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For Afghans living in Pakistan, establishing citizenship can be a pathway to security, rights, and opportunities. One key avenue is descent-based citizenship, which allows individuals to claim Pakistani citizenship through a parent who is a citizen. This process involves navigating administrative procedures with the National Database and Registration Authority (NADRA) and, in some cases, seeking judicial intervention through Pakistan’s courts. This blog post provides a comprehensive guide to proving descent-based citizenship, detailing eligibility, the application process, required documents, legal requirements, and practical steps. While the focus is on descent-based citizenship, citizenship by birth is also addressed due to its relevance for Afghans in Pakistan, particularly in regions like Khyber Pakhtunkhwa.
Descent-based citizenship refers to acquiring citizenship through one’s parents or ancestors who hold citizenship in a country. In Pakistan, this is governed by the Pakistan Citizenship Act, 1951, and the Pakistan Citizenship Rules, 1952. For Afghans, many of whom have lived in Pakistan for decades—often as refugees or second-generation residents—proving descent-based citizenship can affirm their legal status. The process typically involves interaction with NADRA, the agency responsible for issuing identity documents, and may require court action if administrative hurdles arise. This guide aims to clarify these steps, offering insights for both legal professionals and general readers seeking to understand or pursue this path.
Pakistan’s citizenship laws also recognize birthright citizenship, granting citizenship to individuals born on Pakistani soil after April 13, 1951, with exceptions for children of foreign diplomats or enemy aliens. However, Afghans born in Pakistan often face practical barriers to claiming this right, making descent-based citizenship a critical alternative for those with a Pakistani parent. This post explores both avenues, emphasizing descent-based citizenship while highlighting legal complexities and regional considerations, such as those in Khyber Pakhtunkhwa.
To claim descent-based citizenship in Pakistan, the primary requirement is having at least one parent who is a Pakistani citizen. The Pakistan Citizenship Act, 1951, under Section 5, outlines that individuals born to a Pakistani citizen—whether in Pakistan or abroad—can acquire citizenship by descent. This applies in two main scenarios:
For those born outside Pakistan, citizenship is automatically granted if either parent is a Pakistani citizen, provided the parent’s citizenship is not itself derived solely by descent (e.g., they must be a citizen by birth or naturalization) or if the parent is employed by the Pakistani government at the time of the child’s birth. For Afghans born in Pakistan, descent-based citizenship hinges on proving that a parent holds Pakistani citizenship, regardless of the parent’s own citizenship origin.
Meanwhile, citizenship by birth offers a theoretical entitlement for anyone born in Pakistan after April 13, 1951. Yet, judicial interpretations differ: the Peshawar High Court has ruled that birthright citizenship requires at least one Pakistani parent, while the Islamabad High Court has held that birth in Pakistan alone suffices. These conflicting rulings create uncertainty, particularly for Afghans, who may be classified as refugees or face administrative resistance despite being born in Pakistan. Thus, descent-based citizenship remains a more reliable route for those with a documented Pakistani parent.
Proving descent-based citizenship involves a structured process, primarily through the Provincial Government, with NADRA playing a role in issuing identity documents once citizenship is recognized. Here’s a step-by-step breakdown:
First, confirm your eligibility by verifying that at least one parent is a Pakistani citizen. For those born abroad, ensure your birth was registered with a Pakistani mission or consulate, especially if your parent’s citizenship is by descent only. Next, obtain Form ‘B’—the official application form for citizenship by descent under the Pakistan Citizenship Rules, 1952. This form must be completed in triplicate, meaning three identical copies are required for submission.
Submit the application to the Provincial Government of the area where you have your “domicile of origin,” typically where your family is rooted or where you reside. In Khyber Pakhtunkhwa, this would be the provincial Home Department or a designated office handling citizenship matters. Accompany the form with all required documents, such as your parent’s citizenship certificate and your birth certificate, to substantiate your claim.
he Provincial Government reviews the application, conducting inquiries to verify details. They may request additional documents, particularly if the parent’s citizenship status is complex (e.g., descent-based itself). In such cases, the application might be forwarded to the Federal Government’s Ministry of Interior for further scrutiny. Upon approval, a certificate of citizenship is issued, which can then be used to apply for a Computerized National Identity Card (CNIC) through NADRA. If denied, applicants can petition the courts for redress, a step increasingly common among Afghans facing bureaucratic obstacles.
For comparison, claiming citizenship by birth lacks a standardized process. Theoretically automatic, it often requires applying to NADRA with a birth certificate. If NADRA rejects the application—common for Afghans due to refugee status or lack of prior registration—court intervention may be necessary to enforce the right.
The documents needed for descent-based citizenship are specific and must be carefully prepared. The core requirements include:
Form ‘B,’ the application form prescribed by the Pakistan Citizenship Rules, 1952, serves as the foundation of your submission. A certified copy of your parent’s Pakistani citizenship certificate or CNIC is essential to prove their status. Your birth certificate, issued by the relevant authority (e.g., a hospital, union council, or Pakistani consulate if born abroad), establishes your relationship to the citizen parent. If your parent’s citizenship is by descent only, additional evidence is required, such as a certificate of your birth registration at a Pakistani mission or proof that your parent was in government service at the time of your birth.
For citizenship by birth, the primary document is a birth certificate issued by Pakistani authorities, such as a union council or hospital record. NADRA may also request supplementary identification, like parents’ documents or proof of residence, to confirm your identity and eligibility. All documents should be originals or certified copies to ensure acceptance.
Pakistan’s citizenship framework rests on federal laws, with provincial authorities implementing them locally. The Pakistan Citizenship Act, 1951, is the cornerstone, with Section 5 specifically addressing citizenship by descent. This section empowers the Provincial Government to process applications and issue certificates, subject to verification. The Pakistan Citizenship Rules, 1952, provide procedural details, such as the use of Form ‘B’ and the requirement for triplicate submissions.
The Federal Government, through the Ministry of Interior, oversees complex cases or appeals, ensuring uniformity across provinces. In Khyber Pakhtunkhwa, while the process aligns with federal guidelines, local administrative practices may vary slightly, such as specific offices or additional scrutiny due to the region’s significant Afghan population. Notably, the KPK Mining Concession Rules, while unrelated to citizenship, exemplify how provincial regulations can supplement federal law—an analogy for potential regional nuances in citizenship procedures.
Court rulings also shape the legal landscape. The Islamabad High Court’s 2022 decision affirming birthright citizenship contrasts with the Peshawar High Court’s narrower interpretation, highlighting the need for judicial clarity, especially for Afghans.
Several authorities play distinct roles in this process. The Provincial Government, such as the Home Department in Khyber Pakhtunkhwa, is the initial point of contact for descent-based citizenship applications, responsible for receiving, reviewing, and approving claims. NADRA issues identity documents like the CNIC once citizenship is granted, though it also handles birth-based claims directly in some cases. The Ministry of Interior steps in for escalated cases, ensuring federal oversight. Courts, including the Peshawar and Islamabad High Courts, serve as a recourse for denials, interpreting and enforcing citizenship rights.
Successfully proving citizenship requires preparation and persistence. Start by gathering all necessary documents—your parent’s citizenship proof, your birth certificate, and any supplementary records—ensuring they are certified and complete. Fill out Form ‘B’ accurately, double-checking details to avoid rejection. Submit your application to the correct Provincial Government office, keeping copies of everything for your records.
Follow up regularly with the authorities, as processing times can vary. If delays or denials occur, consider legal assistance from a lawyer familiar with citizenship law, especially if escalating to the courts. For NADRA applications, visit their website or a local office for guidance on CNIC issuance post-approval. Patience and thoroughness are key, given the administrative and legal challenges Afghans often face.
Real-world cases illustrate this process. In 2022, Fazal Haq, a 24-year-old Afghan born in Pakistan, petitioned the Islamabad High Court after NADRA denied his citizenship claim. Presenting his birth certificate, he won a ruling affirming his right to citizenship, showcasing judicial intervention’s power.
Hypothetically, consider Laila, born in Peshawar to a Pakistani mother and Afghan father. She applies for descent-based citizenship via the Khyber Pakhtunkhwa Home Department, submitting her mother’s CNIC and her birth certificate. After verification, she receives a citizenship certificate and obtains a CNIC from NADRA. If denied, she could appeal to the Peshawar High Court, leveraging her mother’s citizenship as evidence.
Proving descent-based citizenship offers Afghans in Pakistan a vital legal pathway, blending administrative diligence with potential judicial support. By understanding eligibility, following the application process, and preparing the right documents, applicants can navigate this complex system. Whether through NADRA or the courts, persistence and informed action are essential to securing citizenship rights.
This blog post provides general guidance and is not a substitute for professional legal advice. Citizenship laws and procedures can change, and individual cases vary. Consult a qualified lawyer for tailored assistance on your specific situation.