How Do I Apply for Citizenship by Naturalisation?

Naturalisation is the route to Papua New Guinean citizenship for a person with no qualifying birth or descent connection. Section 67 of the Constitution sets the requirements, and the Citizenship Act (Chapter 12) supplies the procedure.

The residence requirement

Except in the special cases in section 67(4), a person who has resided continuously in the country for at least eight years may apply to the Minister responsible for citizenship matters to be naturalised.

Section 80 qualifies what counts: a residence requirement is not satisfied by residence in custody under sentence awaiting deportation or removal from the country, or by residence as an unlawful immigrant.

Section 67(2) — the seven eligibility criteria

Criterion (c) is notable: the language requirement is satisfied by Pisin, Hiri Motu or a vernacular. English is not the test. Criterion (d) — respect for the customs and cultures of the country — reflects National Goal 5.

The Minister decides in “deliberate judgement”

If satisfied as to the section 67(2) matters, the Minister may — in his deliberate judgement, but subject to Division 4 (Citizenship Advisory Committee) — grant or refuse the application.

“Deliberate judgement” is a constitutional term of art. Under section 62, the principles of natural justice then apply only to the extent that the judgement must not be biassed, arbitrary or capricious, and the act is otherwise non-justiciable to the extent it is done in deliberate judgement — except as provided by section 155(5) or by a Constitutional Law or Act.

The Citizenship Advisory Committee

Before taking any action under Part IV in relation to a person, the Minister shall refer the matter to the Citizenship Advisory Committee and receive its advice (section 76(1)).

• The Committee consists of four permanent members, at least two of whom are members of Parliament other than Ministers, plus one ad hoc member to represent the community in which the person concerned resides. All members must be citizens other than naturalised citizens.
• If the Minister refuses to accept the Committee’s advice, then if requested by an affected person or by the Committee he must give Parliament, as soon as practicable, a statement setting out his reasons — and Parliament may reverse his decision on such conditions as it thinks proper.
• Section 76(6): a recommendation of the Committee unanimously made to the Minister not to grant citizenship or dual citizenship shall not be rejected.

Children of an applicant

Section 67(3): if an applicant so requests, any child of the applicant who is under voting age at the time of naturalisation becomes a citizen by naturalisation when the applicant is naturalised. Ask for this expressly — it depends on a request.

Section 67(4) — sport and investment

Two categories may apply without the eight-year residence requirement:

• (a) a person in a particular sport who is likely to win one of the three highest recognised medals or honours representing Papua New Guinea in a regional or global competition; and
• (b) a person who has the resources and capital, the commitment and credentials to invest in the country’s economy to create employment and impart skills to citizens.

Such an applicant must still meet the section 67(2) criteria except paragraph (c) — the language requirement. An Act may make further provision for these applications, and for procedure.

Section 69 — when the application must be made

An application under section 67 must be made within two months after the completion of eight years’ continuous residence. Where in his opinion it is just to do so, the Minister may extend that period in his deliberate judgement (subject to the Committee) if satisfied that the person was unaware of the requirement or that there are special circumstances.