Pakistani Citizenship (A short guide)

Acquisition of Citizenship of Pakistan

Every person is deemed to be a citizen of Pakistan (1) whose parents or grand parents were born in territories now included in Pakistan and who after August 14, 1947 has not been permanently resident outside Pakistan, or (2) who had any parent or grandparents born in territories included in India on March 31, 1937 and who has been domiciled at commencement of Pakistan Citizenship Act 1951 in Pakistan or in territories now included in Pakistan, or (3) who is a person naturalized as a British subject in Pakistan and has before the date of commencement of the Pakistan Citizenship Act 1951 renounced citizenship of the United Kingdom and of any foreign state; or (4) who before commencement of said Act migrated to territories now included in Pakistan from any territory in the Indo-Pakistan subcontinent and who migrated with intention of settling there permanently.

Furthermore, every person born in Pakistan after commencement of said Act is citizen of Pakistan by birth unless (1) such person’s father possesses at time of his birth such immunity from suit and legal process as is accorded to an envoy of an external sovereign accredited in Pakistan and is not a citizen of Pakistan or (2) his father is an enemy alien and the birth occurs in a place then under enemy occupation. A person may also acquire citizenship by naturalization or by incorporation of new territory.

Under the § 2 Pakistan Citizenship (Amendment) Ordinance 1972, dual nationality is permissible where a person who being a citizen of Pakistan, is also citizen of U.K. and Colonies or of such other country as Federal Government may, by notification in official gazette specify in this behalf.

Under Pakistan Citizenship (Amendment) Act, 1973, § 8(2) a subject of State of Jammu and Kashmir who, being under protection of a Pakistan passport, is resident in U.K. or such other country as Federal Government may, by notification in official gazette, specify in this behalf, shall, without prejudice to his rights and status as a subject of that State, be deemed to be, and always to have been, a citizen of Pakistan.

Under latest Investment Policy, any person of country recognized by Pakistan may get Pakistani citizenship by investing minimum of US$0.75 million in tangible assets and US$0.25 million in cash, both on non-repatriable basis and subject to fulfillment of conditions of Pakistan Citizenship Act.

IMMIGRATION

Entry into Pakistan—Passport Rule 1955.

To enter into Pakistan visa is generally required except in case of country which has reciprocal arrangements with Pakistan.

All foreigners entering the country (not being Commonwealth citizens) must register with police within 24 hours. If they wish to stay in Pakistan after expiry of their visa, they must obtain permission of Police Department.

Technicians, experts and industrial personnel may enter country under the general rules of entry, but their contracts of service in Pakistan must be approved by Investment Promotion Bureau of Ministry of Industries.

A foreign employee whose contract of service has been approved by Investment Promotion Bureau is entitled to remit 50% of his monthly salary up to ceiling of US$750 per month, which may in special cases be raised.

Emigration Ordinance 1979 regulates emigration of Pakistanis for employment abroad. Bureau of Emigration and Overseas Employment headed by Director General controls emigration and is responsible for welfare of emigrants. Protector of Emigrants fulfils same function in relation to particular district. Overseas Employment Corporation recruits Pakistanis for employment abroad. All other persons or agencies may only perform such recruitment, or advertise for such recruitment, if they possess licence from Federal Government.

Pakistani may emigrate if he can furnish proof of permission to work abroad such as employment visa issued by foreign employer or foreign government. Emigrant must appear before Protector of Emigrants and furnish him with any information required before emigrating.

Offences against this Ordinance are treated as criminal offences and tried by Special Courts created by Federal Government. Penalties include fine and imprisonment which may extend to five years.

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