Amman. 16 September 2018. Correspondence with the Research Directorate.

Senior Partner, law firm in Amman. 12 September 2018. Correspondence with the Research Directorate.

United States (US). 20 April 2018. Department of State. "Jordan." Country Reports on Human Rights Practices for 2017 . [Accessed 2 Nov. 2018]

Additional Sources Consulted

Oral sources:five lawyers in Jordan; Jordan – Embassy in Ottawa; National Centre for Human Rights.

Internet sites, including:Al Bawaba; Al-Fanar Media; Al Jazeera; ecoi.net; Equality Now; Roya News; UN – Refworld.