This paper is aiming to provide a Yemeni legal perspective on any implications (documentation, rights, etc.) for Yemenis (male or female) who may go with Ethiopian spouses who are repatriating and who would then possibly wish to return to Yemen, either for visits or permanently.
Right to return:
Any Yemeni citizen can return back to his country without any constrains. This right is part of human rights freedoms insured by international instruments and constitution.
- In article (6) of the constitution of Yemen the country “confirms its adherence to the UN Charter, the International Declaration of Human Rights, the Charter of the Arab League, and Principles of international Law which are generally recognized”. Therefore, article 13 of International Declaration of Human Rights applied in Yemen as “Everyone has the right to leave any country, including his own, and to return to his country.”
The same right included in the International Covenant on Civil and Political Rights, has been accession since 9 Feb 1987 “4. No one shall be arbitrarily deprived of the right to enter his own country.” As well as International Convention on the Elimination of All Forms of Racial Discrimination, has been accession since 18 Oct 1972 “(i) the right to freedom of movement and residence within the border of the State”.
This right applied for both males and females, as mentioned in the Convention on the Elimination of All Forms of Discrimination against Women, has been accession since 30 May 1984, “4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.”
- The Constitution of the Republic of Yemen amended via a Public Referendum – held on February 20, 2001:
According to Article (57) of the Yemeni constitution “Freedom of movement from one place to another within the country is guaranteed for all citizens”. This right explained and guaranteed clearly with regard to return to the country as mentioned in the article that no citizen “denied return to Yemen”.
- Under Yemen’s laws, women do not enjoy the same citizenship rights as men. The children of male Yemeni citizens automatically receive their father’s citizenship, regardless of whether their mother is Yemeni.
- A Yemeni woman who has children with a non-Yemeni husband is allowed to transfer her citizenship to their children only if the foreign husband has died, the couple has divorced, or the woman has been abandoned by her foreign husband. The 2010 amendment to the Nationality Law declares in Article 3 (1A) that a child born to a Yemeni father or mother enjoys the Yemeni nationality. Additionally, Article 3 (1B) of the same law stipulates that a person born to a Yemeni mother before the amended Article 3 (1A) came into force must notify the Minister of Interior of his/her wish to enjoy the Yemeni nationality within three years’ time from the date of the amended law’s entry into force (i.e. 21 November 2010. In practice, a child who failed to apply for the nationality within the three years’ timeframe may still apply for the Yemeni nationality if he/she proves that he/she was living in the country during all of past years. This process is done at IPNA’s level. If unable to prove, the child has to submit a request to the Minister of Interior, to this effect, and the Minister of Interior generally approves such requests
- The foreign-born wife of a Yemeni man has the right to apply for citizenship after four years of marriage, although her husband may object to this application (article 11 of Nationality Law – No. 6 of 1991).
- Pursuant to Article 10 of the Nationality Law, a Yemeni woman who marries a non-Yemeni Muslim man retains the Yemeni nationality, unless she expressed her desire to revoke her Yemeni nationality upon or during the marriage provided that the nationality law of the country of her husband grants her the citizenship of said country.
- A Yemeni woman who has children with a non-Yemeni husband is allowed to transfer her citizenship to their children only if the foreign husband has died, the couple has divorced, or the woman has been abandoned by her foreign husband. The children of a Yemeni man, on the other hand, will automatically be Yemeni, regardless of the citizenship of their mother. In 2008, an amendment to the nationality law made it possible for a woman to transfer her Yemeni citizenship to her children if the father is unknown or has no nationality
Residency right:
- A non-Yemeni who marry a Yemeni national benefits from better conditions in obtaining residence permit as compared to other foreigners. Articles (13 and 14), of Republican Decree No. (4) of 1994 concerning the Executive Regulation of Republican Decree No. (47) of 1991 Concerning Entry and Residence of Foreigners, explain these residence permit requirements of a foreigner who is a spouse to a Yemeni.
- Article (13), of the aforementioned law, states that “A foreign wife of a Yemeni shall be granted residence for a maximum period of five years that can be renewed if the following conditions are met:
- That her entry into the territories of the Republic was in a legitimate manner.
- That the marriage contract is legitimate in accordance with the provisions of Yemeni law and that the marital status continues.
- Article (14), of the aforementioned law, grants the residence to a foreign husband of a Yemeni woman for a maximum period of two years that can be renewed when the following conditions are met:
- That the entry of the husband into the territories of the Republic was in a legitimate manner.
- That the marriage contract is legitimate in accordance with the provisions of the Yemeni law and that the marital status continues.
- Approval of the Minister of, or his non-objection to, the marriage of a Yemeni woman to a foreigner. (In practice, the Minister of Interior has delegated his authority in this respect to IPNA. Therefore, this issue is dealt with at IPNA’s level. There is an established process including security clearances (from the Political Security and the National Security) within IPNA, and upon finalisation of the process, the residence visa is awarded)
Documentation:
Documents should be provided by Yemenis (male or female) who may go with Ethiopian spouses who are repatriating and who would then possibly wish to return to Yemen, either for visits or permanently.
Schools certificates:
- Birth certificate.
- A letter from the school endorsed by the office of ministry of education or so ever called in Ethiopia.
These documents shall be indorsed by Yemeni Authorities such as ministry of education to be accepted by schools.
Marriages and divorces certificates:
- Marriage certificate should be indorsed by competent authorities in Ethiopia.
- Divorce certificate should be indorsed by competent authorities in Ethiopia.
Birth certificate:
- Birth certificate should be indorsed by competent Authorities in Ethiopia.
Scenarios:
| Type of right | Yemeni spouse | Document needed | Notes | |
| 1 | Child schooling | Yemeni M and F: | 1. Birth certificate. 2. A letter from the school endorsed by the office of ministry of education or so ever called in Ethiopia. These documents shall be indorsed by Yemeni Authorities such as ministry of education to be accepted by schools. | Same procedures apply for males and females |
| 2 | Nationality | Yemeni M: | The children of Yemeni male can automatically receive their father’s citizenship, regardless of whether their mother is Yemeni or not. | The Nationality Law. |
| Yemeni F | A Yemeni woman who has children with a non-Yemeni husband is allowed to transfer her citizenship to their children only if the foreign husband has died, the couple has divorced, or the woman has been abandoned by her foreign husband. | The 2010 amendment to the Nationality Law. | ||
| 3 | Residency right | grants the residence to a foreign husband of a Yemeni woman for a maximum period of two years that can be renewed | Republican Decree No. (4) of 1994 concerning the Executive Regulation of Republican Decree No. (47) of 1991 Concerning Entry and Residence of Foreigners (article 14) | |
| A foreign wife of a Yemeni shall be granted residence for a maximum period of five years that can be renewed | Republican Decree No. (4) of 1994 concerning the Executive Regulation of Republican Decree No. (47) of 1991 Concerning Entry and Residence of Foreigners (article 13) | |||
| 4 | Documentation | Yemeni M and F: | Documents should be provided by Yemenis (male or female) who may go with Ethiopian spouses who are repatriating and who would then possibly wish to return to Yemen, either for visits or permanently. |
