Pakistani nationality law
From Wikipedia, the free encyclopedia
The Pakistani nationality law governs citizenship of the Islamic Republic of Pakistan. The principal legislation determining nationality, the Pakistan Citizenship Act was passed by the Constituent Assembly of Pakistan on 13 April, 1951.
Citizenship
Before the creation of Pakistan, its territories were part of the British Indian Empire (which included modern-day India, Bangladesh and Burma) and its people were British subjects. Pakistan was created on 14th August, 1947 as a state for Muslims and held the status of a Dominion in the British Commonwealth; it included modern-day Bangladesh, which was known as East Bengal and East Pakistan and became independent from Pakistan in 1971. Upon independence from British colonial rule, several millions of Muslims emigrated to Pakistan from India, and several millions of Hindus and Sikhs who had been residing in what became Pakistan emigrated to India, raising a number of citizenship issues.
On 13 April, 1951 the Constituent Assembly of Pakistan, the national legislature, promulgated the Pakistani Citizenship Act to settle questions of nationality and citizenship. The Pakistan Citizenship Act of 1951 conferred the citizenship of Pakistan to the following:
Persons themselves or those with grandparents or parents born in the territory now constituting Pakistan and not residing permanently in another country since 14 August, 1947 (Pakistan's independence day).
Persons themselves or those with grandparents or parents born or having lived in the territories constituting India on the 31 March, 1937.
Persons themselves or those with grandparents or parents naturalised as a British subject in Pakistan.
Persons themselves or those with grandparents or parents who migrated to Pakistan from any territory in the Indo-Pakistan sub-continent.
Every individual born in Pakistan following the enactment of the legislation would automatically become a citizen of Pakistan.
Dual nationality agreements
Since independence, the growth of expatriate Pakistani communities in the Middle East, Europe and North America has led to several changes in Pakistani nationality law. Although holding dual citizenship was not permitted under the 1951 law,
the Government of Pakistan now recognizes and allows its citizens to also hold the citizenships of 16 countries:
United Kingdom
Italy
France
Belgium
Iceland
Australia
New Zealand
Sweden
United States
Ireland
Netherlands
Switzerland
Canada
Egypt
Jordan
Syria
Controversial issues
Both Pakistan and India lay claim to the disputed region of Kashmir, which has been the subject of numerous wars between the two countries. The Pakistani Citizenship Act of 1951 allowed persons who were subjects of the state of Jammu and Kashmir to travel under a Pakistani passport and be considered a citizen of Pakistan without prejudice.
The independence of Bangladesh from Pakistan in 1971 led to the abandonment in the Bengali-majority state of around half a million "Stranded Pakistanis", who traced their ethno-linguistic heritage to the Bihar region. Despite official promises, Bangladesh has not accepted them nor does it recognise them as citizens.
As a fallout of the Afghan civil war, more than ten million Afghans, mainly Pashtuns, became refugees in Pakistan who are not given Pakistani nationality.
Pakistani nationality law - Wikipedia, the free encyclopedia
May also see
Pakistan Citizenship