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Pakistan Naturalization and Citizenship (view source)
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== Citizenship at the date of commencement of this Act: == | == Citizenship at the date of commencement of this Act: == | ||
At the Commencement of this Act every person shall be deemed to be a citizen of Pakistan: | At the Commencement of this Act every person shall be deemed to be a citizen of Pakistan: | ||
* Who or any of whose parents or grandparents was born in the territory now included in Pakistan and who after the fourteenth day of August, 1947, has not been permanently resident in any country outside Pakistan. | |||
* Who or any of whose parents or grandparents was born in the territory now included in Pakistan and who after the fourteenth day of August, 1947, has not been permanently resident in any country outside Pakistan | * Who or any of whose parents or grandparents was born in the territories included in India on the thirty-first day of March, 1937, (and who except in the case of a person who was in the service of Pakistan or of any Government or Administration in Pakistan at the commencement of this Act) or had his domicile within the meaning of part II of the Succession Act, 1925, as in force at the commencement of this Act, in Pakistan or in the territories now included in Pakistan | ||
* Who or any of whose parents or grandparents was born in the territories included in India on the thirty-first day of March, 1937, (and who except in the case of a person who was in the service of Pakistan or of any Government or Administration in Pakistan at the commencement of this Act) or had his domicile within the meaning of part II of the Succession Act, 1925, as in force at the commencement of this Act, in Pakistan or in the territories now included in Pakistan | * Who is a person naturalized as a British subject in Pakistan; and who, if before the date of the commencement of this Act he has acquired the citizenship of any foreign State, has before that date renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it | ||
* Who is a person naturalized as a British subject in Pakistan; and who, if before the date of the commencement of this Act he has acquired the citizenship of any foreign State, has before that date renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it | |||
* Who before the commencement of this Act migrated to the territories now included in Pakistan from any territory in the Indo-Pakistan sub-continent outside those territories with the intention of residing permanently in those territories. | * Who before the commencement of this Act migrated to the territories now included in Pakistan from any territory in the Indo-Pakistan sub-continent outside those territories with the intention of residing permanently in those territories. | ||
=== Citizenship by Birth === | === Citizenship by Birth === | ||
Every person born in Pakistan after the commencement of this act shall be a citizen of Pakistan by birth. | Every person born in Pakistan after the commencement of this act shall be a citizen of Pakistan by birth. | ||
Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth: | Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth: | ||
* His father possesses such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Pakistan and is not a citizen of Pakistan | * His father possesses such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Pakistan and is not a citizen of Pakistan | ||
* His father is an enemy alien and the birth occurs in a place then under occupation by the enemy. | * His father is an enemy alien and the birth occurs in a place then under occupation by the enemy. | ||
=== Citizenship by Descent === | === Citizenship by Descent === | ||
Subject to the provision of section 3 a person born after the commencement of this act, shall be a citizen of Pakistan by descent if his (parent) is a citizen of Pakistan at the time of his birth. | Subject to the provision of section 3 a person born after the commencement of this act, shall be a citizen of Pakistan by descent if his (parent) is a citizen of Pakistan at the time of his birth. | ||
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=== Citizenship by Migration === | === Citizenship by Migration === | ||
The (Federal Government) may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Pakistan by migration any person who (after the commencement of this Act and before the first day of January, 1952, has migrated) to the territories now included in Pakistan from any territory in the Indo-Pakistan sub-continent out side those territories, with the intention of residing permanently in those territories: | The (Federal Government) may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Pakistan by migration any person who (after the commencement of this Act and before the first day of January, 1952, has migrated) to the territories now included in Pakistan from any territory in the Indo-Pakistan sub-continent out side those territories, with the intention of residing permanently in those territories: | ||
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Registration granted under the preceding sub-section shall include besides the person himself, his wife, if any unless his marriage with has been dissolved and any minor child or his dependent whether wholly or partially upon him. | Registration granted under the preceding sub-section shall include besides the person himself, his wife, if any unless his marriage with has been dissolved and any minor child or his dependent whether wholly or partially upon him. | ||
== Right of Citizenship of certain persons resident abroad: | ==Right of Citizenship of certain persons resident abroad:== | ||
The Federal Government may, upon application made to it in this half register as a citizen of Pakistan any person who, or whose father or whose father’s father, who born in the Indo-Pakistan sub-continent and who is ordinarily resident in a country outside Pakistan at the commencement of this Act, if he has unless exempted by the Federal Government in this behalf, obtained a certificate of domicile: | The Federal Government may, upon application made to it in this half register as a citizen of Pakistan any person who, or whose father or whose father’s father, who born in the Indo-Pakistan sub-continent and who is ordinarily resident in a country outside Pakistan at the commencement of this Act, if he has unless exempted by the Federal Government in this behalf, obtained a certificate of domicile: | ||
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=== Citizenship by Naturalization === | === Citizenship by Naturalization === | ||
The Federal Government may, upon an application made to it in that behalf by any person who has been granted a certificate of naturalization under the Naturalization Act, 1926 register that person as a citizen of Pakistan by naturalization: | The Federal Government may, upon an application made to it in that behalf by any person who has been granted a certificate of naturalization under the Naturalization Act, 1926 register that person as a citizen of Pakistan by naturalization: | ||
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=== Registration of Minors === | === Registration of Minors === | ||
The Federal Government may, upon application to it in this behalf made in the prescribed manner by a parent or a guardian of a minor child of citizen of Pakistan, register the child as citizen of Pakistan. | The Federal Government may, upon application to it in this behalf made in the prescribed manner by a parent or a guardian of a minor child of citizen of Pakistan, register the child as citizen of Pakistan. | ||
The Federal Government may in such circumstances as it thinks fit, register any minor, as a citizen of Pakistan. | The Federal Government may in such circumstances as it thinks fit, register any minor, as a citizen of Pakistan. | ||
=== Renunciation of Citizenship (60) | === Renunciation of Citizenship (60)=== | ||
If any citizen of Pakistan residing outside Pakistan, who is not a minor and: | If any citizen of Pakistan residing outside Pakistan, who is not a minor and: | ||
* Is also a citizen or national of another country | * Is also a citizen or national of another country | ||
* Has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that other country upon renouncing his citizenship of Pakistan, makes in the prescribed manner a declaration renouncing his citizenship of Pakistan, the declaration shall be registered by the prescribed authority, and upon such registration that person shall cease to be a citizen of Pakistan: | * Has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that other country upon renouncing his citizenship of Pakistan, makes in the prescribed manner a declaration renouncing his citizenship of Pakistan, the declaration shall be registered by the prescribed authority, and upon such registration that person shall cease to be a citizen of Pakistan: | ||
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* Every such minor child of that person as is residing outside Pakistan shall thereupon cease to be a citizen of Pakistan: | * Every such minor child of that person as is residing outside Pakistan shall thereupon cease to be a citizen of Pakistan: | ||
** Certain persons to be citizens of Pakistan (61, 62): A Person who being a subject of the State of Jammu and Kashmir, has migrated to Pakistan with the intention of residing therein until such time as the relationship between Pakistan and the State is finally determined, shall, without prejudice to his status as such subject, be a citizen of Pakistan. | ** Certain persons to be citizens of Pakistan (61, 62): A Person who being a subject of the State of Jammu and Kashmir, has migrated to Pakistan with the intention of residing therein until such time as the relationship between Pakistan and the State is finally determined, shall, without prejudice to his status as such subject, be a citizen of Pakistan. | ||
'''61. Inserted Act XXXIX of 1973<br>62. 1995 SCMR 15554''' | :'''61. Inserted Act XXXIX of 1973 | ||
<br>62. 1995 SCMR 15554''' | |||
=== Deprivation of Citizenship === | === Deprivation of Citizenship === | ||
A citizen of Pakistan shall cease to be a citizen of Pakistan if he is deprived of that citizenship by an order under the next following sub-sections. | A citizen of Pakistan shall cease to be a citizen of Pakistan if he is deprived of that citizenship by an order under the next following sub-sections. | ||
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* Has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan | * Has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan | ||
* Has, during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or | * Has, during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war | ||
* Has within five years of being naturalized been sentenced in any country to imprisonment for a term of not less than 12 months. | * Has within five years of being naturalized been sentenced in any country to imprisonment for a term of not less than 12 months. | ||
Certain persons to lose and others to retain citizenship (68): | Certain persons to lose and others to retain citizenship (68): | ||
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** Were residing in Pakistan on that day but after that day voluntarily migrate to those territories shall cease to be citizens of Pakistan | ** Were residing in Pakistan on that day but after that day voluntarily migrate to those territories shall cease to be citizens of Pakistan | ||
** Were residing in Pakistan on that day and are voluntarily residing therein since that day shall continue to be citizens of Pakistan | ** Were residing in Pakistan on that day and are voluntarily residing therein since that day shall continue to be citizens of Pakistan | ||
** Were residing in those territories on that day but voluntarily came to Pakistan after that day with the approval of the Federal Government shall continue to be citizens of Pakistan. | ** Were residing in those territories on that day but voluntarily came to Pakistan after that day with the approval of the Federal Government shall continue to be citizens of Pakistan. | ||
Provided that any person referred to in clause (i) whose repatriation to Pakistan has been agreed to by the Federal government and who have not been so repatriated before the commencement of Pakistan Citizenship [Amendment] Ordinance, 1978, shall continue to be citizens of Pakistan. | Provided that any person referred to in clause (i) whose repatriation to Pakistan has been agreed to by the Federal government and who have not been so repatriated before the commencement of Pakistan Citizenship [Amendment] Ordinance, 1978, shall continue to be citizens of Pakistan. | ||