Rakesh Pathak
                Advocate

Indian Citizenship under Citizenship Act 1956

Guidelines

Checklist for ensuring proper submission of applications by a citizen of another country under the provisions of the Citizenship Act, 1955 for grant of Indian citizenship.

         I.            For registration under section 5(1)(a) - Person of Indian origin

                                i.            An applicant will be deemed to be of Indian origin if he/she, or either of his/her parents were born in undivided India.

2. An applicant should be in possession of a valid foreign passport of the country to which he belongs.

3. The applicant’s stay in India should have been authorized under the Foreigners Act, 1946 i.e., he/she should have been registered with the concerned Foreigners Registration Officer (FRO) and should be in possession of a valid Residential Permit.

4. The applicant must complete the residential requirement of 7 years before making an application.

Application Form: Form IA

         I.            For registration under section 5(1)(c) – A person married to a citizen of India.

                                i.            The applicant should have been married to a citizen of India for 7 years i.e., the marriage should have subsisted for 7 years.

2. The applicant should be in possession of a valid foreign passport of the country to which he/she belongs.

3. The applicant’s stay should have been authorized under the Foreigners Act, 1946 i.e., he/she should have been registered with the concerned Foreigners Registration Officer (FRO), and should be in possession of a valid Residential Permit.

4. The applicant must complete the residential requirement of 5 years before making an application.

Application Form: Form II

2. For naturalization under section 6(1).

                                i.            An applicant should have adequate knowledge of a language specified in the Eighth Schedule to the Constitution.

2. An applicant should be in possession of a valid foreign passport of the country to which he belongs.

3. The applicant’s stay should have been authorized under the Foreigners Act, 1946 i.e., he should have been registered with the concerned Foreigners Registration Officer (FRO) and should be in possession of a valid Residential Permit.

4. The applicant must complete the residential requirement of 14 years before making an application.

5. The period of residence is to be calculated in the following manner –

                                                      a.            The applicant should have resided in India continuously for 1 year immediately before making the application.

2. Further, he should have resided in India for 14 years preceding the said one-year.

Application Form: Form XII

3. For minor children

                                i.            For a minor child to be registered under section 5(1)(d), both of his parents should have acquired Indian Citizenship by registration/naturalization and the minor child should have been staying with them in India.

Application Form: Form III

2. Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are 'special circumstances' justifying such registration. Each case would be considered on merits.

Application Form: Form IV

Documents

Remember to enclose copies of the following documents with your application –

1.      A valid Passport, in all cases

2. A valid Residential Permit indicating the lawful residence in India from the date of arrival onwards, in all cases

3. Marriage certificate, where applicable

4. Proof of Indian citizenship status of spouse, where applicable

5. Proof of adequate knowledge of an Indian language, where applicable.

IV        Registration as Overseas Citizens of India

Documents :  The procedure and documents required for registration as overseas Citizen of India is as under:

(i)         An application for registration by a person of full age and capacity as an overseas citizen of India under Section 7 A (1) (a) shall be made in Form XIX;

(ii)        An application for registration by a person of full age and capacity as an overseas citizen of India under Section 7 A (1) (b) shall be made in Form XIX A;

(iii)       An application for registration of a minor child of an overseas citizen of India as an overseas citizen thereof under Section

7A(1) (c) shall be made in Form XIX B, and shall include the following particulars, namely:-

(a)       a statement whether the applicant is a parent or guardian of the child and if is a guardian, how be became the guardian;

(b)       a statement showing whether the child was adopted by the applicant and if so, documentary evidence to this effect;

(c)        a statement indicating reasons for which the child is required to be registered as an overseas citizen of India.

(iv)       Certificate of registration to be granted to persons registered and register of persons registered under Section 7 A (1) –

(1)       Every person who is registered as an overseas citizen of India under Section 7A(1) shall be issued a certificate of registration in Form XX, duly signed by an officer not below the rank of an Under Secretary to the Government of India and where such a certificate is issued, a duplicate copy thereof shall be prepared and preserved for record by the issuing authority.

(2)       There shall be kept by the Central Government in the Ministry of Home Affairs, a register containing names of the persons registered as overseas citizens of India under Section 7 A (1) in Form XXI.

            (v)        Declaration of renunciation of overseas citizen of India –

(1)       A declaration of renunciation of overseas citizenship of India under Section 7 C (1) shall be made in Form XXII.

(2)       The declaration shall be registered in the Ministry of Home Affairs of Government of India.

(3)       On receipts of such declaration the Central Govt. shall issue an acknowledgement in Form XXII A.

(4)       There shall be kept by Central Govt. in the Ministry of Home Affairs a register the Form XXII B, containing the names of persons where declarations of intentions to renounce overseas citizenship of India are registered.

            PROCEDURE  - The application for registration as an overseas citizen of India has to be made in the prescribed form. This form when completed should be submitted in triplicate;

            (i)         In India

to the Collector within whose jurisdiction the applicant is ordinary resident for transmission to the Central Government through the State Government or Union Territory Administration, as the case may be;

            (ii)        Elsewhere

to the Indian Consulate/Embassy whose jurisdiction the country of which an applicant is a citizen for this for transmission to the Central Government.

Miscellaneous

Furnish complete information exactly in the manner asked for in the form.

Do NOT renounce your foreign nationality till your application is accepted and you are informed of the decision.

Do follow all the formalities expected of a foreigner under the Foreigner Act, 1946 such as holding a valid passport, residential permit etc. till a Certificate of Citizenship is issued by the Central Government.

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