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Germany/Pakistan/Russia: Citizenship status of a child born in Germany, when his/her mother is a citizen of Russia, married to his/her father a citizen of Pakistan; procedures for the acquisition of Russian citizenship; procedures for the acquisition of Pakistani citizenship (May 2006)

Germany

According to the information posted on the Website of the German Embassy in London,

[t]he Federal Republic of Germany has had a new citizenship and nationality law since 1 January 2000.... The new law substantially changes the principle of descent (jus sanguinis), which has long been the country's traditional basis for granting citizenship. Now, it will also be possible to acquire German citizenship as the result of being born in Germany (jus soli) as is the case in most other European countries (n.d.)

In 6 April 2006 correspondence with the Research Directorate, an official with the German Embassy in Canada stated that an individual born in Germany after 31 December 1999 to foreign parents can obtain German citizenship if:

[o]ne of [his/her] parents [had] been a legal resident in Germany for at least eight years at the time of [his/her] birth. In addition, at least one [of his/her] parent[s] must have had an unlimited residence permit ("unbefristete Aufenthaltserlaubnis") or a residence entitlement ("Aufenthaltsberechtigung") at the time of [his/her] birth. If [the individual] obtain[s] another citizenship by birth, [he/she has] to give up one citizenship between ages 18 and 23.

The official with the German Embassy also noted that a child born in Germany cannot obtain German citizenship if "the no[n]-German parents did not meet the residential requirements at the time the child was born" (Germany 6 Apr. 2006). In addition, the Website of the German Embassy in London stated that

Children up to ten years of age enjoy special entitlement to naturalization under the new regulations governing the acquisition of German citizenship through birth in Germany. The requirements:

– An application for naturalization must be submitted by 31 December 2000.

– The child must be less than ten years of age on 1 January 2000.

– The child must have been born in Germany.

– At the time of the child's birth, one of his parents must have resided lawfully in Germany for at least eight years and have entitlement to residence or have had for at least three years an unlimited residence permit.

– The requirement of one parent having his lawful place of abode for an unlimited period in Germany must be met not only at the time of the child's birth but also at the time of his naturalization.

The requirement to opt also applies to children who receive German citizenship under these provisions (n.d.).

Pakistan

A report published by the Center for Reproductive Rights, a New York City-based organization advocating reproductive freedom, reported that pursuant to the 2000 ordinance of the 1951 Pakistan Citizenship Act, a person born outside Pakistan is a citizen of Pakistan if either of their parents has Pakistani citizenship (2004, 175; see also UK Oct. 2005, 20).

The information that follows, which is published on the Government of Pakistan Website, explains the categories of persons granted Pakistani Citizenship and the procedure for the acquisition of Pakistani citizenship:

(A) Old parents of Pak[istani] nationals who are residing in India.

(Documents required other than mentioned in the form)

– Application on prescribed form duly attested by oath commissioner/ notary public (in quadruplicate) on their behalf by their sons/daughters is to be submitted to the Directorate General Immigration & Passports Islamabad.

– Fee of [Rupees] Rs 800 [CAN$15.09 (Bank of Canada 25 Apr. 2006a)] /- for grant of Emergency certificate in the applicant s name to be deposited in the nearest passport office branch of the National Bank of Pakistan.

– His / Her own affidavit on Rs. 20 [CAN$0.38 (Bank of Canada 25 Apr. 2006b)] /- Stamp Paper regarding facts of the case.

– Six color photographs with light blue background of India – Dependant, one duly attested on back side bye oath commissioner/ notary public.

– Documentary evidence to confirm his/her national status as citizen of Pakistan other than Pakistan Passport, affidavit and National Identity Card, such as two certificates from two different officers of Grade 17 or above of central of provincial government.

– List of close relations residing in India.

– A certificate from government officer in BPS-17 of above confirming the relationship of the applicant with his /her Indian Dependent.

– Five specimen signatures and thumb impressions of the Indian dependent attested by the applicant.

Note: Emergency certificate is granted followed by Pakistan Citizenship Certificate.

(B) Commonwealth citizens who transfer Rs 5 million [CAN$94,300.00 (Bank of Canada 25 Apr. 2006c)] worth of foreign exchange.

(Documents required other than mentioned in the form)

– Application ... attested by the mission (in quadruplicate) is to be submitted to the Directorate General Immigration & Passports Government of Pakistan Islamabad through Pakistan Mission abroad.

– Five photographs with blue background.

– Original bank proceeds certificate regarding transfer of Rs 5 million to Pakistan through normal banking channel.

– Photocopy of present passport.

– Fee of Rs.200 [CAN$3.77 (Bank of Canada 25 Apr. 2006d)] /- After confirmation from state bank of bank transaction of Rs. 5 million, Immigrant visa for Pakistan is issued. Pakistan Citizenship certificate is granted after arrival in Pakistan.

(C) The nationals of Countries other than Commonwealth after they have resided in Pakistan for a period of five years under the Naturalization Act, 1926. i.e. 12 months continuous stay preceding to the date of application and four years aggregate stay during the 7 years preceding to the said twelve months.

(Documents required other than mentioned in the form)

– Application ... attested by Notary Public (in quadruplicate) is to be submitted to Ministry of Interior, Government of Pakistan Islamabad.

– Fee amounting to Rs.1500 [CAN$28.29 (Bank of Canada 25 Apr. 2006e)] /- is to be deposited in parts i.e. Rs.180 [CAN$3.39 (Bank of Canada 25 Apr. 2006f)] /- at the time of submission of application and Rs.750 [CAN$14.15 (Bank of Canada 25 Apr. 2006g)] /- at the time of grant of certificate.

– Affidavit on Rs.20/- Stamp paper regarding facts of the case.

– Six color photographs with light blue background.

– Photocopies of passport along with a statement showing stay of the applicant in Pakistan for five years.

(D) Foreign ladies married to Pakistani nationals

(Documents required other than mentioned in the form)

– Prescribed application form ... ( in quadruplicate)

– An affidavit on Rs.20/- non judicial stamp paper from the applicant and her husband regarding detail facts of the case.

– A similar affidavit from the husband on Rs.20/- non judicial stamp paper.

– Photostat copies of relevant pages of applicant s foreign passport.

– Photostat copy of residential permit.

– Photocopy of marriage certificate.

– Photostat copy of domicile certificate of the applicant ( in case of applicant other than commonwealth Citizen)

– List of close-relations residing in India on the prescribed form.

– Photostat copies of Pakistan Citizenship Certificate/Domicile Certificate of the applicant s husband (in case the husband has been issued such certificate).

– Six color photographs with light blue background size 2X1 1/2. One attested on front and one on back by Notary public/Oath Commissioner.

– Photostat copies of the relevant pages of the Pakistani passport and national identity card of the husband.

NOTE: All of the mentioned documents may be attested by Notary public/Oath Commissioner except the photographs which have to be attested in a manner specified at sub para No.x.above.

– Bank challan of prescribed amounts Rs.40 [CAN$0.75 (Bank of Canada 25 Apr. 2006h)] /-

– Oath of allegiance taken before 1st Class Magistrate (in case of citizen other than Commonwealth)

– Attested copy of domicile of the lady (in case of citizens other than commonwealth).

– Two certificates form two different Government Officers not less than B-17 confirming the date national status of the applicant s husband. Such certificates must also indicate the date and place of birth of the applicant s husband and his income.

– Applications form can either be submitted to Directorate General Immigration & Passports Islamabad or its RPO [Regional Passport Office (Pakistan n.d.b] at Lahore & Karachi or in the offices of Deputy Commissioners of other Districts in Pakistan.

(E) Minor children (below 21 years of age) of Pak[istani] ladies married to foreigners.

(Documents required other than mentioned in the form)

– Application on form ... (in quadruplicate) form Pakistani parents/Guardians.

– Four photographs.

– Affidavit from Pakistani parents/Guardian regarding fact of the case.

– Documentary evidence proving the national status of Parents/Guardians as Citizen of Pakistan.

– Fee of Rs.200 .

Application form can either be submitted direct to Directorate General Immigration & Passports Islamabad or its RPOs at Lahore & Karachi or in the offices of Deputy Commissioners of other Districts in Pakistan.

(F) Children born to Pakistani mother and foreign national father after 18.04.2000 are to be treated automatically as citizens of Pakistan.

...

Registration of Birth of a Child of Citizen of Pakistan Born in Country Outside Pakistan

The birth of such children may be reported by the parents or guardians on Form S to the Pakistan Mission abroad within a period of six months (Pakistan 1 Feb. 2006).

The Website of the Embassy of the Islamic Republic of Pakistan in Washington DC lists the following requirements to register a Pakistani child born outside of Pakistan:

– Complete Form S-1.

– 2 Current Photographs of the child

– Original birth certificate and a copy of the Passport.

– Proof of father's Pakistani nationality (NIC or Passport) attach photocopy

– Registration fee $5 (Money order) (n.d.a).

Please find attached copy of the Application Form S-1: "Certificate of registration birth in a country outside Pakistan of a child born to a citizen of Pakistan" (Pakistan n.d.).

Russia

In correspondence with the Research Directorate, the Vice-Consul of the Embassy of the Russian Federation indicated that a child born in any country outside of Russia to parents with Russian citizenship is a Russian citizen, but this does not automatically apply when only one of the parents is a Russian citizen (13 Apr. 2006). In any case, according to the Vice-Consul, Russian citizens with children who were born outside the Russian Federation may apply for Russian citizenship for their children at the nearest Russian Federation Consular Office (Russian Federation 13 Apr. 2006).

Articles 11, 12, 13 and 14 of Chapter II of the Federal Law on Citizenship of the Russian Federation state:

Article 11. Grounds for the Acquisition of Russian Federation Citizenship

...

a) by virtue of birth;

b) as a result of being admitted for Russian Federation citizenship;

c) as the result of reinstatement of Russian Federation citizenship;

d) on other grounds set out in the present Federal Law or an international treaty of the Russian Federation.

Article 12. Acquisition of Russian Federation Citizenship by Virtue of the Birth

1. A child shall acquire Russian Federation citizenship by virtue of birth if as of the date of birth of the child:

a) both his/her parents or his/her single parent have Russian Federation citizenship (irrespective of the child's place of birth);

b) one of his/her parents has Russian Federation citizenship and the other parent is a stateless person or has been recognized as a person unaccounted for or if the whereabouts thereof are unknown (irrespective of the child's place of birth);

c) one of his/her parents has Russian Federation citizenship and the other one is a foreign citizen, on the condition that the child has been born in the territory of the Russian Federation or if otherwise he/she is going to become a stateless person;

...

d) both his/her parents or his/her only parent residing in the territory of the Russian Federation are foreign citizens or stateless persons, on condition that the child has been born in the territory of the Russian Federation, while the state where his/her parents are citizens does not grant its citizenship thereto.

...

Article 13. Admission into Russian Federation Citizenship on General Terms

1. Foreign citizens and stateless persons who have reached the age of 18 and have dispositive capacity are entitled to file a naturalisation application asking for Russian Federation citizenship on general terms on the condition that the said citizens and persons:

a) have been residing in the territory of the Russian Federation since the day when they received a residence permit and to the day when they file a naturalization application asking for Russian Federation citizenship for five years without a break, except for the cases specified in Part 2 of the present article. The duration of residence in the territory of the Russian Federation shall be deemed without a break if the person left the Russian Federation for a term not exceeding three months in one year. The term of residence in the territory of the Russian Federation for the persons who had arrived to the Russian Federation prior to July 1, 2002 and do not have residence permits, shall be estimated, as of the date of their registration at the place of residence;

b) undertake to observe the Constitution of the Russian Federation and the legislation of the Russian Federation;

c) have a legal source of means of subsistence;

d) have filed applications with the competent body of the foreign state whereby they waived their other citizenship. No waiver of foreign citizenship is required if this is envisaged by an international treaty of the Russian Federation or the present Federal Law or if the waiver of another citizenship is impossible due to reasons beyond the person's control;

e) are in command of the Russian language; the procedure for assessing the level of knowledge of the Russian language shall be established by regulations on the procedure for considering issues concerning Russian Federation citizenship.

...

2. The duration of stay in the territory of the Russian Federation established by Item "a" of Part 1 of the present article is reduced to one year if any of the below grounds exist:

a) the person has high achievements in the field of science, technology and culture; the person has a profession or qualification of interest for the Russian Federation;

b) the person has been granted asylum in the territory of the Russian Federation;

c) the person has been recognised as a refugee in the manner established by a federal law.

3. A person having special merits before the Russian Federation may be admitted to Russian Federation citizenship without the need for observing the conditions stipulated in Part 1 of the present article.

4. Citizens of the states, which have formed part of the USSR, serving at least three years in the Armed Forces of the Russian Federation and in other forces, military units or bodies on a contractual basis, shall be entitled to apply for admittance into the Russian Federation citizenship without observing the terms provided for by Item "a" of Part One of this Article and without presenting the residence permit.

– ...

Article 14. Admittance into the Russian Federation Citizenship in a Simplified Manner

1. Foreign citizens and stateless persons who have reached the age of 18 and who have dispositive capacity are entitled to file naturalisation applications asking for Russian citizenship, in a simplified manner without observing the conditions set out in Item "a" of Part One of Article 13 of this Federal Law, if the said citizens and persons:

a) have at least one parent who is a Russian citizen and resides on Russian Federation territory;

b) have had USSR citizenship, and having resided and residing in the states that have formed part of the USSR, have not become citizens of these states and as a result remain stateless persons;

c) are citizens of the states which have formed part of the USSR, have received secondary vocational or higher vocational education at educational institutions of the Russian Federation after July 1, 2002.

2. Foreign citizens and stateless persons residing on the territory of the Russian Federation shall be entitled to apply for admittance to Russian citizenship in a simplified manner without observing the condition concerning the time of residence established by Item "a" of Part One of Article 13 of this Federal Law, if the said citizens and persons:

a) have been born on the territory of the RSFSR and have been citizens of the former USSR;

b) have been married to a citizen of the Russian Federation within at least three years;

c) are disabled persons and have a capable son or daughter who has reached the age of eighteen years and is a citizen of the Russian Federation.

3. Disabled foreign citizens and stateless persons who have come to the Russian Federation from the states which have formed part of the USSR, and are registered at the place of residence in the Russian Federation, as on July 1, 2002, shall be entitled to file an application for admittance to the Russian citizenship in the simplified manner without observing the condition concerning the term of residence on the territory of the Russian Federation established by Item "a" of Part One of Article 13 of this Federal Law and without submitting the residence permit.

4. Foreign citizens and stateless persons who have been citizens of the USSR who have come to the Russian Federation from the states which formed part of the USSR, who are registered at the place of residence in the Russian Federation as on July 1, 2002, or have received a permit for temporary residence in the Russian Federation shall be admitted to citizenship of the Russian Federation in the simplified manner without observing the conditions provided for by Items "a", "c" and "e" of Part One of Article 13 of this Federal Law and without presenting a residence permit if they, prior to January 1, 2006, declare their wish to become citizens of the Russian Federation.

5. Veterans of the Great Patriotic War who have been citizens of the former USSR and reside on the territory of the Russian Federation shall be admitted to Russian Federation citizenship in the simplified manner without observing the conditions provided for by Items "a", "c", "d" and "e" of Part One of Article 13 of this Federal Law and without presenting a residence permit.

6. There shall be admitted to citizenship of the Russian Federation in the simplified manner without observing the conditions provided for by Part One of Article 13 of this Federal Law children and disabled persons who are foreign citizens or stateless persons:

a) a child one of whose parents is a citizen of the Russian Federation – on the application of this parent and in the presence of the other parent's consent to the child's becoming a citizen of the Russian Federation. Such consent shall not be required if the child resides on the territory of the Russian Federation;

b) the child whose only parent is a citizen of the Russian Federation – on the application of this parent;

c) children or disabled persons who are in custody or guardianship – on the application of the custodian or guardian who are citizens of the Russian Federation (Russia 31 May 2002).

Please find attached a translation of the following documents : Granting Russian Federation Citizenship to Children (Russia n.d.a), Granting Russian Federation Citizenship by Right of Birth (Russia n.d.b), Procedure for Completing and Submitting Documents (Russian, n.d.c).

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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Canada. 25 April 2006a – h. Bank of Canada. "Daily Currency Converter" <http://www.bankofcanada.ca/en/rates/converter.html> [Accessed 25 Apr. 2006]

Center for Reproductive Rights. 2004. "Pakistan." Women of the World: Laws and Policies Affecting their Reproductive Lives – South Asia. <http://www.crlp.org/pdf/pdf_wowsa_pakistan.pdf> [Accessed 25 Apr. 2006]

Germany. 6 April 2006. Embassy of the Federal Republic of Germany, Ottawa. Correspondence from an official.
_____. N.d. Embassy of the Federal Republic of Germany, London, Legal and Consular Section. "Reform of Germany's citizenship and nationality law." <http://www.german-embassy.org.uk/reform_of_germany_s_citizenshi.html> [Accessed 10 April 2006]

Pakistan. 1 February 2006. Ministry of Interior, Citizenship and Immigration. "Policies, Laws, Rules and Regulations: Pakistan Citizenship." <http://www.pakistan.gov.pk/divisions/ContentInfo.jsp?DivID=23&cPath=221_227&ContentID=754>[Accessed 5 Apr. 2006]
_____. N.d.a. Embassy of the Islamic Republic of Pakistan, Washington DC. Consular Services. "Registration of Pakistani children born abroad." <http://www.embassyofpakistan.org/consa1.php> [Accessed 24 Apr. 2006]
_____. N.d.b. Ministry of Interior, Directorate General Immigration and Passports. "Regional Passport Offices." <http://www.dgip.gov.pk/rpo.htm> [Accessed 25 Apr. 2006]

Russia. 13 April 2006. Embassy of the Russian Federation in Ottawa. Correspondence from the Vice-Consul.
_____. 31 May 2002. Federal Law on Citizenship of the Russian Federation (2002 as amended in 2004). (Legislationline Website) <http://www.legislationline.org/legislation.php?tid=129&lid=625> [Accessed 5 Apr. 2006]

United Kingdom (UK). October 2005. Home Office, Immigration and Nationality Directorate (IND), Country ofOrigin Information Service. "Country Report: Pakistan." <http://www.homeoffice.gov.uk/rds/pdfs05/pakistan_311005.doc> [Accesssed 10 Apr. 2006]

Attachments

Pakistan. N.d. Embassy of the Islamic Republic of Pakistan, Washington DC. Consular Services. "Certificate of registration birth in a country outside Pakistan of a child born to a citizen of Pakistan." <http://www.embassyofpakistan.org/forms/FORM-S1.rtf> [Accessed 24 Apr. 2006]

Russia. N.d.a. Embassy of the Russian Federation, London. Consular Department. "Granting Russian Federation Citizenship to Children." Translated from Russian to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada, 2 pp. <http://www.rusemblon.org/Russian/Nationality/FAQ.htm> [Accessed 9 May 2006]
_____. N.d.b. Embassy of the Russian Federation, London. Consular Department. "Granting Russian Federation Citizenship by Right of Birth." Translated from Russian to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada, 2 pp. <http://www.rusemblon.org/Russian/Nationality/FAQ.htm> [Accessed 9 May 2006]
_____. N.d.c. Embassy of the Russian Federation, London. Consular Department. "Procedure for Completing and Submitting Documents." Translated from Russian to English by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada, 4 pp. <http://www.rusemblon.org/Russian/Nationality/FAQ.htm> [Accessed 9 May 2006]

Additional Sources Consulted

Oral Source: The High Commission for Pakistan in Ottawa did not provide information within the time constraints of this Response.

Internet sites, including: Diplomatic Mission of Pakistan in Canada, Federal Foreing Office of Germany, United Nations High Commissioner for Refugees (UNHCR).