India/Pakistan: Requirements and procedures for an individual to obtain a long-term residence permit and/or citizenship in his/her spouse's country, in the case of marriage between a female Pakistani citizen and a male Indian citizen
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 June 1998 |
| Citation / Document Symbol | ZZZ29496.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India/Pakistan: Requirements and procedures for an individual to obtain a long-term residence permit and/or citizenship in his/her spouse's country, in the case of marriage between a female Pakistani citizen and a male Indian citizen, 1 June 1998, ZZZ29496.E, available at: https://www.refworld.org/docid/3ae6ad081a.html [accessed 20 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Article 5(1)(c) of the Indian Citizenship Act of 1955 states that an individual can obtain Indian citizenship by registration if s/he is or has been married to a citizen of India and has been a resident of India for at least five years prior to making an application for registration. However, Article 9 of the Indian Constitution states that Indian citizenship is lost if a citizen acquires citizenship of a foreign country.
Response to Information Request IND18870.E of 2 November 1994 provides general information on the citizenship acquisition procedures that would apply to a foreign national married to an Indian national.
For information on the procedures and requirements for obtaining residence permits for foreign nationals who are married to Indian citizens, please refer to Response to Information Request IND17524.E of 6 June 1994. For information on their rights in India, please refer to Response to Information Request IND18870.E of 2 November 1994.
Article 14(1) of The Pakistan Citizenship Act of 1951 states that if a Pakistani citizen is simultaneously a citizen or national of another country, then s/he shall cease to be a citizen of Pakistan unless s/he renounces the foreign citizenship (5). A copy of The Pakistan Citizenship Act of 1951 is attached to Response to Information Request PAK20174.E of 21 march 1995, available at Regional Documentation Centres. A copy of The Pakistan Citizenship Rules of 1952 can be made available upon request.
Response to Information Request PAK23487.E of 2 April 1996 provides brief information on citizenship acquisition, dealt with on a case by case basis, in Pakistan.
Response to Information Request PAK11296 of 22 July 1992 indicates that India does not permit dual citizenship, even as a result of marriage. Response to Information Request ZZZ18171.E of 17 August 1994 states that India does not recognize dual citizenship with any country, whereas Pakistan does not permit dual citizenship with India but has dual citizenship agreements with the UK, Canada, Australia and one Scandinavian country. These Responses are available at all Regional Documentation Centres.
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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
India. The Citizenship Act, 1955. 30 December 1955. (REFWORLD)
India. Constitution. 26 January 1950.(REFWORLD)
Pakistan. The Pakistan Citizenship Act, 1951. (II of 1951). 1974. Government of Pakistan. Karachi: Manager of Publications.
Additional Sources Consulted
Devamithran, Joseph. June 1993. "Pakistan," Constitution of the Countries of the World.
Pakistan. The Exit From Pakistan (Control) Ordinance, 1981. (REFWORLD)
Pakistan. The Foreigners Act. 23 November 1946. (REFWORLD).
Pakistan. Foreigners Order. 26 October 1951. (REFWORLD)
Tolley's Immigration and Nationality Law and Practice (Surrey). Quarterly. 1992-present.
Electronic sources: IRB Databases.
