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For many long-term residents of Pakistan who hold Afghan Citizen Cards (ACC) or Proof of Registration (POR) cards, the desire for Pakistani citizenship is a deeply personal and practical matter. This aspiration is rooted in decades of life in Pakistan, with families, businesses, and communities established on Pakistani soil. However, the path to citizenship is not straightforward, particularly for those holding these specific identification documents.
The recent announcements by the Government of Pakistan regarding the repatriation of Afghan nationals, including PoR cardholders, have brought this issue to the forefront, making it more critical than ever for individuals to understand the legal processes and requirements. This detailed guide aims to clarify the steps involved, the necessary documents, and the legal framework surrounding the cancellation of an ACC or POR card as a prerequisite for applying for Pakistani citizenship.
The primary law governing Pakistani nationality is the Pakistan Citizenship Act, 1951. This act outlines the various ways in which a person can acquire citizenship, including by birth, descent, migration, and naturalization. For individuals who are not Pakistani citizens by birth or descent, the most relevant pathway is through naturalization. The Naturalization Act, 1926, also plays a crucial role in this process.
A critical point to understand is that holding a POR or ACC card designates you as a registered Afghan refugee or documented Afghan national, not as a Pakistani citizen. These cards are issued by Pakistani authorities in collaboration with the United Nations High Commissioner for Refugees (UNHCR) and the Ministry of States and Frontier Regions (SAFRON) to manage and document the Afghan population in the country. The status of a refugee or foreign national is fundamentally different from that of a citizen. As such, the first and most critical step towards naturalization is the formal cancellation or surrender of your refugee or foreign national status, as evidenced by your ACC or POR card.
For many long-term residents of Pakistan who hold Afghan Citizen Cards (ACC) or Proof of Registration (POR) cards, the desire for Pakistani citizenship is a deeply personal and practical matter. This aspiration is rooted in decades of life in Pakistan, with families, businesses, and communities established on Pakistani soil. However, the path to citizenship is not straightforward, particularly for those holding these specific identification documents.
The legal principle at play is that one cannot simultaneously hold refugee status and apply for citizenship in the host country. The cancellation of these cards is a necessary prerequisite that signifies the individual's renunciation of their refugee or documented foreign status and their intent to seek a new legal identity as a citizen of Pakistan.
The first step is to submit a formal application to the appropriate authority requesting the cancellation of your card. In most cases, this application is directed to the National Database and Registration Authority (NADRA) and/or the Commissionerate for Afghan Refugees (CAR), which operates under the Ministry of SAFRON. The application should clearly state your intention to renounce your refugee status and apply for Pakistani citizenship.
Upon approval of your cancellation request, you will be required to physically surrender your ACC or POR card at a designated office, such as a NADRA center or a CAR office. It is crucial to obtain a receipt or a confirmation document as proof that the card has been surrendered and the cancellation process is complete. This document will be a vital part of your subsequent citizenship application.
Let's consider a hypothetical case. Ali, an Afghan national, has lived in Peshawar, Khyber Pakhtunkhwa, for over 30 years. He holds a POR card and is married to a Pakistani citizen. Their children were also born in Pakistan. To apply for citizenship, Ali must first approach the Commissionerate for Afghan Refugees in Peshawar and/or the local NADRA office. He would submit a written request to cancel his POR card, stating his intention to seek Pakistani citizenship. After the request is processed, he would be required to surrender his card and would receive an official acknowledgment or cancellation certificate. This certificate is his key to moving forward with the citizenship application.
Once your ACC or POR card is formally canceled, you can begin the application for Pakistani citizenship through the process of naturalization. This process is governed by the Pakistan Citizenship Act, 1951, and requires a series of steps and the submission of a comprehensive set of documents.
The Pakistan Citizenship Act, 1951, outlines the general criteria for naturalization. Key requirements include:
The documentation for a naturalization application is extensive and requires careful preparation. The following is a list of commonly required documents, though specific requirements may vary based on individual circumstances and the discretion of the authorities:
Navigating the citizenship application process involves several key authorities, each with a distinct role.
National Database and Registration Authority (NADRA): NADRA is the central authority for all national identity documents in Pakistan. It is the primary body for the cancellation of ACC/POR cards and for the eventual processing of the citizenship application.
Ministry of States and Frontier Regions (SAFRON): As the ministry responsible for Afghan refugees, SAFRON and its subsidiary, the Commissionerate for Afghan Refugees (CAR), are the authorities to approach for the initial cancellation of a POR card.
Ministry of Interior: The Ministry of Interior is the ultimate federal authority responsible for citizenship and nationality matters. All citizenship applications are reviewed and approved by this ministry.
Provincial and District Governments: At the provincial level, authorities in Khyber Pakhtunkhwa (and other provinces) are involved in issuing domicile certificates and other documents that confirm a person's long-term residence.
The process of canceling a POR or ACC card and applying for citizenship is complex and can be lengthy. Here is some practical advice to help you navigate the system effectively:
The most important step is to consult a qualified lawyer who specializes in Pakistani immigration and nationality law. A lawyer can provide you with up-to-date information, help you prepare all the necessary documents, and represent you in dealings with the authorities. They can also advise you on the specific legal nuances of your situation, especially considering any judicial precedents, such as those from the Peshawar High Court, which may have a bearing on your case.
Before you begin, gather and organize all your personal and supporting documents. Ensure that all photocopies are clear and that original documents are readily available for verification. Any discrepancies or missing information can significantly delay your application.
The administrative process can be slow. It is essential to be patient and to follow up on your application regularly, but without being a nuisance to the officials. Keep a record of all correspondence and receipts.
The legal landscape is dynamic. It is crucial to stay informed about any new laws, regulations, or court decisions that may affect your application. The recent government announcements regarding repatriation highlight the need for constant vigilance and proactive engagement with the process.
For some, particularly those with a Pakistani spouse, there may be alternative pathways, such as applying for a Pakistan Origin Card (POC) first, which may be a necessary step before a full citizenship application. Your legal counsel can help you determine the most suitable route.
The journey from an ACC or POR cardholder to a Pakistani citizen is a challenging but not insurmountable one. It requires a clear understanding of the legal framework, a meticulous approach to documentation, and a commitment to following the correct administrative procedures. By formally canceling your refugee or foreign national status, you are taking a crucial first step towards a new legal identity. While the process may seem daunting, with the right preparation and professional guidance, it is possible to successfully navigate the system and achieve the goal of becoming a citizen of Pakistan.