Section 66 of the Constitution deals with citizenship acquired through family connection. It contains four distinct routes, and the difference between them matters.
Born in the country — automatic
A person who (a) is born in the country on or after Independence Day, and (b) had one parent who was a citizen — or who, had they survived to Independence Day, would have been or would have been entitled to become a citizen — is a citizen.
No application, no registration, no discretion. One citizen parent is enough, and it does not matter which parent.
Born outside the country — registration required
Section 66(2): a person born outside the country on or after Independence Day, with one parent who was a citizen (or who would have been), is a citizen if their birth is registered as prescribed by or under an Act made for the purpose.
For a child born overseas to a PNG citizen parent, registration is the operative step. Deal with the nearest PNG mission or with the Immigration and Citizenship Authority, and do it early — proving parentage and identity becomes harder with time, not easier.
Section 66(3) — the grandparent route
A person who has or had one parent or grandparent who, under section 66(1), is or was a citizen, or is or was qualified to be a citizen, and who does not fall within section 66(2), may apply to the Minister responsible for citizenship matters to be a citizen by descent. The Minister may, if satisfied as to the section 66(5) matters, grant or refuse the application in his deliberate judgement, subject to the Citizenship Advisory Committee.
Note the shift: this route is an application, not an entitlement.
Section 66(5) — eligibility for citizenship by descent
- (a) in the three years preceding the application, have been resident in the country for a total of 12 months;
- (b) be of good character; and
- (c) subject to section 64, renounce any other citizenship in the manner prescribed by law and make the Declaration of Loyalty.
The residence requirement is cumulative — 12 months in total within the preceding three years — not continuous. Section 80 excludes residence in custody awaiting deportation and residence as an unlawful immigrant.
Section 66(4) — citizenship by marriage
A person who is the spouse of a citizen may apply to the Minister to be a citizen by marriage. The Minister may grant or refuse the application in his deliberate judgement, subject to the Committee, if satisfied as to the section 66(6) matters:
- (a) in the three years preceding the application, resident in the country for a total of 12 months;
- (b) of good character;
- (c) in a marriage that is not a marriage under Papua New Guinean custom but is otherwise genuine and valid under Papua New Guinea laws; and
- (d) subject to section 64, renounce any other citizenship and make the Declaration of Loyalty.
The marriage relied on for this route must not be a customary marriage. That does not make customary marriage invalid — it is valid for other purposes under PNG law — but it does not found an application under section 66(4). A couple in a customary marriage seeking citizenship for the non-citizen spouse should take advice on the alternatives, including naturalisation under section 67.
Adoption — section 78
Where citizenship status or entitlement is determined by reference to a parent or grandparent, and the person or their parent was adopted under any law in force in the country or elsewhere, status is determined by reference to the natural parents or grandparents.
But the Minister may, in his deliberate judgement and subject to the Committee, allow an adoptive parent or grandparent to be taken into account where the result would be to recognise citizenship or the entitlement to citizenship. Section 78(2) makes clear that adoption includes adoption by custom — see customary adoption in PNG and what an adoption order changes.
Proving the connection
Descent claims turn on documents. Useful material includes birth certificates for the applicant, the parent and the grandparent; village and church records; school records; land and clan records; and a certificate under section 81, which — unless obtained by false representation, fraud or concealment of a material fact — is conclusive evidence of the status it states.
Where a parent’s identity or citizenship status is unknown or doubtful and the child was born in the country, section 77(2) deems the parent, in the absence of proof to the contrary, to have been a citizen.
Sources
- Constitution — ss 62, 64, 65, 66, 76, 77, 78, 80, 81
- Citizenship Act (Chapter 12)
- Adoption of Children Act (Chapter 275)
- Marriage Act (Chapter 280)
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.