Immigration Lawyer In Pakistan

Immigration law is governed by the Pakistan Citizenship Act 1951 (PCA 1951).

1. Citizenship by birth.
2. Citizenship by descent.
3. Citizenship by migration.
4. Persons migrating from the territories of Pakistan.
5. Rights of citizenship of certain persons resident abroad.
6. Citizenship by naturalization.
7. Married women.
8. Registration of minors.
9. Citizenship by registration to begin on date of registration.
10. Citizenship by incorporation of territory.
11. Dual citizenship or nationality not permitted.
12. Renunciation of citizenship.
13. Certain persons to be citizens of Pakistan.
14. Persons becoming citizens to have the status of Commonwealth citizens.
15. Certain persons to lose and others to retain citizenship.
16. Certificate of domicile.
17. Delegation of persons.
18. Case of doubt as to citizenship.
19. Acquisition of Pakistan citizenship by citizens of Commonwealth' countries.
20. Penalties.

Here are some of the questions that have recently been asked to Immigration Lawyer of Askwakeel.pk and which we have tried to answer.

Can a Pakistani woman help her non-Pakistani husband to become a resident of Pakistan?

There is a legal difference between the case where a Pakistani man has to sponsor his spouse and the case where a Pakistani woman has to sponsor her spouse. The first case is simple and has specific legal provisions, while the second case has no specific legal provisions. In the second case, there is no specific legal provision, so one has to ask the federal government. Currently, Pakistani men can grant citizenship to their husbands, but not Pakistani women. The application is based on Articles 9 and 20, which exercise the privileges of the federal government. The application is made under Section 9 or Section 20 of the Pakistan Citizenship Act 1951 (PCA 1951). Section 9 of the PCA 1951 states. 9 Citizenship by naturalization - The Federal Government may, on the application of any natural person to whom a certificate of naturalization has been issued under the Naturalization Act 1926, register such a natural person as a resident of Pakistan by naturalization.
The Federal Government may exercise its broad powers in such cases and the Federal Government will deal with all similar cases in the past under this regime. The Pakistani government's Directorate General of Immigration and Passports has approved applications under these provisions. In addition, intelligence agencies are consulted and the matter is clarified in meetings of all relevant authorities. Another provision used as a comparative example is Section 20 of the Penal Code 1951, which reads: Acquisition of Pakistani nationality by persons residing in Commonwealth countries - The Commonwealth Government may by general or special rules provide that British nationals residing or insured in the Commonwealth shall be registered as residents in Pakistan.
The above provisions also give the federal government the privilege of conferring citizenship on residents of the Commonwealth. It should be noted that the law does not distinguish between temporary and permanent residents. There is a long-stay family visa, which is generally granted to foreigners who have a spouse in Pakistan. They can apply for citizenship and, if approved, will remain eligible to receive government benefits and to work.

If so, what are the steps and documents required to submit such an application? How long does it usually take to submit such an application?

From one year to five years (normally the security authorities try to grant the permit). The documents required are the same as those required to support a spouse. On the website, there is a summary that accompanies the application form and includes a letter of recommendation from the sponsoring spouse. Some of these documents are the same as those for the sponsoring husband. The following rules must be followed

1. Configuration of the prescribed application form "F" (4 copies).
2. Affidavit of the applicant in the amount of Rs. 20/- on the facts of the case, duly certified by a notary public or magistrate.
3. A comparative statement of the spouse (Rs. 20/-) on non-judicial stamped paper.
4. Affidavit stating that the applicant's complete stay in Pakistan is 5 years.
5. Photocopy of the photograph of the relevant page of the applicant's foreign passport.
6. A copy of the residence permit/visa.
7. A copy of the marriage certificate
8. A copy of the applicant's residence permit (if not a Commonwealth citizen).
9. List of family members of the resident (in the case of Indian women).
10. A copy of the Pakistani nationality certificate or any other certificate showing that the spouse is a Pakistani citizen.
11. Ten (10) color photographs on a light blue background, size 2X1.5, one front and one back, attested.
12. Photocopy of the cover sheet of your spouse's Pakistani passport/identity card.
13. Note: All of the above documents can be notarized by a notary or bailiff. However, photographs must be notarized as per the above.
14. Bank check for the prescribed amount of Rs. 200.
15. Oath of Allegiance before a Judge of the First Class (if the applicant is from a non-Commonwealth country).
16. Two certificates were issued by two senior government officials indicating the date of acquisition of nationality by the applicant's spouse. These certificates must also indicate the date and place of birth and income of the applicant's spouse.
17. The application structure can be submitted to the Directorate General of Immigration and Passports in Islamabad or to the federal government (e.g., the Ministry of Interior).

What type of residence is allowed: temporary or permanent?

Citizenship. There is no difference between temporary and permanent residency.

Does this residency status have an expiration date and must it be renewed, and if so, when?

No, it is permanent.

What benefits/rights does this status give to the non-Pakistani spouse? For example, will they be able to work in Pakistan? Ability to access government facilities and administration?

The residence permit will give them the same rights as Pakistani citizens. This is a legitimate position and in any case, the application is not particularly strict as some foreigners stay longer than others.

Are the benefits and rights associated with this status equivalent to the advantages and disadvantages that attract Pakistanis? If not, what is the difference?

Citizenship gives you the same rights as a Pakistani citizen.

Can a non-Pakistani who has obtained a residence permit lose it?

By giving it up. There is no other way.

Can a non-Pakistani spouse marry a Pakistani spouse and get citizenship? What is the procedure and what documents do I need? Again, how long does it take?

This process has been explored before. However, there is another option for Commonwealth residents, Section 20 of the CPA 1951, and the requirements are as follows:
Transfer of foreign exchange in the amount of 5,00,000 Pakistani Rupees for Commonwealth citizens. Section 20 of the PCA 1951

1. Applicants should submit Form "R" (4 copies) duly attested by the delegation to the Directorate General of Immigration and Passports, Government of Pakistan, Islamabad, through the main diplomatic missions abroad in Pakistan.
2. Five photographs on blue background
3. Original bank transaction certificate for remittance of PKR 5,000 to Pakistan through normal banking channels.
4. Copy of valid passport
5. Participation fee of Rs. 200 (Rs. 800 for Indian nationals). Immigrant visa to Pakistan will be issued after verification of bank transaction of Rs.05 lacs by State Bank. Pakistani employees will be issued a Pakistani nationality certificate. In this case, it is important to ask Askwakeel's immigration experts to investigate the matter and get their personal opinion.