Questions regarding citizenship in Yemen posed by the Swedish Migration Board to the Consulate of Sweden in Yemen, dated September, 2008.

The information, received by the Asylum Division, has been put together by the COI-unit, Swedish Migration Board. The introducing text is to some extent rewritten, but questions and answers remain unchanged.

The question regards an applicant with a Yemeni mother and Somali father born in Somalia, but who moved to Yemen with his/her mother in the 1990s. The applicants mother has past away, but the person claims neither to have obtained citizenship nor refugee status in Yemen.

An amendment was added, to the Citizenship law no. 6 of 1990, in 2003 (item no. 10) which states that:

"If a Yemeni woman is left alone by a foreign man, leaving her with the responsibility to support their children as a result of his death, insanity, absence, or abandoning them for a period more than one year, then those children are treated as Yemeni citizens in all aspects as long as they are under the responsibility of their mother until adulthood."

1. Is the applicant to be considered as a Yemeni citizen under the above named circumstances and according to the amendment of 2003, and if not, is the applicant likely to have obtained refugee status and resident status in Yemen, considering the competent Yemeni authorities' point of view regarding Somali immigrants as a group?

We have consulted with the concerned dept. of the Ministry of Interior, They confirmed that the amendment mentioned in your message is correct, but they added that the applicant suppose to apply for Yemeni citizenship with the concerned dept. during his/her stay in Yemen, but if he/she left Yemen than break his right to obtain Yemeni citizenship.

Anyway, he/she can apply for Yemeni citizenship through the web site of the Minister of Interior and every case will be treated separately according to the relevant circumstances and answer will be given to that effect Refugee status:

In-case his/her application for Yemeni citizenship rejected then he/she can apply of refugee status through UNHCR office in Sana'a, Yemen, they are handing "Refugee" cases

2. If the applicant has obtained Yemeni citizenship, but has left the country unofficially, that is: the Yemeni authorities are unaware of that the person in question has left the country, is the applicant then allowed to return to Yemen?

In-case a person obtained Yemeni Citizenship and having proof for the same (passport, ID card etc), he/she is allowed to return to Yemen anytime

3. If the applicant has yet not contacted Yemeni authorities regarding citizenship, would it be possible for the applicant to apply for Yemeni citizenship after the death of the mother, if still residing in the country?

Yes, can apply, with proof (mother/father/husband's ID card, relevant papers)

4. If the applicant enjoys refugeestatus in Yemen and has left Yemen, will he/she be allowed by Yemeni authorities to return or is the right to reside in Yemen lost at the time of departure from Yemen?

Yes, he/she can return and register again