Nationality of Persons Born in Egypt to Foreign Parents Where the Father or Mother Was Also Born in Egypt

Introduction

Law No. 28 of 2023 introduced an important amendment to certain provisions of Egyptian Nationality Law No. 26 of 1975. One of its most significant effects was to expand the scope of certain naturalization cases based on birth in Egypt and a family connection to the country.

Among the cases covered by the amendment is that of a foreign national born in Egypt to a foreign father or foreign mother, where either parent was also born in Egypt and the conditions prescribed by law are satisfied.

However, understanding this provision requires precision. It does not grant the child Egyptian nationality automatically at birth, nor does the mere fact that the foreign mother or father was born in Egypt suffice for the child to acquire nationality. Rather, it establishes a special route to apply for naturalization after reaching the age of majority, and nationality remains granted by a decision of the Minister of Interior.

The 2023 amendment also did not create this route from the outset. Rather, it expanded its scope to achieve greater equality between the father and the mother. The former provision recognized only the foreign father’s birth in Egypt, whereas after the amendment it now recognizes the birth of either the father or the mother in Egypt.

What Did Law No. 28 of 2023 Amend?

Law No. 28 of 2023 was issued on 21 May 2023 and entered into force on the day following its publication.

Among the provisions it amended were Items 1 and 3 of Article 4 of the Egyptian Nationality Law.

Item 3 now permits – by decision of the Minister of Interior – the granting of Egyptian nationality to any foreign national who:

Was born in Egypt.
Was born to a foreign father or foreign mother.
Has either parent who was also born in Egypt.
Satisfies the condition relating to belonging to the majority population of a country whose language is Arabic or whose religion is Islam, in accordance with the wording used by the Law.
Applies for naturalization within one year from the date of reaching the age of majority.

Accordingly, this is a route to naturalization, not original nationality acquired automatically by birth.

What Is the Difference Between the Provision Before and After the 2023 Amendment?

Before the 2023 amendment, Item 3 of Article 4 limited this case to a foreign national born in Egypt to a foreign father who was himself also born in Egypt, provided that the remaining conditions were satisfied.

Accordingly, the foreign mother’s birth in Egypt alone did not satisfy this requirement if the foreign father had not been born there.

Law No. 28 of 2023 amended the provision so that the relevant criterion became the birth of either the father or the mother in Egypt.

This amendment is important from two perspectives:

It removed the distinction between the father and the mother in this route to naturalization.
It expanded the number of cases eligible to apply for nationality based on an extended family connection with Egypt spanning two generations.

During discussion of the amendments, the House of Representatives referred to the legislature’s direction toward achieving equality between men and women in certain effects of nationality, an approach that also appeared in the amendment to Article 6 concerning the minor children of a foreign woman who acquires Egyptian nationality.

A Practical Example of the Case Added by the 2023 Amendment

Suppose a foreign woman was born in Alexandria, retained her foreign nationality, later married a foreign man, and gave birth to a son in Cairo.

Before the 2023 amendment, the mother’s birth in Egypt alone was not sufficient for the son to fall within Item 3 if the foreign father had not been born in Egypt.

After the amendment, however, the son may – provided that the remaining statutory conditions are satisfied – apply for naturalization within the year following his attainment of the age of majority, on the basis that his foreign mother was born in Egypt.

The same applies where the father, rather than the mother, was born in Egypt.

Does the Child Acquire Egyptian Nationality from Birth?

No.

This is the most important distinction between this route and the case of a child born to an Egyptian father or an Egyptian mother.

Article 2 of the Nationality Law provides for original nationality for anyone born to an Egyptian father or an Egyptian mother. In that case, nationality arises by operation of law once the parentage relationship is established.

In the case addressed under Article 4, however, both parents are foreign nationals. Accordingly, the child does not become Egyptian merely by being born in Egypt, even if one of the parents was also born there.

Rather, after satisfying the conditions of Item 3, the person has the right to apply for naturalization within the period prescribed by law.

Egypt Does Not Apply Jus Soli in an Absolute Manner

A common misconception is that every child born on Egyptian territory automatically becomes Egyptian.

This is incorrect.

Egyptian nationality law relies primarily on jus sanguinis in relation to original nationality, while providing certain specific cases in which the legislature attaches legal consequences to birth within Egypt.

Accordingly, an Egyptian birth certificate proving that a person was born in Egypt does not, by itself, mean that the person holds Egyptian nationality.

A person may have been born in Cairo and remain a foreign national throughout life unless and until a legal route to acquiring Egyptian nationality becomes available.

The Basic Conditions Under Item 3 of Article 4

1. The Applicant for Naturalization Must Have Been Born in Egypt

It is not sufficient that one of the parents was born in Egypt. The applicant must also have been born within the Arab Republic of Egypt.

Accordingly, a child born outside Egypt to a foreign mother born in Cairo does not fall within this case merely because the mother was born in Egypt.

2. The Foreign Father or Mother Must Have Been Born in Egypt

Following the 2023 amendment, it is sufficient for either parent to have been born in Egypt.

This is the essence of the change introduced by Law No. 28 of 2023, as the provision is no longer limited to the father.

3. Satisfaction of the Condition Relating to the Country, Language, or Religion

Item 3 uses specific wording relating to the parent born in Egypt belonging to the majority population of a country whose language is Arabic or whose religion is Islam.

This condition should not be oversimplified by stating that the Law covers “every Arab or Islamic country” without reference to the precise wording of the provision and an assessment of the applicant’s actual circumstances.

The Law also does not provide, within the Article itself, a list of countries to which this rule applies. Accordingly, the nationality of the parent and the relevant legal data must be examined independently in each case.

4. Attaining the Age of Majority

The previous article stated that the age of majority is 18, which is inaccurate under Egyptian law.

Article 44 of Civil Code No. 131 of 1948 provides that the age of majority is twenty-one full Gregorian years.

Accordingly, the period prescribed under Article 4 of the Nationality Law begins, in principle, when the applicant reaches 21 years of age, not 18.

5. Submission of the Application Within One Year of Reaching the Age of Majority

The Law establishes a specific time limit for this route, providing that the person concerned must apply for naturalization within one year from the date of reaching the age of majority.

This period is particularly important because it forms part of the conditions established by the legislature for reliance on Item 3.

Accordingly, anyone who believes that their circumstances fall within this provision should not wait for years after reaching the age of twenty-one before examining their legal position.

Is Nationality an Automatic Right Once These Conditions Are Satisfied?

No.

Article 4 of the Nationality Law begins with the clear wording: “Egyptian nationality may be granted by decision of the Minister of Interior.”

This means that the case differs from original nationality, which is established by operation of the statutory provision itself.

Satisfaction of the conditions under Item 3 gives the person concerned a legal basis to apply for naturalization, but does not make that person Egyptian merely upon submission of the documents or passage of a specified period.

A decision by the Minister of Interior granting nationality is required.

Are Good Conduct, Knowledge of Arabic, and a Lawful Source of Income Required in This Case?

This point also requires correction.

Item 3 of Article 4 does not expressly refer to the four conditions contained in Item 4 relating to mental fitness, good conduct and reputation, knowledge of the Arabic language, and having a lawful means of livelihood.

These conditions are expressly stated in Item 4, and Item 5 concerning naturalization after ten years of residence also refers to them.

Item 3, by contrast, has its own conditions expressly stated in the provision.

This naturally does not prevent the nationality application from being subject to examination and verification of the applicant’s information and legal status within the competence of the Ministry of Interior. However, conditions should not be added to Item 3 and attributed to it without a statutory basis.

The USD 10,000 Fee Does Not Apply to This Case

The previous article stated that an applicant for naturalization under this case must pay a fee of USD 10,000.

This is incorrect.

The amendment increasing the application fee to USD 10,000 appears in Article 4 bis (2), which expressly provides that it concerns naturalization applications submitted pursuant to Article 4 bis.

Article 4 bis regulates citizenship through investment, including real estate purchases, establishment of a project, or financial deposits under the system prescribed by the Council of Ministers.

Naturalization pursuant to Article 4, Item 3 – the subject of this article – is a separate legal route, and the investment-program fee may not be transferred to it.

Why Has There Been Confusion Between the Two Routes?

Part of the confusion arises because Law No. 28 of 2023 amended, within the same legislation:

Item 3 of Article 4 concerning birth in Egypt.
Article 4 bis (2) concerning fees for applications under the citizenship by investment program.

However, the fact that both amendments appear in Law No. 28 of 2023 does not mean that they apply to the same category of applicants.

Each provision has its own independent scope.

Must the Applicant Be Residing in Egypt?

Item 3 – in its current wording – does not contain a separate requirement that the applicant for naturalization maintain ordinary residence in Egypt at the time of submitting the application.

This differs from:

Item 1, which requires the applicant to establish ordinary residence in Egypt.
Item 4, which requires a person born in Egypt to have ordinary residence there upon reaching the age of majority.
Item 5, which requires ordinary residence in Egypt for at least ten consecutive years.

Accordingly, a residence requirement should not be added to Item 3 where the provision itself does not impose one.

What If the Person Was Born in Egypt but Neither Parent Was Born There?

The person may not qualify under Item 3, but may fall within another route under Article 4.

Item 4 regulates the case of a foreign national born in Egypt whose ordinary residence is in Egypt upon reaching the age of majority, provided that the application for naturalization is submitted within one year of attaining majority and the statutory conditions prescribed by the provision are satisfied.

This demonstrates the importance of not examining nationality law through a single provision. A person may fail to qualify under one route while satisfying another.

What If the One-Year Period Following Attainment of Majority Has Expired?

If the period prescribed under Item 3 expires without submission of an application, it may no longer be possible to rely on that particular route.

However, this does not necessarily mean that acquiring nationality has become impossible altogether.

The person concerned may satisfy the conditions of another route, such as naturalization after maintaining ordinary residence in Egypt for at least ten consecutive years under Item 5 of Article 4.

Accordingly, the entire file should be examined rather than treating the expiry of a particular route’s deadline as the end of all opportunities for naturalization.

The Amendment Was Not Limited to Mothers

The title of the previous article may suggest that the 2023 Law created a special regime for children of “foreign mothers born in Egypt.”

More accurately, the Law replaced the previous distinction with a rule covering either the father or the mother.

The legislative significance of the amendment therefore lies in placing both parents on an equal footing in this element of the naturalization application.

The Amendment to Article 6 and Equality Between the Father and Mother

Law No. 28 of 2023 was not limited to Item 3 of Article 4.

It also amended the second paragraph of Article 6 of the Nationality Law to include the minor children of a foreign woman who acquires Egyptian nationality, whereas the previous provision attached certain effects to the foreign father’s acquisition of nationality but not to that of the mother.

This amendment came within the context of addressing a distinction previously considered by the Supreme Constitutional Court and a broader legislative trend toward equality between men and women in the effects of nationality upon children.

Does the Amendment Constitute a Form of “Jus Soli”?

Not in the full sense.

Birth in Egypt is a fundamental element in this case, but it is not sufficient on its own.

The legislature also requires that one of the parents have been born in Egypt, in addition to the remaining conditions of the provision, submission of the naturalization application within the prescribed period, and issuance of a decision by the Minister of Interior.

Accordingly, this route may be regarded as being based on a repeated territorial connection spanning two generations, but it does not transform the Egyptian system into one that automatically grants nationality solely by virtue of birth on Egyptian territory.

The Most Important Documents to Prepare

Procedural details vary according to the applicant’s circumstances and the requirements of the competent authority, but proving the applicability of Item 3 particularly requires the ability to establish:

The applicant’s birth in Egypt.
The identity and nationality of the father and mother.
The birth in Egypt of the father or mother relied upon in the application.
The nationality of the relevant parent and the information necessary to determine whether the country-related condition applies.
The applicant’s date of birth in order to establish that the application was submitted within the statutory one-year period.
The authenticity of birth certificates, foreign documents, and their required authentications, where applicable.

Any discrepancies in names between birth certificates, passports, or foreign records should be resolved before the application is submitted or explained through official documentation.

Why Is the Date of Birth a Decisive Element?

In many nationality files, the nationality of the parents is the central issue. Under this route, however, the date of birth has a direct procedural effect.

Once the person reaches the age of 21, the one-year period prescribed by the provision begins to run.

Accordingly, it is not sufficient merely to state that the person is “a young person born in Egypt.” The precise date on which the age of majority was reached and the date on which the application was submitted must be calculated accurately.

Positive Practical Effects of the Amendment

Several important effects of the amendment may be identified, including:

Removal of the distinction between the father and the mother: the father’s birth in Egypt is no longer the only parental birth taken into account.
Recognition of an extended family connection with Egypt: through requiring both the applicant and one parent to have been born there.
Expansion of the category eligible to apply: by including cases previously excluded because the mother – rather than the father – was the parent born in Egypt.
Consolidation of the legislative trend toward equality: an approach also reflected in the amendment to Article 6.

Practical Issues That Remain

The Relatively Short Time Limit

A one-year period after reaching the age of majority may be relatively short for a person who is not even aware that a special route to naturalization is available, particularly where that person resides outside Egypt.

The Wording Relating to Language and Religion

The provision uses legislative wording that may require careful determination in practice of the relevant country and affiliation, while the Article itself does not provide a detailed list of the countries falling within its scope.

Confusion Between Naturalization and Original Nationality

The person concerned may believe that they are already Egyptian because both they and one of their parents were born in Egypt, only to discover years later that the Law merely granted a right to apply within a specified period.

The Different Routes Under Article 4

Article 4 contains several closely related cases: Egyptian origin, repeated birth in Egypt, birth and residence in Egypt, and ten years of residence. Failure to distinguish between them may result in preparing an application on an incorrect legal basis.

Practical Advice Before Submitting the Application

Identify the correct statutory provision: it is not sufficient merely to say that the applicant was “born in Egypt.”
Calculate the age of majority correctly: it is 21 full Gregorian years.
Verify the one-year time limit: and do not delay submission if the applicant relies on Item 3.
Obtain official birth certificates: for both the applicant and the parent born in Egypt.
Review discrepancies in names: before submitting the file.
Do not pay amounts relating to the investment program: on the assumption that they constitute a fee for this route.
Examine alternative routes: if the conditions of Item 3 are not satisfied or its deadline has expired.

The Role of the Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants

The Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants believes that the most important step in nationality files of this kind is not collecting the largest possible number of documents, but identifying the correct statutory basis before commencing the procedures.

The person concerned may fall within Item 3 of Article 4, or within Item 4 or Item 5, or may have Egyptian ancestry that changes the legal route of the file entirely.

Legal work in this type of case includes:

Examining the birth and nationality chain of both parents.
Identifying the most appropriate statutory basis for the naturalization application.
Calculating legal deadlines linked to the age of majority.
Reviewing birth certificates, foreign documents, and authentications.
Addressing discrepancies in names and personal data.
Following up the application before the General Administration of Passports, Immigration and Nationality.
Examining alternative legal routes if reliance on Item 3 is not possible.
Reviewing administrative decisions and challenging them where a legal basis for doing so exists.

Conclusion

Law No. 28 of 2023 represents an important step in the development of Egyptian nationality law, but its significance in this context does not lie in creating a new form of automatic nationality for children born to two foreign parents.

The amendment kept the regime within the framework of naturalization by decision of the Minister of Interior, while expanding Item 3 of Article 4 so that the birth of the foreign mother in Egypt is treated on an equal footing with the birth of the foreign father there.

Reliance on the provision also requires the convergence of several elements: the applicant must have been born in Egypt, one of the parents must also have been born there, the condition relating to the country to which the parent belongs must be satisfied, and the application must be submitted within one year after attaining the age of majority, which under Egyptian law is 21 years.

This route is not connected to the USD 10,000 fee prescribed for citizenship by investment applications. That is a separate legal regime governed by Article 4 bis and the provisions that follow it.

The principal value of the 2023 amendment remains that it removes an old legislative distinction between the father and the mother in one route to naturalization and recognizes that a family’s connection to Egypt may arise through either parent, while at the same time preserving the discretionary nature of the decision to grant nationality.

Accordingly, the proper approach to these cases begins with the question: Which statutory provision applies to the circumstances of the person concerned? Only after that come the documents, procedures, and deadlines.

Written and Prepared by: Dr. Mostafa El Rouby