Acquisition of Moroccan Nationality by Operation of Law
Acquisition of Moroccan Nationality by Operation of Law
Moroccan nationality may be granted to foreign nationals as an acquired nationality by operation of law in several specific cases, as follows:
1. Birth in Morocco and Residence
Pursuant to Article 9 of the Dahir of 1958, Moroccan nationality may be acquired by a person born in Morocco to foreign parents who were themselves born in Morocco, provided that neither parent holds Moroccan nationality.
To qualify, the applicant must:
Have ordinary and continuous residence in Morocco.
Declare, within the two years preceding the age of legal majority, the intention to acquire Moroccan nationality.
The acquisition of nationality is subject to no objection from the Minister of Justice.
2. Birth in Morocco to a Foreign Father Born in Morocco
Moroccan nationality may also be acquired by a child born in Morocco to a foreign father who was himself born in Morocco, provided that the father's country of nationality has a population composed predominantly of Muslims or Arabic-speaking people.
In this case, the child is entitled to apply for Moroccan nationality. No specific age is required for submitting the application, provided that the Minister of Justice raises no objection.
3. Acquisition of Moroccan Nationality Through Kafala (Guardianship)
A Moroccan citizen who has been granted Kafala (legal guardianship) of a foreign child whose parents are unknown may apply for Moroccan nationality on behalf of that child, subject to the following conditions:
The child must be legally declared abandoned, in accordance with the law governing abandoned children.
The child must have ordinarily and continuously resided in Morocco for at least five years.
The guardian must submit a declaration requesting Moroccan nationality for the child, particularly if the child was born outside Morocco.
The final decision rests with the Minister of Justice.
If the guardian fails to submit the application, the child may personally apply for Moroccan nationality within two years after reaching the age of legal majority.
4. Acquisition of Moroccan Nationality Through Mixed Marriage
A foreign woman married to a Moroccan man, whether he acquired Moroccan nationality by birth or by naturalization, may apply for Moroccan nationality after five years of ordinary and continuous residence in Morocco with her husband, provided that the following conditions are met:
The marriage must be legally valid.
The spouses must have ordinarily and continuously resided in Morocco for at least five years.
The application must be submitted while the marriage is still legally in force.
The Minister of Justice must not object to the application.
Foreign women who married Moroccan nationals before the enactment of the current law are also entitled to apply for Moroccan nationality, provided that the marriage remains valid and has not been dissolved.
If the Minister of Justice fails to issue a decision within one year from the date of submission of the application, such silence is deemed to constitute an implicit refusal of the request.
