Acquisition and Renunciation of Pakistani CitizenshipPakistani Citizenship Disputes of Overseas Pakistanis
Citizenship Disputes of Overseas Pakistanis
This comprehensive guide explains the laws and procedures for acquisition and renunciation of Pakistani citizenship. Foreigners seeking to obtain Pakistani citizenship, and Overseas Pakistanis looking to renounce their citizenship, will find detailed information on the eligibility criteria, application process, and required documentation.
Pakistani Citizenship Issues for Overseas Pakistanis
Here are some important issues that foreigners may face when dealing with Pakistani citizenship:
Eligibility criteria: Foreigners may struggle to meet the eligibility criteria for Pakistani citizenship, which can include requirements such as residency, language proficiency, and good character.
Complex application process: The application process for Pakistani citizenship can be lengthy and complex, involving multiple stages and requiring extensive documentation.
Security clearance: Foreigners may be required to undergo security clearance before being granted Pakistani citizenship, which can be a time-consuming and invasive process.
Dual citizenship restrictions: Pakistan has restrictions on dual citizenship, which can create difficulties for foreigners who wish to retain their original citizenship while also acquiring Pakistani citizenship.
Language barriers: Foreigners may face language barriers when navigating the Pakistani citizenship process, particularly if they are not proficient in Urdu or English.
Bureaucratic delays: The Pakistani citizenship process can be slow and bureaucratic, with lengthy delays between application stages.
Restrictions on employment & business: Foreigners who acquire Pakistani citizenship may face restrictions on their ability to work or start a business in Pakistan.
Tax implications: Acquiring Pakistani citizenship can have tax implications, both in Pakistan and in the foreigner’s country of origin.
Cultural and social integration: Foreigners who acquire Pakistani citizenship may face challenges integrating into Pakistani culture and society.
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Common Disputes for Acquiring Pakistani Citizenship
Many Overseas Pakistanis facing challenges related to Pakistani citizenship, such as dual nationality, renunciation, and restoration. Some of the common citizen disputes are as follows;
- Dual Nationality Issues
- Renunciation Disputes
- Restoration Disputes
- Acquiring Disputes
Dual Nationality Laws and Regulations
In Pakistan, dual nationality is allowed, but there are certain restrictions and requirements that Overseas Pakistanis need to be aware of. Following are some points to consider:
~ Pakistan allows dual nationality with certain countries, including the UK, US, Canada, Australia, and several European countries.
~ To obtain dual nationality, individuals must apply for a dual nationality certificate from the Pakistani government.
~ Dual nationals are required to disclose their foreign nationality to the Pakistani government and may be subject to certain restrictions, such as not being eligible for certain government positions.
~ Dual nationals may also be required to pay taxes in both countries, depending on their tax residency status.
As an overseas Pakistani, it’s important to understand the laws and regulations surrounding dual nationality to avoid any potential issues or complications. Some common issues that overseas Pakistanis face with dual nationality include:
~ Difficulty in obtaining a Pakistani passport or national ID card.
~ Restrictions on purchasing property or investing in Pakistan.
~ Complexity in navigating tax laws and regulations in both countries.
Renouncing Pakistani Citizenship
Renouncing Pakistani citizenship can be a complex and emotional decision for many overseas Pakistanis. Here are some key points to consider:
~ Reasons for renunciation: Some common reasons for renouncing Pakistani citizenship include acquiring citizenship of another country, avoiding dual taxation, or due to political or ideological differences.
~ Process of renunciation: To renounce Pakistani citizenship, individuals must submit an application to the Pakistani government, typically through the Pakistani embassy or consulate in their country of residence.
~ Required documents: The application must be accompanied by required documents, such as a valid Pakistani passport, national ID card, and proof of citizenship of another country.
~ Fee and processing time: There is a fee associated with renouncing Pakistani citizenship, and the processing time can take several weeks.
~ Consequences of renunciation: Renouncing Pakistani citizenship can have significant consequences, including loss of right to vote, hold public office, or own property in Pakistan.
It’s essential for overseas Pakistanis to carefully consider the consequences of renouncing Pakistani citizenship and seek professional advice before making a decision. Some common issues that overseas Pakistanis face when renouncing Pakistani citizenship include:
~ Difficulty in obtaining a visa for Pakistan: After renouncing Pakistani citizenship, individuals may face challenges in obtaining a visa to visit Pakistan.
~ Loss of inheritance rights: Renouncing Pakistani citizenship can also result in the loss of inheritance rights to property or assets in Pakistan.
~ Tax implications: Renouncing Pakistani citizenship can have tax implications, including potential tax liabilities in Pakistan.
Restoration of Pakistani Citizenship
Restoring Pakistani citizenship can be a complex and challenging process for individuals who have previously renounced their citizenship. Here are some key points to consider:
~ Eligibility: To be eligible for restoration of Pakistani citizenship, individuals must meet certain criteria, such as having renounced their citizenship due to circumstances beyond their control or having a strong connection to Pakistan.
~ Process: The process of restoring Pakistani citizenship typically involves submitting an application to the Pakistani government, providing required documents, and paying a fee.
~ Required documents: The application must be accompanied by required documents, such as a valid passport, national ID card, and proof of renunciation of Pakistani citizenship.
~ Processing time: The processing time for restoration of Pakistani citizenship can take few weeks.
~ Conditions for restoration: The Pakistani government may impose certain conditions for restoration of citizenship, such as requiring the individual to reside in Pakistan for a certain period or to demonstrate a strong connection to the country.
It’s important for individuals to carefully consider the requirements and process for restoring Pakistani citizenship and seek professional advice before submitting an application so as to avoid following common issues that individuals face when restoring Pakistani citizenship include:
~ Difficulty in meeting eligibility criteria: The eligibility criteria for restoration of Pakistani citizenship can be strict, and individuals may face challenges in meeting the requirements.
~ Bureaucratic hurdles: The process of restoring Pakistani citizenship can involve dealing with bureaucratic hurdles and red tape, which can be frustrating and time-consuming.
Challenges faced by Overseas Pakistanis in obtaining citizenship for their children
Overseas Pakistanis often face challenges when trying to obtain Pakistani citizenship for their children which are as follows;
¬ Citizenship by descent: Pakistani citizenship can be acquired by descent, meaning that children of Pakistani citizens can acquire citizenship regardless of their place of birth.
¬ Registration of birth: To acquire Pakistani citizenship, the birth of the child must be registered with the Pakistani authorities, either at the Pakistani embassy or consulate in the country of birth or at the local authorities in Pakistan.
¬ Documentation requirements: The registration process requires various documents, including the child’s birth certificate, parents’ Pakistani passports and national ID cards, and proof of residency.
¬ Time limits: There are time limits for registering the birth of a child, and failure to do so within the specified timeframe can result in difficulties in acquiring Pakistani citizenship.
¬ Dual nationality: Children of overseas Pakistanis may be eligible for dual nationality, but this can depend on the laws of the country of birth and the parents’ nationality.
It’s necessary for overseas Pakistanis to be aware of the requirements and procedures for acquiring Pakistani citizenship for their children and to seek professional advice from our law firm to ensure a smooth and successful process which result in avoiding the common challenges faced by overseas Pakistanis in obtaining citizenship for their children include;
¬ Difficulty in registering birth: Registering the birth of a child with the Pakistani authorities can be a complex and time-consuming process, especially if the child is born in a foreign country.
¬ Lack of awareness: Many overseas Pakistanis are not aware of the requirements and procedures for acquiring Pakistani citizenship for their children, which can lead to delays and difficulties.
¬ Bureaucratic hurdles: The process of acquiring Pakistani citizenship for children can involve dealing with bureaucratic hurdles and red tape, which can be frustrating and time-consuming.
Acquisition of Pakistani Citizenship
Obtaining a Pakistani Citizenship
Pakistani citizenship can be acquired through various methods, including birth, descent, marriage, and naturalization which are explained here in after;
Citizenship by Birth
Individuals born in Pakistan are considered citizens, except for children of foreign diplomats and enemy aliens. A child born in Pakistan to foreign parents automatically receives Pakistani citizenship if at least one parent was also born in Pakistan.
Citizenship by Descent
Individuals born outside Pakistan to at least one Pakistani parent can claim citizenship. Proof of ancestry and legal documentation are required to validate such claims.
Citizenship by Marriage
A foreign woman marrying a Pakistani man can apply for citizenship immediately and a foreign man married to a Pakistani woman must follow the standard naturalization process, including seven years of residency before applying.
Citizenship by Naturalization
Foreigners must reside in Pakistan for at least five to seven consecutive years and demonstrate proficiency in Urdu or another regional language and also have a clean criminal record and good moral character.
What are the requirements for acquiring Pakistani Citizenship?
The requirements for obtaining Pakistani citizenship depends on the mode and method of acquisition and here are the general requirements for each mode.
1. Citizenship by Birth
¬ Born in Pakistan to at least one Pakistani parent provided that the children of foreign diplomats or enemy aliens are not eligible.
2. Citizenship by Descent
¬ Born outside Pakistan to at least one Pakistani parent.
¬ Proof of ancestry and legal documentation required.
3. Citizenship by Marriage
¬ Foreign Women: Marriage to a Pakistani man; immediate eligibility for citizenship.
¬ Foreign Men: Marriage to a Pakistani woman; must follow naturalization process after seven years of residency.
4. Citizenship by Naturalization
¬ Residency: Five to seven consecutive years of residency in Pakistan.
¬ Language Proficiency: Proficiency in Urdu or another regional language.
¬ Good Character: Clean criminal record and good moral character.
¬ Application: Submit Form ‘E’ with required documents, including proof of residency, identity verification, and language proficiency certificate.
How long does it take to get Pakistani Citizenship?
As the acquisition of Pakistani citizenship is quite complex therefore the processing time for Pakistani citizenship varies on the method of acquisition and case to case. However, there may cause delay due to security checks and pendency of multiple applications.
1. Citizenship through Naturalization:
¬ Foreigners must reside in Pakistan for at least seven consecutive years, including an unbroken 12-month stay before applying.
¬ After submitting the application, processing times can take few months due to security checks and bureaucratic procedures.
2. Citizenship by Investment:
¬ The process typically takes 6 to 8 weeks for Commonwealth citizens who transfer Rs. 5 million worth of foreign exchange to Pakistan.
¬ For other investment programs, processing times can range from 4-6 months to 1-2 years or more, depending on the specific program and requirements.
3. Factors Contributing to Delays:
¬ Stringent Security Checks: Pakistan’s security checks and bureaucratic procedures can cause significant delays in the citizenship process.
¬ Bureaucratic Delays: The complexity of the application process and the workload of the relevant authorities can also contribute to delays.
¬ Unclear Policies: Lack of transparency and clarity in citizenship policies can lead to confusion and delays.
What is the process of acquiring citizenship?
Pakistani citizenship can be acquired through various methods, including birth, descent, marriage, and naturalization. Each mode has its own procedure which is highlighted hereunder;
- Citizenship by Naturalization
- Citizenship by Descent
- Citizenship by Marriage
- Citizenship for Commonwealth Citizens
Complete Form ‘E’: Fill out the application form in quadruplicate, ensuring it’s attested by a notary public or magistrate.
Submit Required Documents: Attach necessary documents, including:
– Proof of Residency: Five to seven consecutive years of residency in Pakistan.
– Language Proficiency: Proficiency in Urdu or another regional language.
– Good Character: Clean criminal record and good moral character.
– Affidavit: Affirming the truth of all statements in the application.
– Photographs: Ten recent color photographs.
Pay Submission Fee: Rs. 400 submission fee and Rs. 20 stamp paper for the affidavit.
Application Review: The Federal Government reviews the application, verifies documents, and conducts background checks.
Certificate of Registration: If approved, a certificate of registration in Form ‘R-1’ is issued.
Eligibility: Born outside Pakistan to a Pakistani parent.
Required Documents: Proof of ancestry, birth certificate, and parent’s Pakistani citizenship documents.
Application Submission: Submit the application with supporting documents to the relevant authorities.
Eligibility: Foreign women married to Pakistani men can apply for citizenship immediately.
Required Documents: Marriage certificate, husband’s CNIC and passport, and other supporting documents.
Application Submission: Submit Form ‘F’ with required documents to the Directorate General of Immigration and Passports or regional offices.
Application Submission: Submit Form ‘F’ with required documents to the Directorate General of Immigration and Passports or regional offices.
Verification: Authorities verify the marriage certificate, identity documents, and proof of marital relationship.
Background Checks: Security checks and background verification may be conducted.
Citizenship Certificate: If approved, a citizenship certificate is issued.
Renunciation of Pakistani Citizenship
Renunciation of Pakistani citizenship is the process by which an individual voluntarily gives up their Pakistani citizenship. This can be done for various reasons, such as acquiring citizenship of another country that have no treaty of holding dual citizenship or due to any other personal circumstances.
Pakistani citizens who wish to renounce their citizenship can do so if they meet certain eligibility criteria. Typically, individuals who have acquired or are in the process of acquiring citizenship of another country may be eligible to renounce their Pakistani citizenship.
To renounce Pakistani citizenship, individuals must submit an application to the relevant authorities, usually the Pakistani embassy or consulate in their country of residence or the Directorate General of Immigration and Passports in Pakistan. The application should include supporting documents, such as proof of acquisition of another citizenship or documentation showing intent to acquire another citizenship.
What are the requirements for Renouncing Pakistani Citizenship?
The specific requirements for renunciation of Pakistani citizenship may vary depending on individual circumstances. However, the main requirements which includes;
Eligibility Criteria
- You must be at least 21 years old to renounce Pakistani citizenship independently. If you’re under 21, your parent or guardian can include you in their renunciation application.
- You must have acquired or be guaranteed another citizenship. Pakistan doesn’t allow renunciation without another nationality or a guaranteed path to one.
Required Documents
- Application Form: A signed letter addressed to the Ministry of Interior or relevant Pakistani mission, stating your intention to renounce citizenship and reasons.
- Foreign Citizenship Proof: A notarized copy of your new country’s passport or citizenship/naturalization certificate. If your new citizenship is still pending, provide an official guarantee letter.
- Pakistani Identity Documents: Surrender all valid and expired Pakistani passports, CNIC/NICOP cards, and any child registration certificates.
- Proof of ID Cancellation Application: Apply online for CNIC/NICOP cancellation and include the payment receipt with your renunciation packet.
- Photographs: Recent passport-sized photos (typically 6-7 copies) with a white or light blue background.
- Additional Documents: Marriage certificates (if applicable), birth certificates for minor children, and proof of Pakistani citizenship (old passport, etc.).
Submission Process
- Submit your application in person at the Pakistani embassy or consulate in your country of residence or the Directorate General of Immigration & Passports in Pakistan.
- Pay the applicable fee, which depends which country you are in country.
- Receive a Renunciation Certificate after processing, which typically takes 3-6 months but can take up to a year or more.
How long does it take to renounce Pakistani citizenship?
Renouncing Pakistani citizenship typically takes around 4 to 12 months, but processing times depend on individual circumstances.
Factors Contributing to Delays:
- Backlog of Applications: High volume of cases can slow down processing times.
- Completeness of Documentation: Incomplete or inaccurate applications can lead to delays.
- Bureaucratic Processes: Additional verification steps and background checks can add to processing time.
- Pending Foreign Citizenship: Applications involving pending foreign citizenship may take longer as Pakistani authorities wait for confirmation.
Processing Timeframes:
- Normal Processing Time: 4 to 6 months from submission.
- Average Processing Time: 6 to 12 months, with some cases taking up to a year or more.
- Specific Cases: Applications involving pending foreign citizenship or additional documentation requirements may take longer.
Implications for Renouncing Pakistani Citizenship
Renouncing Pakistani citizenship has significant implications, including:
- Loss of Rights and Privileges: Individuals who renounce their Pakistani citizenship will no longer have the right to vote, own property, or access government services in Pakistan.
- Travel Implications: Renouncing Pakistani citizenship may affect an individual’s ability to travel to Pakistan or other countries.
- Dual Citizenship Implications: If an individual is renouncing Pakistani citizenship to acquire citizenship of another country that does not allow dual citizenship, they should be aware of the implications of losing their Pakistani citizenship.
What is the procedure for Renouncing Pakistani Citizenship?
Renouncing of citizenship means termination of citizenship. After renunciation of citizenship, a person can no longer be a citizen. Here is a step-by-step process for Renouncing a Pakistani Citizenship;
- Step 1
- Step 2
- Step 3
- Step 4
- Step 5
- Step 6
- Step 7
Determine Eligibility
Must check if you meet the eligibility criteria for renouncing Pakistani citizenship. Typically, individuals who have acquired or are in the process of acquiring citizenship of another country may be eligible.
Gather Required Documents
¬ Application Form: Obtain the application form for renunciation of citizenship from the Pakistani embassy or consulate in your country of residence or the Directorate General of Immigration and Passports in Pakistan.
¬ Supporting Documents: Collect documents showing proof of acquisition of another citizenship or intent to acquire another citizenship.
¬ Identity Documents: Ensure you have a valid passport, national ID card, or other government-issued ID.
Fill Out the Application Form
Fill out the application form accurately and completely and sign the form as required. You must disclose every information that is asked in the form.
Submit the Application
Submit the application form and supporting documents to the relevant authorities. This may be done in person or through a representative, depending on the specific requirements.
Pay Any Applicable Fees
For the fee you must visit the official website of the authority and check the amount of the fees associated with renouncing Pakistani citizenship and pay the fees as required.
Attend an Interview (if required)
In some cases, an interview may be required as part of the renunciation process. Be prepared to provide additional information or clarify details about your application.
Receive a Decision
The relevant authorities will review your application and make a decision. If your application is approved, you will be issued a certificate or other documentation confirming the renunciation of your Pakistani citizenship.
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