In 2026, 40-year stay for Afghan citizens is a strong legal ground for judicial relief. Many individuals arrived in Pakistan during the late 1970s and early 1980s. They have built lives, families, and businesses over four decades. While current policies like the “Illegal Foreigners Repatriation Plan” target undocumented residents, the High Courts often intervene for long-term dwellers. Judges recognize that deporting someone who has lived in Pakistan for 40 years can cause “irreparable harm”.
Why the High Court Grants Protection
The Peshawar and Islamabad High Courts frequently grant stay orders to long-term residents based on “exceptional grounds”. These rulings often highlight the following factors:
- Deep Social Integration: Many 40-year residents have children and grandchildren who were born in Pakistan.
- Property and Business: Long-term residents often own local assets or businesses that require legal time to settle.
- Dependency on Local Family: If a long-term resident is the sole support for Pakistani-citizen relatives, courts often block immediate deportation.
- Humanitarian Buffer: Judges often issue 6-month stay orders to allow families to regularize their status or seek resettlement.
Birthright Claims for Long-Term Families
Families who have been in Pakistan for 40 years often have children who qualify for birthright citizenship. Under Section 4 of the Pakistan Citizenship Act, 1951, anyone born in Pakistan is a citizen by birth.
- The 2022 Precedent: The Islamabad High Court ruled that an Afghan born in Pakistan has a legal right to citizenship.
- Modern Verification: In 2026, NADRA uses digital records to verify these long-standing family links.
- Court Petitions: A lawyer can file a Writ of Mandamus to force the government to recognize these birthright claims.
Recent Rulings in 2026
In March and April 2026, the Peshawar High Court (PHC) delivered several key orders regarding residency. While Chief Justice S.M. Attique Shah ruled that expired PoR and ACC cards are no longer valid for stay on their own, the court still grants bail and stays for those with unique family or humanitarian ties. For example, the court temporarily barred the deportation of families with pending resettlement cases. These rulings show that the judiciary serves as a check on mass repatriation when fundamental rights are at stake.
Action Steps for 40-Year Residents
- Gather Proof of Residence: Collect old school records, utility bills, or witness statements from your 40 years in Pakistan.
- File for POC or Citizenship: If you have local family, apply for a Pakistan Origin Card (POC) or naturalization immediately.
- Secure a High Court Stay: Have your lawyer file a petition citing your long-term residency and local ties to prevent arrest.
- Keep Your Documentation Updated: Carry copies of any court orders or NADRA application tokens at all times.
Legal Assistance
For professional legal guidance and support in Afghan Citizens Deportation Matters, you may contact:
Mr. Osama Khalil
Lawyer & Legal Consultant
📞 Phone: 0316-1829946
📧 Email: contact@osamakhalillaw.com | contact@khalilassociates.org