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Bangladeshi nationality law
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Bangladeshi nationality law
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 Bangladeshi 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.
Bangladesh was previously ruled by the British Empire, and local residents were British subjects and British protected persons. Although modern-day Bangladesh (then East Bengal) became a province of the Dominion of Pakistan during the partition of 1947. Bangladeshis no longer hold British nationality, they continue to have favoured status when residing in the United Kingdom; 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 once a part of Pakistan called East Bengal subsequently becoming East Pakistan before Bangladesh's declaration of independence in 1971. Previously, Pakistan, India, and Bangladesh (then East Bengal) had been part of the British Empire until independence from Britain and the partition of India and Pakistan into two separate countries in 1947. Before the advent of Bangladeshi nationality law, British nationality law and the Citizenship Law of Pakistan would have applied.
Upon the founding of the state, Bangladeshi law granted citizenship to persons who were permanent residents of the territories that became Bangladesh on 25 March 1971. 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. 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.
Bangladeshi citizens are also Commonwealth citizens by default as well.
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. 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.
The Act states, however, 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, High Commission, or Mission.
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Bangladeshi nationality law
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 Bangladeshi 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.
Bangladesh was previously ruled by the British Empire, and local residents were British subjects and British protected persons. Although modern-day Bangladesh (then East Bengal) became a province of the Dominion of Pakistan during the partition of 1947. Bangladeshis no longer hold British nationality, they continue to have favoured status when residing in the United Kingdom; 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 once a part of Pakistan called East Bengal subsequently becoming East Pakistan before Bangladesh's declaration of independence in 1971. Previously, Pakistan, India, and Bangladesh (then East Bengal) had been part of the British Empire until independence from Britain and the partition of India and Pakistan into two separate countries in 1947. Before the advent of Bangladeshi nationality law, British nationality law and the Citizenship Law of Pakistan would have applied.
Upon the founding of the state, Bangladeshi law granted citizenship to persons who were permanent residents of the territories that became Bangladesh on 25 March 1971. 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. 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.
Bangladeshi citizens are also Commonwealth citizens by default as well.
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. 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.
The Act states, however, 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, High Commission, or Mission.
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