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Rights of Foreign Nationals


Information presented in this booklet is intended for general use and may change without prior notice. For up-to-date and detailed data, please consult your legal adviser .
First edition 1995 
Second edition 1997
Published by :
IRAN CHAMBER OF COMMERCE, INDUSTRIES AND MINES


States are not required to admit foreign nationals, but if they permit Foreigners the right of entrance, they must treat them in a manner consistent with international standards of human respect and civil rights. However, the extent of the enjoyment of these rights is shaped by the political, economic and social orientation of each state. 
Consequently, foreigners wishing to reside and work in the Islamic Republic of Iran, would certainly like to know more about their rights and legal status in this country .


Who is considered a foreign national under Iranian law?

 
Persons who are not considered as Iranian citizens in accordance with the provisions set out in Article 976 the Civil Code 

What is the Iranian approach to the foreigners' rights ?

 
In accordance with Principle 22 of the Constitution of the Islamic Republic of Iran, the honor, life, property, rights, dwellings and jobs of people ( whether a national or foreigner ) cannot be interfered except where allowed by law. Moreover, the Iranian Civil Code expressly asserts that foreign nationals, except in very few cases, are entitled to their duly recognized civil rights.

To what extent does the national law govern foreigners traveling to and residing in Iran?

 
All inhabitants of Iran, including Iranian and foreign citizens, are subject to the various laws and regulations of the Islamic Republic of Iran, except in cases where there is a clear legal exclusion. Foreigners , like Iranians, are protected legally against any infringement on their property and established rights. They are also entitled to refer to the courts and seek justice, or a redress of grievances. In matters relating to their personal status ( such as marriage, divorce, inheritance ) foreign nationals residing in the territory of Iran, shall, within the limits laid down by bilateral treaties, be bound by the laws of their respective government.

How can foreigners possess immovable property ?

 
To take ownership of a property for dwelling, launching a business or an industry in Iran, foreign nationals need to procure special permission from the government . As soon as their acquisition of the immovable property is established . they shall enjoy the same ownership rights that Iranian nationals are entitled to. However, if the foreigner changes his permanent residence (domicile) from Iran to another country, he is required to transfer the title of his immovable property to an Iranian or a duly qualified foreigner.

Is the permanent residence of a foreigner in Iran, in all cases, a prerequisite for ownership of immovable property ?

 
No. There is an exception in favor of nonresidents, The Council of Ministers may grant the right of ownership of dwelling places to foreigners who lack a permanent residence permit but travel regularly to Iran for tourism and seasonal recreation.

What types of residence can foreigners have in Iran ?

 
Two types: permanent and temporary . Foreigners have permanent residence when they choose a legal domicile in the territory of the Islamic Republic of Iran. Otherwise, their residence shall be considered temporary .