The Citizenship Act, 1951 | |
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Territorial extent | Bangladesh |
Enacted | 1951 |
Amended by | |
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Status: Amended |
The nationality law of Bangladesh governs the issues of citizenship and nationality of the People's Republic of Bangladesh. The law regulates the nationality and citizenship status of all people who live in Bangladesh as well as all people who are of Bangladeshi descent. It allows the children of expatriates, foreigners as well as residents in Bangladesh to examine their citizenship status and if necessary, apply for and obtain citizenship of Bangladesh.
The primary law relating to Bangladesh citizenship is The Citizenship Act, 1951, originally the Pakistan Citizenship Act 1951, later amended by a number of legislative orders introduced by the Government of Bangladesh. As Commonwealth citizens, Bangladeshis are eligible to vote in UK elections and serve in public office there.
The territory that is modern day Bangladesh was a part of Pakistan called East Pakistan before 1971. Previously Pakistan, East Pakistan (modern day Bangladesh), and India had been part of British India until independence from Britain and the partition of India and Pakistan into two separate countries in 1947. Before the advent of Bangladeshi nationality law, Citizenship Law of Pakistan and British nationality law would have applied.
Upon the founding of the state, Bangladesh law granted citizenship to persons who were permanent residents of the territories that became Bangladesh on 25 March 1971. [1] [2] The wording of the order makes separate mention of those whose father or grandfather were born in the territory and others, but it is unclear that there is any distinction in law between those groups. [2] The law also describes Bengalis who were in West Pakistan during the 1971 war and facing obstacles over returning as permanent residents eligible for Bangladeshi citizenship. [1]
According to the Citizenship Act 1951, one method of acquiring Bangladeshi nationality is via jus sanguinis (Citizenship by right of blood). This means one may acquire citizenship regardless of whether they were born on Bangladeshi sovereign territory or not. Bangladeshi citizenship is provided primarily jus sanguinis, or through bloodline, irrespective of the place or the legitimacy of the birth. [2] Therefore, any child born to a Bangladeshi woman illegitimately outside Bangladeshi soil would still be eligible to be a Bangladeshi citizen, whereas a child born to two non-nationals in Bangladesh would not. This method is restricted if the child's parents also acquired their nationality through naturalisation or by descent.
Note, however that the Act states that for this to be the case, if the parent from whom the citizenship is to be inherited obtained their Bangladeshi citizenship by descent (rather than birth, for example) then the birth must be registered at the nearest Bangladeshi Embassy or Mission. [3]
Citizenship is acquired jus soli (Citizenship by right of birth within the territory), or at birth, when the identity or nationality of the parents is unknown. [2] In this regard, the child is assumed to be born to Bangladeshi nationals, and hence, given citizenship upon birth. However, this does not apply to the children of enemy aliens born in Bangladesh and it also does not apply to people residing illegally in Bangladesh or refugees in Bangladesh. [4] Enemy aliens are people who do not recognize or refuse to recognize the sovereignty, territorial integrity and independence of the People's Republic of Bangladesh. Enemy aliens are also people whose country of citizenship is, or was, at war with Bangladesh since the declaration of independence in March 1971 by the father of the nation Sheikh Mujibur Rahman. [4] Jus soli citizenship is conferred upon some Urdu-speaking people of Bangladesh since May 2008 by a High Court verdict (see below).
Naturalization is permitted by the Citizenship Law of Bangladesh. Any adult of good character who is married to a Bangladeshi and residing legally in Bangladesh for a period of five years; competent in Bengali language; and intending to reside in Bangladesh can apply for naturalisation. [4] Naturalization may be conferred categorically or without certain rights or privileges, such as the right to stand in parliamentary elections as a candidate. It is also conferred at the discretion of the Government of Bangladesh. Any person who is a citizen of a nation where Bangladeshis are not allowed to naturalise (for instance, Saudi Arabia) is not eligible for naturalisation. [2] Naturalization of a foreigner does not automatically extend to their foreign children. However, they may apply as soon as the naturalised person has taken the citizenship oath of allegiance.
If denied, a person can appeal against the decision within thirty days, where they will be heard. They cannot appeal if citizenship is conferred without certain rights or privileges. If accepted, a naturalised citizen must take an oath of allegiance within thirty days of the grant. A person is considered naturalised only after the oath. [2]
As of February 2023, dual citizenship is permitted under certain circumstances where the person is a citizen of selected 101 countries. [5] Such dual citizens of Bangladesh can apply for a Dual Nationality Certificate which makes it legal to use a foreign passport however, people are not prosecuted for not applying for such certificate. It is also possible to enter Bangladesh as a person of Bangladeshi origin, or a spouse or child of a person of Bangladeshi origin via a No Visa Required (NVR) seal, stamp or sticker on their foreign passports. An eligible person can apply for the NVR stamp/sticker at any Bangladeshi mission overseas. NVR exceptions include citizens of SAARC countries.
Bangladeshi citizens can get dual citizenship of 101 other countries, along with the citizenship of Bangladesh. [6]
Since | Countries |
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17 March 2008 | United Kingdom |
23 September 2008 | Canada, all countries of Europe, United States |
22 January 2012 | Brunei, Hong Kong, Japan, Malaysia, Singapore, South Korea |
27 February 2023 | Algeria, Argentina, Bahamas, Barbados, Bolivia, Botswana, Brazil, Burundi, Central African Republic, Chile, Colombia, Congo, Cuba, Dominica, Dominican Republic, Ecuador, Egypt, Eritrea, Fiji, Gambia, Ghana, Grenada, Guyana, Haiti, Jamaica, Kenya, Liberia, Libya, Mauritius, Morocco, Peru, Rwanda, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Sierra Leone, South Africa, Sudan, Suriname, Trinidad and Tobago, Tunisia, Uruguay, Venezuela |
People who invest in Bangladesh can acquire permanent residency status by investing a minimum of US$75,000 in non-repatriable funds. In addition to many other benefits, permanent residency allows a person to stay in Bangladesh for as long as they want, as well as enter and exit Bangladesh unlimited times without requiring a visa. Citizenship is available by investing a minimum of US$500,000 or by transferring US$1,000,000 in non-repatriable funds to any recognised financial institution in Bangladesh. Although the initial investment to obtain permanent residency or citizenship is non-repatriable, profits, dividends and salaries are repatriable overseas. Under its export oriented, private sector led growth strategy and liberal Industrial Policy, Bangladesh offers potential investors and entrepreneurs generous opportunities, tax exemptions and many other incentives for investment. [7]
The government of Bangladesh reserves the right to grant honorary citizenship to foreign nationals who make exemplary contributions to society in Bangladesh or obtain outstanding achievements for Bangladesh, such as the honour conferred to Father Marino Rigon or Gordon Greenidge. [8] Gordon Greenidge was appointed the head coach of the Bangladesh national cricket team in 1997. His guidance helped the Bangladesh men's cricket team win the 1997 ICC Trophy beating 22 other nations, which also ensured qualification to the 1999 ICC Cricket World Cup. Participation in their first ever cricket world cup changed Bangladesh cricket forever and lead to Test cricket status for the Bangladesh national cricket team in 2000. Gordon Greenidge was conferred honorary citizenship of Bangladesh by the Prime Minister, Sheikh Hasina, for these outstanding achievements of winning the 1997 ICC Trophy and simultaneously qualifying for the cricket world cup. [9]
As of 22 May 2018, Bangladeshi citizens had visa-free or visa on arrival access to 41 countries and territories, ranking the Bangladeshi passport 94th in the world according to the Visa Restrictions Index.
Nationality can be revoked only if it was conferred upon a person by naturalisation, unless the person wilfully surrenders citizenship. [2]
It can be revoked if the naturalised alien provided false information in his/her application. It can also be revoked if the person is sentenced to prison for at least a year or fined at least BDT 1,000 (about US$14) within five years of the naturalisation, or if the person loses contact with Bangladesh for at least seven years. Defection by trade and communication with an enemy at war or remaining a citizen of an enemy state at war will also result in denaturalisation. [2]
Ghulam Azam was a leader of Jamaat-e-Islami during the Liberation War of Bangladesh. He moved to Lahore, Pakistan, during the war, held a Pakistani passport, applying repeatedly for a Bangladeshi nationality [10] until 1978, when he returned to Bangladesh on a tourist visa. He stayed in the same visa for 16 years until 1994. He then obtained Bangladeshi citizenship and a Bangladeshi passport during Khaleda Zia's tenure.
In a controversial verdict, the High Court, and later, the Supreme Court held that Ghulam Azam was a citizen by descent and domicile since the commencement of the Bangladesh Citizenship Order.
The independence of Bangladesh from Pakistan in 1971 led to the abandonment in the Bengali-majority state of around half a million "stranded Pakistanis", colloquially called Biharis , who traced their ethno-linguistic heritage mostly to the Bihar region. Biharis who maintained that they were Bangladeshis were granted citizenship by the Bangladesh Citizenship Order 1972.
Those who maintained that they were Pakistanis, however, were considered non-nationals, as well as those who found their names at the Red Cross list of refugees. [2] Despite official promises, Bangladesh did not recognize them as citizens until May 2008, when the High Court conferred jus soli citizenship to all Urdu-speaking people born and residing in Bangladeshi territory after 1971. [11]
Several hundred thousand Rohingya people fled Myanmar for Bangladesh including 250,000 in 1978 as a result of the King Dragon operation in Arakan. In an attempt to counter the Burmese claims that the Rohingyas are Bangladeshis, the Bangladesh Government amended the Citizenship Order in 1982 to officially declare all the Rohingya refugees non-nationals. [11] The Rohingya refugees are unable to return to Myanmar in fear of the military junta. [12]
Naturalization is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the United Nations excludes citizenship that is automatic acquired or is acquired by declaration. Naturalization usually involves an application or a motion and approval by legal authorities. The rules of naturalization vary from country to country but typically include a promise to obey and uphold that country's laws and taking and subscribing to an oath of allegiance, and may specify other requirements such as a minimum legal residency and adequate knowledge of the national dominant language or culture. To counter multiple citizenship, some countries require that applicants for naturalization renounce any other citizenship that they currently hold, but whether this renunciation actually causes loss of original citizenship, as seen by the host country and by the original country, will depend on the laws of the countries involved.
Jus soli, meaning 'right of the soil', is the right of anyone born in the territory of a state to nationality or citizenship, also commonly referred to as birthright citizenship in some Anglophone countries, is a rule defining a person's nationality based on their birth in the territory of the country.
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Italian nationality law is the law of Italy governing the acquisition, transmission and loss of Italian citizenship. Like many continental European countries it is largely based on jus sanguinis. It also incorporates many elements that are seen as favourable to the Italian diaspora. The Italian Parliament's 1992 update of Italian nationality law is Law no. 91, and came into force on 15 August 1992. Presidential decrees and ministerial directives, including several issued by the Ministry of the Interior, instruct the civil service how to apply Italy's citizenship-related laws.
Swedish nationality law determines entitlement to Swedish citizenship. Citizenship of Sweden is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Swedish parent, irrespective of place of birth.
The primary law governing nationality of Portugal is the Nationality Act, which came into force on 3 October 1981. Portugal is a member state of the European Union (EU) and all Portuguese nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.
The citizenship law of the Czech Republic is based on the principles of jus sanguinis or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship. Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003, and 2005. Since 1 January 2014, multiple citizenship under Czech law is allowed.
Hungarian nationality law is based on the principles of jus sanguinis. Hungarian citizenship can be acquired by descent from a Hungarian parent, or by naturalisation. A person born in Hungary to foreign parents does not generally acquire Hungarian citizenship. A Hungarian citizen is also a citizen of the European Union.
Singapore nationality law details the conditions by which a person holds Singapore nationality. The primary law governing nationality requirements is the Constitution of Singapore, which came into force on 9 August 1965.
Estonian citizenship law details the conditions by which a person is a citizen of Estonia. The primary law currently governing these requirements is the Citizenship Act, which came into force on 1 April 1995.
The Romanian nationality law addresses specific rights, duties, privileges, and benefits between Romania and the individual. Romanian nationality law is based on jus sanguinis. Current citizenship policy in Romania is in accordance with the Romanian Citizenship Law, which was adopted by the Romanian Parliament on March 6, 1991, and the Constitution of Romania, which was adopted on November 21, 1991.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies, and the 14 British Overseas Territories.
Pakistani nationality law details the conditions by which a person is a national of Pakistan. The primary law governing these requirements is the Pakistan Citizenship Act, 1951, which came into force on 13 April 1951.
Monégasque nationality law determines entitlement to Monégasque citizenship. Citizenship of Monaco is based primarily on the principle of jus sanguinis. In other words, citizenship is conferred primarily by birth to a Monégasque parent, irrespective of place of birth.
Iranian nationality law contains principles of both jus sanguinis and jus soli.
The Nationality law of Myanmar currently recognises three categories of citizens, namely citizen, associate citizen and naturalised citizen, according to the 1982 Citizenship Law. Citizens, as defined by the 1947 Constitution, are persons who belong to an "indigenous race", have a grandparent from an "indigenous race", are children of citizens, or lived in British Burma prior to 1942.
Tanzanian nationality law is regulated by the Constitution of Tanzania, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history racist policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of jus soli, i.e. by birth in the territory, or jus sanguinis, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.
Emirati nationality law governs citizenship eligibility in the United Arab Emirates (UAE). The law is primarily jus sanguinis. Foreigners who meet certain criteria may be naturalized and granted citizenship. Gulf Cooperation Council citizens are allowed to live in the UAE without restriction and have the right of freedom of movement.
Syrian nationality law is the law governing the acquisition, transmission and loss of Syrian citizenship. Syrian citizenship is the status of being a citizen of the Syrian Arab Republic and it can be obtained by birth or naturalization. The Syrian Nationality Law was enacted in 1969, by Legislative Decree No. 276/1969.