Advocate Muhammad Amin
Contact: 0313 9708019
Table of Contents
- Introduction
- Key Legal Provisions for Citizenship
- Citizenship Through Marriage
- Birthright Citizenship
- Understanding the Role of NADRA and Federal Government
- Addressing Challenges in Citizenship Applications
- Practical Steps for Citizenship and CNIC Applications
- Conclusion
Introduction
Are you a foreign national married to a Pakistani citizen or born in Pakistan? If so, obtaining citizenship and a Computerized National Identity Card (CNIC) might seem complicated. This guide, based on the judgment in PLD 2024 Balochistan 33, explains the legal requirements, your rights, and the steps you need to take. As your legal advisor, I, Advocate Muhammad Amin, aim to simplify the process for you.
Key Legal Provisions for Citizenship
Citizenship Through Marriage
Under Section 10(2) of the Pakistan Citizenship Act, 1951, women married to Pakistani citizens can apply for citizenship. The requirements include:
- Obtaining a Certificate of Domicile from the Federal Government.
- Taking an oath of allegiance as prescribed in the Act.
Note: Unfortunately, male foreign nationals married to Pakistani women are not entitled to this concession.
Birthright Citizenship
If you were born in Pakistan, you might qualify for citizenship under Section 4 of the Act, but you must first apply for a Certificate of Domicile.
Understanding the Role of NADRA and Federal Government
NADRA’s Responsibilities
NADRA handles the issuance of CNICs but requires proof of citizenship before processing applications. Without a Certificate of Residence, NADRA cannot issue a CNIC.
Federal Government’s Role
The Federal Government issues Certificates of Domicile under Section 17 of the Pakistan Citizenship Act, 1951. You must apply to the federal government to fulfill this requirement.
Addressing Challenges in Citizenship Applications
Many applicants face hurdles when applying for citizenship or CNICs. For example:
- Marital Evidence: You must provide proof of your marriage to a Pakistani citizen.
- Document Requirements: A domicile certificate is mandatory for both birthright and marital citizenship claims.
The Federal Shariat Court has declared certain provisions of the Citizenship Act discriminatory, especially against men. However, these laws remain in force, requiring applicants to comply fully with the legal process.
Practical Steps for Citizenship and CNIC Applications
- Determine Eligibility:
Identify whether you qualify for citizenship through marriage or birth. - Gather necessary documents:
- For marriage-based citizenship:
- Proof of your spouse’s Pakistani citizenship.
- Marriage certificate or other evidence of marriage.
- For birthright citizenship:
- Proof of birth in Pakistan.
- Proof of residence for at least one year.
- For marriage-based citizenship:
- Apply for a Certificate of Residence:
Submit an application to the Federal Government in the prescribed format. - Take the Oath of Allegiance:
If required, complete the oath-taking process as part of your application. - Submit Your Application to NADRA:
Once you obtain the domicile certificate, approach NADRA to apply for your CNIC.
Conclusion
Navigating the citizenship and CNIC application process can be challenging, but with the right guidance, you can achieve success. If you need assistance with your application or have questions about your rights, feel free to contact me.
Advocate Muhammad Amin
Legal Advisor
Contact: 0313 9708019