The Pakistan Citizenship Act, 1951

The Pakistan Citizenship Act, 1951

1. Short title and commencement. (1) This Act may be called the Pakistan Citizenship Act, 1951. (2) It shall come into force at once.

2. Definitions. In this Act— “alien” means a person who is not a citizen of Pakistan or a Commonwealth citizen; “Indo-Pakistan sub-continent” means India as defined in the Government of India Act, 1935 (26 Geo.5, c.2.), as originally enacted; “minor” means, notwithstanding anything in the Majority Act, 1875 (IX of 1875), any person who has not completed the age of twentyone years; “prescribed” means prescribed by rules made under this Act; “Commonwealth citizen” means a person who has the status of a Commonwealth citizen under the British Nationality Act, 1948 (11 & 12, Geo.6, c.56.) “British protected person” means a person who has the status of a British protected person for the purposes of the British Nationality Act, 1948 (11 & 12 Geo.c.56.)

3. 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— (a) 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; or (b) who or any of whose parents or grandparents was born in the territories included in India on the thirtyfirst 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, has or had his domicile within the meaning of Part II of the Succession Act, 1925 (XXXIX of 1925), in Pakistan; or (c) who is a person naturalised 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; (d) 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.

4. Citizenship by birth. Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth, provided they are not children of foreign envoys with diplomatic immunity or children of enemy aliens in occupied territory.

5. Citizenship by descent. Subject to provisions, a person born after the commencement of this Act shall be a citizen by descent if their parent is a citizen of Pakistan at the time of birth, provided that if the parent is a citizen by descent only, the birth must be registered at a Pakistan Consulate or the parent must be in the service of the Government of Pakistan.

6. Citizenship by migration. The Federal Government may register as a citizen by migration any person who, after the commencement of this Act and before January 1, 1952, migrated to Pakistan with the intent of permanent residence.

7. Persons migrating from the territories of Pakistan. Persons migrating from Pakistan to India after March 1, 1947, shall not be citizens, except for those returning under a valid permit for permanent resettlement.

8. Rights of citizenship of certain persons resident abroad. The Federal Government may register as a citizen any person born in the Indo-Pakistan sub-continent who is ordinarily resident abroad, subject to domicile requirements.

9. Citizenship by naturalisation. The Federal Government may register any person granted a certificate of naturalisation under the Naturalisation Act, 1926, as a citizen of Pakistan.

10. Married women. Provisions are made for the registration of women married to Pakistani citizens.

11. Registration of minors. The Federal Government may register minors as citizens upon application by a parent or guardian.

12. Citizenship by registration to begin on date of registration.

13. Citizenship by incorporation of territory. The President may specify citizenship status for persons in territories incorporated into Pakistan.

14. Dual citizenship or nationality not permitted. Dual nationality is not permitted for Pakistani citizens unless specifically exempted.

14A. Renunciation of citizenship. Citizens residing outside Pakistan who hold or are assured of another nationality may renounce their Pakistani citizenship through a formal declaration.

14B. Certain persons to be citizens of Pakistan. Subjects of the State of Jammu and Kashmir who migrated to Pakistan with the intent of permanent residence remain citizens.

15. Persons becoming citizens to have the status of Commonwealth citizens.

16. Deprivation of citizenship. The Federal Government may deprive a citizen of their status if obtained by fraud, if the citizen is disloyal, or if they have resided outside Pakistan for seven years without registering their intent to retain citizenship.

16A. Certain persons to lose and others to retain citizenship. Defines the citizenship status for those domiciled in former East Pakistan regarding the events of December 16, 1971.

17. Certificate of domicile. Issued to persons residing in Pakistan for at least one year.

18. Delegation of powers.

19. Cases of doubt as to citizenship.

20. Acquisition of Pakistan citizenship by citizens of Commonwealth countries.

21. Penalties. False statements for the purpose of obtaining citizenship are punishable.

22. Interpretation.

23. Rules.