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NATURALIZATION RULES, 1961

Sections

CONTENTS

 

Preamble

1

Short title.

2

Definitions.

3

Form of Application.

4

Form of Certificate.

5

Issue of Certificates.

6

Recording of Certificate.

7

Declaration of Pakistan Citizenship by wife.

8

Declaration of Alienage.

9

Person before whom declarations may be made and their recording.

10

Registration of Declaration of Alienage.

11

Oath of Allegiance.

12

Fees.

 

APPENDIX

FORM ‘A’
FORM ‘B’
FORM ‘C’
FORM ‘D’
FORM ‘E’
FORM F
FORM ‘G’
FORM ‘I’
FORM ‘J’
FORM ‘K’


THE

NATURALIZATION RULES, 1961 

24th November, 1961

ln exercise of the powers conferred by section 13 of the Naturalization Act, 1926 (VII of 1926), and in supersession of the Indian Naturalization Rules, 1938, the Central Government is hereby pleased to make the following rules, namely :-

1. Short title.–The rules may be called the Pakistan Naturalization Rules, 1961.

2. Definitions.– ln these rules unless there is anything repugnant in the subject or context, ‘the Act’ means the Naturalization Act, 1926 (VII of 1926).

3. Form of Application.-Every application for a certificate of naturalization shall be in Form ‘A’ hereto appended and shall be addressed to the Directorate of Immigration and Passports through the Provincial Government.

4. Form of Certificate.-Certificate of naturalization shall be issued in the following Forms hereto appended, namely :-

(a) in Form ‘B’, in the case of a person who applies for a certificate of naturalization for the first time and whose children are not included in the certificate ;

(b) in Form ‘C’, in the case of a person who applies for a certificate of naturalization for the first time and whose children are included in the certificate ;

(c) in Form ‘D’, in the case of a person who had been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and applies for one under the Act and whose children are not included in the certificate ;

(d) in Form ‘E’, in the case of person who had been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and applies for one under the Act, and whose children are included in the certificate.
5. Issue of Certificates.-Certificates of naturalization shall be issued by the Director of Immigration and Passports and shall be sent to the Provincial Government for delivery to the applicant.

6. Recording of Certificate.-Every certificate of naturalization granted under the Act and every oath of allegiance relating to such certificate shall be recorded in a register in Form ‘F’ hereto appended, in the Directorate of Immigration and Passports.

7. Declaration of Pakistan Citizenship by wife.-A declaration of Pakistan Citizenship by a wife of a person to whom a certificate of naturalization is granted under subsection (1) of section 7 of the Act, shall be made in Form ‘G’ hereto appended. Such declaration shall be made before any Magistrate. The Magistrate shall forward a copy of such declaration for record to the Directorate of Immigration and Passports through the Provincial Government.

8. Declaration of Alienage.-Declarations of Alienage shall be made in the following Forms appended hereto, namely:
In Form ‘H’ where the declaration of alienage is made by children on attaining majority.
In Form ‘I’ where the declaration of alienage is made by a wife or a widow.

9. Person before whom declarations may be made and their recording.-Declarations of Alienage may be made before any Magistrate. The Magistrate before whom a declaration of alienage is made under subsection (1) of section 10 of the Act shall grant to the person making the declaration a certificate copy of the declaration and shall forward the declaration in original together with the affidavit relating thereto to the Directorate of Immigration and Passports through the Provincial Government.

10. Registration of Declaration of Alienage.-Every declaration of alienage shall be recorded in a register in Form ‘J’ hereto appended, in the Directorate of Immigration and Passports.

11. Oath of Allegiance.-The oath of allegiance required by section 6 of the Act shall be taken and subscribed before a Magistrate in Form ‘K’ hereto appended. The Magistrate shall, after filing in and singing the certificate in Form ‘K’ forward the document to the Provincial Government for transmission to the Directorate of Immigration and Passports. He shall also fill in and sign the certificate, included in the certificate of naturalization, of the oath having been taken and subscribed.

12. Fees.-The following fees shall be imposed :–  

TABLE OF FEES

The matter for which the fees shall be imposed

The amount of the fee.
Rs.

The issue of a certificate of naturalization to a woman
who was a citizen of Pakistan previous to her marriage
to husband not a citizen of Pakistan and who has since
died, or whose marriage has been dissolved.

10

The issue of a Certificate of Naturalization in other
cases

90

Note.–Of the fee of rupees ninety payable in respect of a certificate of naturalization rupees forty-five shall be payable on the submission of the application for the certificate and the remaining rupees forty-five shall be payable upon the delivery of the certificate to the applicant.

 

The issue of certificate by a Magistrate under
section 12(2) of the Act.

10

The issue of certified copy of any declaration or
certificate issued under the Act with or without a copy
of oath

15

 


APPENDIX
FORM ‘A’
(See rule 3)

Application for a certificate of naturalization under the Naturalization Act, 1926.

1. Full name of applicant…………………………………………………………..
(Block letters.)
2. Address in full……………………………………………………………………….
3. Trade or occupation………………………………………………………………
4. (a) Place, and (b) date of birth……………………………………………….
5. (a) Nationality…………………………………………………………………….
(b) Whether the applicant is-
(i) the subject of any State in Europe or America ; or
(ii) the subject of any State in which a citizen of Pakistan is prevented by or under any law from becoming as subject by naturalization
6. Principal language of Pakistan known and extent of knowledge thereof……………………………………………………………………………………
7. Whether married, single, widower or widow
8. Full name of wife or husband
9. If a woman, nationality before marriage
10. If a woman who was a citizen of Pakistan previous to her marriage, whether her husband has died or whether her marriage has been
dissolved………………………………………………………………………………..
11. Full names and nationality of parents
12. (a) Period of residence in Pakistan
(b) Period of employment in the service of Pakistan.
13. Names and addresses of persons whose certificates as to character of applicant have been attached to application……………………………..
14. Whether the applicant intends, if the application is granted, to reside in Pakistan or to enter or continue in the service of Pakistan.
15. Whether applicant has at any time previously applied for the grant of a certificate of naturalization under –
(a) the British Nationality and Status of Aliens Act, 1914, or the Indian Naturalization Act, 1852 ; or
(b) the Naturalization Act, 1926 ; and if so,
(c) the number and date of the order of the Government on such application.
16. (a) Whether any such certificate previously granted to applicant under any of the above-mentioned Acts has been revoked ; and if so ?
(b) the number and date of the order of the Government revoking the certificate.
17. Whether the applicant requests the inclusion of his (her) minor child or children in the certificate of naturalization applied for, particulars in respect of each such child :-
(a) Full name of child…………………………………………………………………
(b) Date of birth of child………………………………………………………………
(c) Place of birth of child…………………………………………………………….
(d) Place of residence of child on date of application ……………………..
(e) Whether child is under control of applicant on date of application ?

Station………………………..

Date …………………………..

Signature of Applicant.

Affidavit to accompany the application for a certificate of naturalization under the Naturalization Act, 1926 (VII of 1926).
In the matter of the application of —– under the Naturalization Act, 1926, I —- son/daughter/wife of —- (State religion and caste) —– residing at —– make oath and say —– that the statements contained in my application —– hereinto annexed are true to the best of my knowledge and belief.

Station………………………..

Date.

Signature of Applicant.

FORM ‘B’

(See rule 4)

In the case of a person who applies for a certificate of naturalization for the first time and whose children are not included in the certificate.

THE NATURALIZATION ACT, 1926
Certificate of Naturalization
 

Whereas A, B, has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out below, and has satisfied the Government that the conditions laid down in the abovementioned Act for the grant of a certificate of naturalization are fulfilled in the said -4, B’s, case ;

Now, therefore, in pursuance of the powers conferred by the said Act, the Government hereby grants to the said A, B, this certificate of naturalization, and declares that, upon taking the oath of allegiance within the time and in the manner prescribed by the said Act, the said A, B, shall, subject to the provisions of the said Act, be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural-born citizen of Pakistan is entitled, within Pakistan (excepting such rights privileges and capacities as are specified below), and shall also, within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan,

(Rights, privileges and capacities withheld by this certificate ……..)In witness whereof I have hereto subscribed my, name this ……….. day

of ……. 19

(Signed)

Director of Immigration and Passports.

PARTICULARS RELATING TO APPLICANT

(Not to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person a citizen of Pakistan and whose husband has died or whose marriage has been dissolved.
Full name……………………………………………………………………………………
Address………………………………………………………………………………………
Trade or occupation……………………………………………………………………..
Place and date of birth………………………………………………………………….
Nationality…………………………………………………………………………………..
Married, single, widower or widow………………………………………………….
Name of wife or husband………………………………………………………………
Names and Nationality of parents………………………………………………….
Character……………………………………………………………………………………
Principal language of Pakistan known……………………………………………..
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan immediately proceeding the date of his (or her) application………………………………………………………………………………
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization________________
Particulars relating to applicant to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved:
Full name………………………………………………………………………………………
Address………………………………………………………………………………………
Trade or occupation…………………………………………………………………….
Place and date of birth………………………………………………………………….
Nationality…………………………………………………………………………………..
whether marriage dissolved ……………
Name and Nationality of husband…………………..
Names and Nationality of parents………………….
Principal language of Pakistan known…………….
This is to certify that A, B, to whom a certificate of naturalization has been granted under section 5 of the Act, has taken the oath of allegiance prescribed in section 6 of the Act, and subscribed thereto this ………. day of
……. in my presence.

(Signed)

Office title……..

Note.-(1) Unless otherwise indicated herein, if the oath of allegiance Is not taken within thirty days after the date of this certificate, the certificate shall not take effect.

(2) The time for taking the oath of allegiance in this case has been extended until ……………..

 

FORM ‘C’

(See rule 4)

in the case of person who applies for a certificate of naturalization for the first time and whose children are included in the certificate.

THE NATURALIZATION ACT, 1926

Certificate of Naturalization

Whereas A, B has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out below, and has satisfied the Government that the conditions laid down in the abovementioned Act for the grant of certificate of naturalization are fulfilled in the said A, B’s case.
And whereas the said A, B has also applied for the inclusion in accordance with subsection (2) of section 5 of the said Act of the names of certain of his (her) children born before the date of this certificate and being minors, and the Government is satisfied that the names of his (her) children as hereinafter set out, may properly be included.
Now, therefore, in pursuance of the powers conferred by the said Act the Government hereby grants to the said A. B. this certificate of naturalization and declares that, upon taking the oath of allegiance within the time and in the manner prescribed by the said Act, the said A. B shall, subject to the provisions of the said Act, be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural-born citizen of Pakistan is entitled within Pakistan (excepting such rights, privileges and capacities as are specified below), and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
And the Government further declares that this certificate extends to the following children born before the date of this certificate and being minors of the said A, B. :-
(Here insert names and dates of birth of children). (Rights, privileges and capacities withheld by this certificate ………)
In witness whereof I have hereto subscribed my name this…….day of …….. 19.

(Signed)

Director of Immigration and Passports.

PARTICULARS RELATING TO APPLICANT

(Not to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved).
Full name……………………………………………………………………………………
Address………………………………………………………………………………………
Trade or occupation……………………………………………………………………..
Place and date of birth………………………………………………………………….
Nationality…………………………………………………………………………………..
Marriage, single, widower or widow………………………………………………..
Name of wife or husband………………………………………………………………
Names and nationality of parents……………………………………………………
Character……………………………………………………………………………………
Principal language of Pakistan known……………………………………………..
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan immediately preceding the date of his (or her) application………………………………………………………………………………
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization.
Particulars relating to applicant to be filed in by a woman who was a citizen of Pakistan previously to her marriage to person not a citizen of Pakistan and whose husband has died or house marriage has been dissolved:
Full name…………………………………………………………………………………….
Address………………………………………………………………………………………
Place and date of birth……………………………………………………………………
Nationality……………………………………………………………………………………
Widow or whether marriage dissolved……………………………………………..
Name and nationality of husband …………………………………………………..
Names and nationality of parents……………………………………………………
Principal language of Pakistan known……………………………………………..
This is to certify that A, B, to whom a certificate of naturalization has been granted under section 5 of the Act has taken the oath of allegiance prescribed in section 6 of the Act and subscribed thereto this ………. day of
…… in my presence.

(Singed)

Official title……..

Note.– (1) Unless otherwise indicated hereon, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect.

(2) The time taking the oath of allegiance this case has been extended until……… 

FORM ‘D’ 

(See rule 4)

In the case of a person who has been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and applies for one under the Act and whose children are not included in the certificate.

THE NATURALIZATION ACT. 1926

Certificate of Naturalization

Whereas, A, B, who has been previously granted certificate of naturalization under the Indian Naturalization Act, 1852, has applied for a certificate of naturalization under the Naturalization Act, 1926, alleging with respect to himself (herself) the particulars set out below:
And whereas the Government is satisfied that such a certificate may properly be granted ;
Now, therefore, in pursuance of the powers conferred by the above-mentioned Act, the Government hereby grants to the said A, B, this certificate of naturalization, and declares that upon taking the oath of allegiance within the time and in the manner prescribed by the said Act the said A, B, shall subject to the provisions of the said Act be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities of which a natural-born citizen of Pakistan is entitled with Pakistan (excepting such rights, privileges and capacities as are specified below) and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
(Rights, privileges and capacities withheld by this certificate…..). In witness whereof I have hereto subscribed my name this …… day of 19

(signed)

Director of Immigration and Passports.

PARTICULARS RELATING TO APPLICANT

Full name……………………………………………………………………………………..
(Block letters)
Address………………………………………………………………………………………
Trade or occupation……………………………………………………………………..
Place and date of birth…………………………………………………………………..
Nationality……………………………………………………………………………………
Married, single, widower or widow…………………………………………………..
Name of wife or husband……………………………………………………………..
Names and nationality of parents…………………………………………………..
Character…………………………………………………………………………………….
Principal language of Pakistan Known…………………………………………….
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan Immediately preceding the date of his (or her) application………………………………………………………………………………
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization…………………………………
Date of previous naturalization……………………………………..
This is to certify that A. B, to whom a certificate of naturalization has been granted under section 5 of the Act has taken the oath of allegiance prescribed in section 6 of the Act and subscribed thereto this ______ day of ____ in my presence.

(Signed) ,

Official title

 

Note.- (1) Unless otherwise indicated herein, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect.

(2) The time for taking the oath of allegiance in this case has been extended until…………………………………………………………………………

 

FORM ‘E’

(See rule 4)

 In the case of a person who had been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and whose children are included in the he certificate.

THE NATURALIZATION ACT, 1926

Certificate of Naturalization

Whereas A. B, who has been previously granted a certificate naturalization under the Indian Naturalization Act, 1852, has applied for a certificate of naturalization under the Naturalization Act, 1926, alleging with respect to himself (herself) the particular set out below ;
And whereas the Government is satisfied that such a certificate may properly be granted;
And whereas the said A. B, has also applied for the inclusion in accordance with subsection (2) of section 5 of the said Act of the names of certain of his (her) children born before the date of this certificate and being minors, and the Government is satisfied that the names of his (her) children as hereinafter set out, may properly be included ;
Now, therefore, in pursuance of the powers conferred by the above-mentioned Act the Government hereby grants to the said A, B. this certificate of naturalization and declares that upon taking the oath of allegiance within the time and the manner prescribed by the said Act the said A. B. shall, subject to the provisions of the said Act, be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural born citizen of Pakistan is entitled within Pakistan (excepting such rights; privileges and capacities as are specified below) and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
And the Government further declares that this certificate extends to the following children born before the date of this certificate and being minors of the said A B.
(Here insert the names and dates of birth of children). (Rights, privileges and capacities withheld by this certificate………)
In witness whereof I have hereto subscribed my name this ……..day of……… 19

(Signed)

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