{"id":17190,"date":"2013-02-25T16:17:34","date_gmt":"2013-02-25T21:17:34","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=17190"},"modified":"2013-02-25T16:17:34","modified_gmt":"2013-02-25T21:17:34","slug":"legal-draftsman-and-immigration-controller-clash-over-proposed-amendments-to-the-dual-citizenship-act","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=17190","title":{"rendered":"Legal Draftsman and Immigration Controller Clash over Proposed Amendments to the Dual Citizenship Act"},"content":{"rendered":"

By<\/p>\n

Chrishanti Christopher<\/strong><\/p>\n

The Department of Immigration & Emigration (DIE) and the office of the Legal Draftsman are at loggerheads over the new amendments to the Dual Citizenship Act.<\/p>\n

It is learnt that the two departments are forwarding papers to and fro, between their offices, while having a disagreement as to how the new amendments could be accommodated. In an interesting twist to the year-long drawn out amendment, it is learnt that the two departments have also lost track as to where the documents are at present.<\/p>\n

While the Controller, DIE, Chulananda Perera, said the draft amendment to the Dual Citizenship Act is still with the Legal Draftsman and they are awaiting his observations, the Legal Draftsman, G.A.S. de Silva, said he had sent the observations to the DIE.<\/p>\n

<\/p>\n

Dual Citizenship for Sri Lankans living overseas was suspended on 28 January 2011. While many applicants are anxiously waiting to obtain dual citizenship, the DIE is waiting for the new amendments to the Act so as to proceed with processing the applications.<\/p>\n

According to the DIE, the amendments are not feasible to be incorporated into the Citizenship Act. Earlier, dual citizenship was covered under the Citizenship Act. However, the current procedure where applicants are given visas for five years enabling them to live in Sri Lanka during that period, and which period is considered as a term of probation for the applicants, apparently does not fit into the Citizenship Act. “The new system to grant dual citizenship will initially be akin to granting a visa, and therefore, will not fit into the Citizenship Act,” DIE Deputy Controller, Harsha Ilukpitiya said.<\/p>\n

“The Legal Draftsman’s office has incorporated this amendment under the Citizenship Act, which is not appropriate” he added.<\/p>\n

The process Explaining the process that has taken over a year to be implemented, while officials tasked to formulate the conditions for dual citizenship continue to shuffle their feet, Ilukpitiya said: “Following the discontinuation of granting dual citizenship in January 2011, a new system to grant dual citizenship to Sri Lankans living overseas was prepared under the guidance of President Mahinda Rajapaksa. The amendments had been carefully vetted by a four-member committee and submitted to the Cabinet on 11 January 2012. The Cabinet granted approval for the new amendments on 12 April 2012, and the preliminary draft which was finalized on 16 July 2012, was sent to the Legal Draftsman’s office for approval the next day, through the Ministry of Defence, as is the required protocol.”<\/p>\n

Continuing, he said, “Thereafter, the Legal Draftsman had discussions with the officials of the DIE and officials of the Ministry of Defence on 28 September 2012 and on 23 October 2012, respectively, on the proposed amendments.<\/p>\n

“Subsequently, a special document was prepared by the DIE and was sent to the Legal Adviser of the Defence Ministry, calling for his observations and advice.”<\/p>\n

“Another meeting was held on 24 November 2012 after which a new system \u2013 the Overseas Sri Lankan System, was formulated. This system does not grant citizenship but a visa, valid for five years. This would enable the applicant to have a permanent resident status in Sri Lanka,” Ilukpitiya explained.<\/p>\n

“If we give a certificate, it would amount to granting citizenship,” he said, adding that the Cabinet has approved the draft amendment and, “we cannot change it.”<\/p>\n

The five-year visa system grants an applicant the right to live in Sri Lanka after which he automatically qualifies for citizenship.<\/p>\n

The fee levied on applicants for dual citizenship, Rs 200,000, remains unchanged; this amount could be paid in two instalments of Rs 50,000, initially, when permanent residency (PR) is granted, and the balance Rs 150,000 could be paid at the end of the five-year period when the applicant qualifies for citizenship.<\/p>\n

The dual citizenship scheme was introduced in 1987, and over time, 3,500 Sri Lankans living overseas have been granted dual citizenship. Around 750 people have applied since the service was discontinued, and are waiting till their applications are processed. An applicant’s professional qualifications, investment capabilities and a genuine need to acquire dual citizenship are areas taken into consideration when applications are processed. But under the amendments to the Act, Sri Lankans who have sought asylum in other countries and now hold citizenship in foreign countries will not be eligible for dual citizenship. Applicants will have to provide information as to how she\/he obtained citizenship in a foreign country. The information will be cross checked with officials of the Emigration Department of the relevant country, and other stakeholders.<\/p>\n

However, Ilukpitiya said as an exception to the rule, the President of the country has a right to grant citizenship to any person, bypassing the rules. This is included in the amendment, Act No. 824\/1948 and Act No. 18 of 1948.<\/p>\n

The PR enables an applicant the right to live in the country, work and invest in businesses. However, he\/she does not have the right to vote at a parliamentary election or contest as a candidate at an election.<\/p>\n

Sources said that dual citizenship was scrapped as it had not served its purpose and on the other hand, only facilitated Sri Lankans living overseas to buy property in Sri Lanka without paying higher tax. As foreign nationals, Sri Lankans living overseas have to pay 100% tax when they purchase property in their country of birth. The purpose of granting dual citizenship is to encourage expatriate Sri Lankans to contribute towards the economy of the country.<\/p>\n

Interestingly, only 10 countries, worldwide, grant dual citizenship to its citizens who live overseas and have obtained citizenship in those countries. Sri Lanka is the only Asian country that grants dual citizenship. Sri Lanka is targeting its citizens living in Singapore, Malaysia and the West, who could bring in revenue to the country.COURTESY:CEYLON TODAY<\/em><\/p>\n

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By Chrishanti Christopher The Department of Immigration & Emigration (DIE) and the office of the Legal Draftsman are at loggerheads over the new amendments to the Dual Citizenship Act. It is learnt that the two departments are forwarding papers to and fro, between their offices, while having a disagreement as to how the new amendments …<\/p>\n

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