Research Directorate, Immigration and Refugee Board of Canada

Information on the resumption of Pakistani citizenship was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

1. Legislation

The Pakistan Citizenship Act, 1951 provides the following:

14A. Renunciation of citizenship.

1. If any citizen of Pakistan residing outside Pakistan, who is not a minor and –
   
   1. is also a citizen or national of another country, or
   2. 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 matter 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:
      Provided that, if any such declaration is made during any war in which Pakistan may be engaged, registration thereof shall be withheld until the Federal Government otherwise directs.
2. Where a male person ceases to be a citizen of Pakistan under sub-section (1) –
   
   1. every such minor child of that person as is residing outside Pakistan shall thereupon cease to be a citizen of Pakistan;
      Provided that any such child may, within one year of his completing the age of twenty-one years, make a declaration that he wishes to resume the citizenship of Pakistan and shall upon the making of such declaration become a citizen of Pakistan: and
   2. every such minor child of that person as is residing in Pakistan shall continue to be a citizen of Pakistan. (Pakistan 1951, bold in original)

Section 19-B of the Pakistan Citizenship Rules, 1952 states the following:

19-B. Declaration of intention to resume citizenship of Pakistan.

1. A declaration under the proviso to clause (a) of sub-section (2) of section 14A of the [Pakistan Citizenship Act, 1951] shall be made in quadruplicate in form 'Y'-
   
   1. If the person making the declaration is residing in a foreign country, to the Pakistan Mission or Consulate in that country; and
   2. [I]n any other case, to the Director of Immigration and Passport, through the Provincial Government concerned.
2. Such declaration shall be registered by the Director of Immigration and Passports and the person concerned shall become a citizen of Pakistan from the date of such declaration.
3. There shall be kept by the Director of Immigration and Passport a register in Form Y I' containing the names of persons whose declaration of intention to resume Pakistan citizenship are registered under this rule. (Pakistan 1952, bold in original)

2. Resumption of Pakistani Citizenship

According to the website of the Pakistani Directorate General of Immigration and Passports, any child [whose situation is described in paragraph (b) of sub-section 14A(2) of the Pakistan Citizenship Act, 1951] "may, within one year of his completing the age of 21 years, make a declaration that he wishes to resume the citizenship of Pakistan and shall upon making of such declaration become a citizen of Pakistan" (Pakistan n.d.a).

2.1 Resumption of Pakistani Citizenship After Renunciation as an Adult

In correspondence with the Research Directorate, a partner at a law firm in Islamabad, Pakistan, who has provided expert opinions to the UK government in citizenship cases, stated that "the 1951 Act and the 1952 Rules are silent on the issue of resumption of Pakistani citizenship by adults who voluntarily renounced their citizenship" (Partner 21 Nov. 2019).

The same source added that while the above legislation is silent on the matter,

this issue has been dealt with to some limited extent by the Lahore High Court in case entitled Umar Ahmad Ghumman vs. Government of Pakistan [PLD 2002 Lah.521].

In the above cited case, the Lahore High Court while affirming that "for Pakistani citizens who have renounced their citizenship of origin and would like to have it resumed, the law is not explicit," the Court has expounded on the addition of subsection 3 to Section 14 of the 1951 Act and its arbitrary nature and has in referring to persons who acquired US nationality prior to extension by Pakistan of dual nationality facility to US citizens, held that "those who had renounced their original nationality under the impression that they had no option but to do that also deserve the benefit of this new deal by facilitation of resumption of the original citizenship. It is therefore directed that till such time the law and rules are suitably amended, Rule 19 B of the Pakistan Citizenship Rules, 1952 shall be applicable mutatis mutandis and a declaration in Form Y prescribed under the said rule shall be sufficient proof of the intent of resumption of citizenship and the declarant shall be treated as a citizen of Pakistan" (italics have been added for emphasis).

To our knowledge the direction of the Lahore High Court is still in the field as there has been no amendment in the laws or rules to date. (Partner 21 Nov. 2019)

Furthermore, according to the website of the Embassy of Pakistan in Denmark, Pakistani origin-persons who had earlier renounced their Pakistani nationality to obtain Danish nationality can now claim their original nationality (Pakistan n.d.b). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Requirements and Procedures for the Resumption of Pakistani Citizenship

In order to resume Pakistani citizenship under the provisions of Section 14A of the Pakistan Citizenship Act, 1951, applicants must fill out Form Y (Pakistan n.d.c). A copy of Form Y is attached to this Response.

According to the website of the Embassy of Pakistan in Denmark, the following documents (both original and copies) are required when submitting an application for resumption of Pakistani nationality:

CNIC/NICOP [Computerized National Identity Card/National Identity Card for Overseas Pakistanis]

Pakistani Passport

Danish CPR [Civil Personal Registration number]

Danish Passport

Surrender the original Renunciation Certificate. (Pakistan n.d.b)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Information on examples of cases of persons who have resumed Pakistani citizenship after having renounced it could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Pakistan. 1952. Pakistan Citizenship Rules, 1952. [Accessed 13 Nov. 2019]

Pakistan. 1951 (amended 2017). The Pakistan Citizenship Act, 1951. [Accessed 15 Nov. 2019]

Pakistan. N.d.a. Ministry of Interior, Directorate General of Immigration and Passports. "Renunciation of Pakistan Citizenship." [Accessed 13 Nov. 2019]

Pakistan. N.d.b. Embassy of Pakistan in Copenhagen, Denmark. "Requirements for Machine Readable Passport While Applying at Embassy." [Accessed 10 Jan. 2020]

Pakistan. N.d.c. Form Y. Declaration of Intention to Resume Pakistan Citizenship Under Section 14-A of the Pakistan Citizenship Act, 1951. [Accessed 9 Dec. 2019]

Partner, law firm in Islamabad. 21 November 2019. Correspondence with the Research Directorate.

Additional Sources Consulted

Oral sources: Lawyer practicing in Karachi; Pakistan – Consulate General of Pakistan, Toronto, High Commission for Pakistan, Ottawa.

Internet sites, including: ecoi.net; Factiva; Pakistan – High Commission for Pakistan, Ottawa, Ministry of Interior; UN – Refworld; US – Library of Congress, Guide to Law Online.

Attachment

Pakistan. N.d. Form Y. Declaration of Intention to Resume Pakistan Citizenship Under Section 14-A of the Pakistan Citizenship Act, 1951. [Accessed 9 Dec. 2019]