Procedure for applying online for indian citizenship

Pdf File 110.88 KByte, 13 Pages

PROCEDURE FOR APPLYING ONLINE FOR INDIAN CITIZENSHIP

1. Introduction to Indian Citizenship:

The Constitution of India provides a single citizenship for the entire country. The Citizenship Act enacted by the Parliament in 1955 provides for acquisition, renunciation, termination, deprivation and determination of Indian citizenship. The Act provides for acquisition of Indian Citizenship by birth, descent, registration and naturalization.

2. Acquisition of Indian Citizenship

The salient features of conditions and procedures for acquisition of Indian Citizenship as per the provisions of Indian Citizenship Act, 1955 are mentioned below:

1. By Birth (Section 3):

i. Every person born in India on or after the 26.01.1950 but before 01.07.1987 is a citizen of India by birth irrespective of the nationality of his/her parents.

ii. Every person born in India between 01.07.1987 to 02.12.2004 is a citizen of India provided either of his/her parents is a citizen of India at the time of his/ her birth.

iii. Every person born in India on or after 03.12.2004, shall be citizen of India provided both of his/her parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his/ her birth

2. By Registration (section 5):

Citizenship of India by registration can be acquired by-

i. A person of Indian origin who is ordinarily resident in India for seven years before making an application for registration; or

ii. A person of Indian origin who is ordinarily resident in any country or place outside undivided India; or

iii. A person who is married to a citizen of India and is ordinarily resident of India for seven years before making an application for registration; or 1

iv. Minor children of persons who are citizens of India; or

v. A person of full age and capacity whose parents are registered as citizens of India section 5(1) (a) of this sub- section or sub- section (1) of section 6; or

vi. A person of full age and capacity who, or either of his/ her parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration; or

vii. A person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration

3. By Naturalisation (section 6):

Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfils other qualifications as specified in third schedule to the act, 1955.

3. Termination of Indian Citizenship (Section 9)

Any citizen of India who by naturalization, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India.

4. Renunciation of Citizenship

If any citizen of India of full age and capacity makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority, and, upon such registration, that person shall cease to be a citizen of India.

i. If any such declaration of renunciation is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.

2

ii. Where a person ceases to be a citizen of India under sub- section (1) every minor child of that person shall thereupon cease to be a citizen of India. Any such child may, within one year after attaining full age, make a declaration (in the prescribed form and manner) that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

5. DETERMINATION OF CITIZENSHIP (Section 9(2)

i. Any question that arise about the manner of acquisition of the citizenship of another country by any citizen of India, the same shall be determined by the Central Government.

ii. For the purpose of determining any question relating to the acquisition by an Indian citizen of the citizenship of any other country, the Central Government may make such reference as it thinks fit in respect of that question or of any matter relating thereto, to its Embassy in that country or to the Government of that country and act on any report or Information received in pursuance of such reference.

iii. The fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date.

iv. In determining whether a citizen of India has or has not voluntarily acquired the citizenship of any other country, the Central Government may take the following circumstances into consideration, namely:-

a. Whether the person has migrated to that country with the intention of making it his permanent house

b. Whether he has in fact taken up permanent residence in that country; and

c. Any other circumstances relevant to the purpose

6. Deprivation of Indian Citizenship (Section 10)

A citizen of India who is such by naturalization or by virtue only of clause (c) of article 5 of the Constitution or by registration otherwise than under clause (b) (ii) of article 6 of the Constitution

3

or clause (a) of sub- section (1) of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of the Central Government under this section.

Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian citizenship, if it is satisfied that -

i. The registration or certificate of naturalization was obtained by means of fraud, false representation or the concealment of any material fact or

ii. That citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established or

iii. That citizen has, during any war in which India may be engaged unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business that was to his knowledge carried on in such manner as to assist an enemy in that war or

iv. That citizen has, within five (5) years after registration or naturalization, been sentenced in any country to imprisonment for a term of not less than 2 years or

v. That citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government of India or of an international organization of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intension to retain his citizenship of India.

7. Key information about the forms:

Sl. No.

Form description

Name of the Form

1. Application for Registration as a citizen of India

under Section 5(1)(a) of the Citizenship Act, 1955

Form II, Section 5 (1) (a)

made by a person of Indian origin

2. Application for Registration as a citizen of India under section 5(1)(c) of the Citizenship Act, 1955 made by a person who is/has been married to a Citizen of India

Form III, Section 5 (1) (c)

4

Sl. No.

Form description

Name of the Form

3. Application for Registration of a Minor child under Form IV, Section 5 (1) (d)

section (5) (1) (d) of the Citizenship Act, 1955

4. Application for Registration as a Citizen of India under section 5 (1) (e) of the Citizenship Act, 1955 made by a person whose parents are registered as Form V, Section 5 (1) (e) citizen of India under Section 5 (1) (a) or Section 6 (1)

5. Application for registration as a citizen of India of India under section 5 (1) (f) of the Citizenship Act, 1955 made by a person who or either of the parents Form VI, Section 5 (1) (f) was a citizen of Independent India and has been residing in India for 1 year before making the application

6. Application for Registration as a citizen of India under Section 5(1)(g) of the Citizenship Act, 1955 Form VII, Section 5 (1) (g) made by a person who is registered as an Overseas Citizen of India under Section 7 A

7. Application for Naturalisation as a citizen of India under section 6(1) of the Citizenship Act, 1955

Form VIII, Section 6 (1)

8. Supporting documents required for availing the Indian citizenship:

The supporting documents required to be submitted by the applicant along with the hard copy of the filled up online application form is mentioned below:

Sl. No.

Form

Supporting documents required

1

Form II, Section 5 (1) (a) ? A copy of valid Foreign Passport.

? A copy of valid Residential Permit/LTV.

5

Sl. No.

Form

Supporting documents required

? Evidence of the date of birth of the parents' viz. copy of the Indian passport or birth certificate.

? Declaration and Oath of allegiance as specified in the form to be made before the offices specified in the Citizenship Rules, 1955 i.e. Collector/ DM/ DC.

? Copy of Bank Challan in original amounting to Rs.500/- payable towards declaration and Oath of allegiance deposited in the State Bank of India under Head No."0070-Other Administrative Services-Other Services-receipts under the Citizenship Act".

2

Form III, Section 5 (1) (c) ? A copy of valid Foreign Passport.

? A copy of valid Residential Permit/LTV.

? Evidence of his/her husband's/wife's Indian nationality viz. copy of the Indian passport or birth certificate.

? A copy of marriage certificate issued by the Registrar of Marriage.

? Declaration and Oath of allegiance as specified in the form to be made before the offices specified in the Citizenship Rules, 1955 i.e. Collector/ DM/ DC.

? Copy of Bank Challan in original amounting to Rs.500/- payable towards declaration and Oath of allegiance deposited in the State Bank of India under Head No."0070-Other Administrative Services-Other Services-receipts under the Citizenship Act"

3

Form IV, Section 5 (1) (d) ? A copy of valid Foreign Passport of the child or parent or which has/ her

name is entered.

? A copy of valid Residential Permit/LTV.

? Proof of Indian citizenship of both the parents' viz. copy of the Indian passport or birth certificate.

? Declaration and Oath of allegiance as specified in the form to be made before the offices specified in the Citizenship Rules, 1955 i.e. Collector/ DM/ DC.

? A copy of Bank Challan in original amounting to Rs.250/- payable towards declaration and Oath of allegiance deposited in the State Bank of India under Head No."0070-Other Administrative Services-Other

6

Download Pdf File