Saturday, March 7, 2015

How to get Indian Citizenship and rules applicable

I got this question several time from people. Recently, somebody asked me about it on Shikhsa.com where I volunteer as chief advisor on student's various career queries and where, I am also among panel of expert over there. I thought to document it on my blog. This will help many.


I do not know how many people will be interested in taking citizenship, but people must get clarity on this. Citizenship is a major rights. I wish everybody should have a global citizenship. The world should be my place- Vasudhaiv Kutumbakam- The whole world is my home. 

Let me come back to the point

1. Who is an Indian Citizen?
Indian Citizenship can be defined on the basis of Indian Citizenship Act. Following are Indian Citizen
A person can be Indian Citizen in following conditions:

By section 3 of Indian Citizenship Act

A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.
A person born in India on or after 1st July,1987 but before 3rd December, 2004 is
considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth. 

An illegal migrant as defined in section 2(1)(b) of the Act is a foreigner who entered India.

(i) without a valid passport or other prescribed travel documents : or 

(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.

So you need to be very clear here. You are an Indian Citizen by birth if you have born in India before 1st July 1987 irrespective of citizenship of your parents and ancestors. Even if they are illegal migrants, you are Indian citizen. 

To clarify further, you are an Indian citizen if you have born on or before July 1st 1987
1. Even if your parents and ancestors are illegal immigrants from Bangladeshi or Pakistani.
2. Your parents are citizen of Nepal or Bhutan 
3. Your parents were in Indian when you born irrespective of their purpose. 

If  you are born in India on or after 1st July,1987 but before 3rd December, 2004 and either of your parents are Indian, then only you are an Indian Citizen. 
This means, if you are an India born Nepalese or Bhutanese after 1st July 1987, living in India, you are not an Indian Citizen.

The rules become stringent after 2004. 

A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth. This means, if your father or mother illegally migrated to Indian from any country whether Bangladesh, Pakistan or Sri Lanka or your parents from Nepal or Bhutan (Who are never illegal migrants)then also you are not an Indian Citizen.


(2) By Descent (Section 4)

A person born outside India on or after 26th January 1950 but before 10th December 1992
is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

Procedure
Application for registration of the birth of a minor child to an Indian consulate under Section 4(1) shall be made in Form-I and shall be accompanied by an undertaking in writing from the parents of such minor child that he does not hold the passport of another country.

so to summarise, you are not an Indian citizen if your parents were Indian by registration or naturalisation or only by birth and your parents did not have any ancestors who were Indian. Further, even if your parents were Indian, but they did not register at Indian consulate within a year of birth, then you cannot claim to be an Indian. If you have failed to register within a year, you may take prior approval from ministry of external affairs (contact Indian Embassy in your country).

(4) By Registration : This is another way of getting Indian Citizenship specially for those whose parents were of Indian origin

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 2

 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  

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 shall be made in Form-IV.

Procedure

Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.

Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government. The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.

Clarity: Government or the Citizenship Act has not mentioned any special condition for circumstances. This is useful for somebody marrying to an Indian, children of either citizen of India. This is for people living in undivided India (India, Pakistan and Bangladesh together), OCI card holder and children of parents of India origin. It requires 1 year to 12 years residence in India from case to case basis. A children of Nepalese citizen, Bhutanese citizen or of any other countries residing in India are not eligible. A hope for illegal migrants from Bangladesh, Pakistan and Sri Lanka has hope (only for their minor children) subject to certain conditions and also for refugees. 



(5) By Naturalisation (Section 6)

Citizenship of India by naturalization can be acquired by a foreigner (not 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 other qualifications as specified in Third Schedule to the Act. Application shall be made in Form-XII.

This way is useful for all people, any nationality background who are living in India with valid Visa/ PIO or OCI card. 


So in short, ways of acquiring Indian Citizenship are as follows:

  • Registration As a Citizen of India Under Section 5(1)(a) of the Citizenship Act, 1955 Made by a person of Indian Origin

  • 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

  • Registration of a minor child Under section 5(1)(d) of the Citizenship Act, 1955

  • 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 citizen of india under section 5(1)(a) or section 6(1)

  • Registration as a citizen of India under section 5(1)(f) of the citizenship act, 1955 made by a person who or either of the parents was a citizen of independent india

  • Registration as a citizen of India under section 5(1)(g) of the citizenship act, 1955 made by a person who is registered as an overseas citizen of india under section 7A

  • Naturalization as a citizen of India under section 6(1) of the citizenship act, 1955

  • Registration of birth of a minor child at an Indian consulate under section 4(1) of the citizenship act, 1955

    • 2. Can I apply for Indian Citizenship online?
    Yes, you can apply online.
    Please click on appropriate category from following:


  • Registration As a Citizen of India Under Section 5(1)(a) of the Citizenship Act, 1955 Made by a person of Indian Origin

  • 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

  • Registration of a minor child Under section 5(1)(d) of the Citizenship Act, 1955

  • 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 citizen of india under section 5(1)(a) or section 6(1)

  • Registration as a citizen of india under section 5(1)(f) of the citizenship act, 1955 made by a person who or either of the parents was a citizen of independent india

  • Registration as a citizen of india under section 5(1)(g) of the citizenship act, 1955 made by a person who is registered as an overseas citizen of india under section 7A

  • Naturalization as a citizen of india under section 6(1) of the citizenship act, 1955

  • Registration of birth of a minor child at an indian consulate under section 4(1) of the citizenship act, 1955




    • 3. My parents migrated from Nepal and Bhutan and we permanently settled in India. They have voter ID card, ration card, Aadhar card, they pay income tax, they also have property in India and Nepal. Aren't my parents and I citizen of India?
    You are, only if you have born on or before July 1987. Your parents are never citizen of India. Your children will be citizen of India if they do not accept any other citizenship. 

    4. May I acquire citizenship of India if I am a person of Indian origin and if my country allow dual citizenship?
    No. You may get Overseas Citizenship of India (OCI) or Person of Indian Origin (PIO) card holder, but you cannot have citizenship of India. India does not have dual citizenship rights. 


    5. What is the difference between a citizen of India, Overseas Citizen of India (OCI) and Person of Indian Origin (PIO)?
    Following comparison clear your query
    Comparison of Indian Citizen, OCI and PIO (Ctizenship v/s OCI vs PIO)
    The question whether to get an OCI or PIO is a perennial one for people who have surrendered their Indian Citizenship and want to visit India regularly with no hassles. Which service to opt for depends on individual priorities and circumstances and an objective comparison of OCI and PIO might help in the decision-making process.  Below is a comparison chart with sub-categories highlighting the similarities and differences between the OCI and PIO.

    OCI

    PIO

    Who can apply?
    Any person of Indian Lineage who is a foreign citizen and holds a foreign passport.
    Any person of Indian Lineage who is a foreign citizen and holds a foreign passport.
    Where to apply?
    CKGS Application Center in the applicant's jurisdiction.
    CKGS Application Center in the applicant's jurisdiction.
    Official guidelines for eligibility
    Any person who:
    • Was eligible to become a citizen of India on or after January 26, 1950.
    • Belonged to a territory that became a part of India after 15th of August 1947.
    •  Is a child or grandchild of a person meeting any of the criteria above.
    • Anyone who at any time has held an Indian passport.
    •  He/she or either of his/her parents or grandparents or great grandparents were born in and permanently resided in India as defined by the Government of India Act, 1935.
    •  Persons of Indian origin up to four generations back can apply for the PIO card.
    Requirement of Indian Visa
    Not required
    Not required
    Duration of entry to India
    Multi-purpose multiple entry life-long permission to enter India. There is no restriction on the period of stay in India.
    15 years from the date of issue of PIO card. If the stay exceeds more than 180 days the PIO holders will have to register themselves with the concerned FRRO/FRO.
    Re-issue of services
    Re-issue of OCI depends on age of the applicant that might prove to be restrictive.
    Minors of the age 20 and below: The OCI card has to be reissued every 5 years i.e. every time a new passport is issued.
    Adults 50 years and older:  Re-issue once after the passport is re-issued.
    Adults between age of 21 and 49:
    No need for re-issue every time passport is re-issued.  
    PIO Card holders can apply for re-issue after the validity of 15 years is over. They need not apply for a new PIO Card every time a new passport is re-issued.

    Relatives

    Spouse of the Cardholder
    Not eligible if the spouse is not of an Indian Origin.
    Spouse eligible to apply even if not of Indian origin.
    Children
     At least one parent must be a foreign citizen of Indian lineage.
    Children born of parents who are both Indian Citizens are eligible.

    General Living in India

    Employment Opportunities in India
    OCI Card holders do not require an employment visa and can stay in India indefinitely. No restrictions to pursue a profession except in areas that require special Protected and Restricted area permits.
    PIO Card holders do not require employment visa. But if the stay exceeds 180 days they will have to register with the nearest FRO office. No restrictions to pursue a profession except in areas that require special Protected and Restricted area permits.
    Education
    No separate Education Visa required and children can enroll in educational institutions under the NRI quota.
    No separate Education Visa required and children can enroll in educational institutions under the NRI quota.
    Economic and Financial rights
    Apart from investing in agricultural and plantation properties OCI card holder can get a PAN card, driver's license, open bank accounts, invest, and earn their income like regular citizens.
    Apart from investing in agricultural and plantation properties PIO card holder can get a PAN card, driver's license, open bank accounts, invest, and earn their income like regular citizens.
    Taxation
    (Taxation laws are complicated and depend on individual circumstances, tax laws, and Double taxation laws between both the countries. Please consult an expert in taxation laws).
    India: Income earned in India is liable for taxation in India. Taxation in India also depends on whether the card holder has ROR (Ordinary Resident) or RNOR (not ordinarily resident) status.
    Possession of an immovable property (house, land etc) will not be taxed however the sale that results in profit of an immovable property will be taxed.
    USA: USA taxes its residents on worldwide tax incomes. However the tax amount can be reduced or minimized under Double Taxation laws or DTAA.
    India: Income earned in India is liable for taxation in India. Taxation in India also depends on whether the card holder has ROR (Ordinary Resident) or RNOR (not ordinarily resident) status. Possession of an immovable property (house, land etc) will not be taxed however the sale that results in profit of an immovable property will be taxed.
    USA: USA taxes its residents on worldwide tax incomes. However the tax amount can be reduced or minimized under Double Taxation laws or DTAA.

    Documentation and Processing

    Type of Documents Issued
    OCI Card and U Visa Sticker. The sticker will be attached to the passport. 
    PIO Booklet with all the information of the card-holder.
    Processing
    2-step process:
    Once the OCI card and sticker is approved by the Consulate in Delhi the applicant is required to send the passport along with the fee receipt to the CKGS. The OCI sticker will be attached to the passport.
    1-step process: 
    The applicant has to send all the documents together as part of the application to the CKGS.
    Processing Time
    8-10 weeks
    4-6 weeks
    Interchanging status (OCI to PIO or PIO to OCI)
    Usually OCI card holders do not change to PIO status.
    A PIO card holder can surrender the PIO card and get an OCI card.

    Restrictions

    • Cannot vote.
    • Cannot own agricultural property.
    • Cannot exercise constitutional rights like hold positions is Lok Sabha, Rajya Sabha, run for Indian Presidency, and become a judge in High Court or Supreme Court.
    • Permission required: Special Permit required for Missionary, Research Work, Mountaineering, and areas that require Protected Area Permit and Restricted Area Permit.
    • Cannot vote.
    • Cannot own agricultural property.
    • Cannot and cannot exercise constitutional rights like hold positions is Lok Sabha, Rajya Sabha, run for Indian Presidency, and become a judge in High Court or Supreme Court.
    • Permission required: Special Permit required for Missionary, Research Work, Mountaineering, and areas that require Protected Area Permit and Restricted Area Permit.

    Acquisition of Indian Citizenship

    • The card holder will have to surrender the current citizenship to become an Indian Citizen as India does not allow dual citizenship.
    • OCI Card Holders can apply for Indian Citizenship 5 years after registration. However the card holder has to stay for a year in India before applying for Indian Citizenship.
    • The card holder will have to surrender the current citizenship to become an Indian Citizen as India does not allow dual citizenship.
    • As per Sections 5(1) (a) and 5 (1) (c) of the Citizenship Act the PIO Card Holders have to reside in India for minimum 7 years to acquire Indian Citizenship.




    6. Do I need to appoint a lawyer to get Indian Citizenship or to appoint for PIO or OCI?
    I do not think so. All process are online now and that's are really cost saver. There are very handful lawyer who may be even aware about the Act. They will study the law as you are doing it right now. Just get the documents properly and apply now. 


    7. I am of a Nepalese/ Bhutanese origin, never thought about this complexity, born after 1987, have all documents including passport, but have not acquired Indian Citizenship as per law. I assumed I am an Indian citizen. How it affects me? Should I acquire Indian citizenship now?
    Yes, you should. 
    If you are not an Indian citizen (even from Nepal and Bhutan) you cannot vote, you cannot buy any property without prior approval of RBI (violation falls under category of FEMA Act and you may need to pay huge penalty may be twice of your property, you can be arrested and jailed for money laundering). Your children may also get affected as you are deciding to permanently settle down in India as if they are born after July 1987, they will not be Indian citizen by birth, even if they born in India.  It does not matter whether you feel yourself an Indian or not, but it all depends on the law. If you do not want to take Indian citizenship, still you can apply for government job (only if you are a subject of Nepal and Bhutan). You can apply for all posts in the government except IAS, IPS and IFS, You may be restricted from few positions/entry in the Indian army, including NDA. Even if you get job by supressing facts, you may face issue at later stage. There is no restriction on living and doing business, private job. Do not get document just for your greed to earn money from here and transfer to your respective country. Decide which country you love and where you want to stay. You have got enough from India and pay its debt and taxes. Be clear on what you are and b transparent. Do not hide the facts and make forged documents just for your benefit. 


    8. I speak Nepali, but I am originally from Sikkim/ Assam/ Darjeeling/ Uttarakhand and Himachal. Am I a Nepali citizen or an Indian?
    Language does not define your citizenship. If your ancestors are Indian, you are Indian. If you are a Nepali speaking person from Bhutan and Nepal migrated to India before 1st July 1987 and born here, by default you are Indian by birth. Nepali is an official language of India and official language of state of Sikkim. 

    I wish we could have dual citizenship right for all people across SAARC region. Let we have one unified south Asian republic. What do we really gain by dividing ourselves to different nationality when we have so much in common. Nepal, Sri Lanka, Bhutan and Bangladesh have so much in common. There is lot of difference between north India and south Indian in terms of language, words, script, but there is absolutely no difference between India and Nepal. Nepal should have taken a wiser decision like Sikkim, Goa and Hyderabad and should have been part of unified India. It was another mistake to create Bangladesh as a separate nation, so the division of India as India and Pakistan. Like Nepal, Pakistan too does not have any cultural, linguistic and geographical difference from India.  

    I hope I have covered major points. If you still have any query, please feel free to ask.

    Govind
    Mumbai, March 06, 2015
    at

    40 comments:

    1. PiyushMay 23, 2015 at 4:32 AM

      Sir
      I, Piyush Jain am an Indian citizen male and have got married to Namrata Vyas a Nepali citizen girl on 2nd April 2015.
      We have received the marriage certificate and my wife has all documents like her Nepali passport, voter ID, Citizenship card with her. I have all my Indian passport, voter id, residence proof etc with me.

      We want to know that how can my wife (nepali citizen) apply for and get Indian citizenship?

      ReplyDelete
      Replies
      1. GovindMay 23, 2015 at 4:46 AM

        Hi Piyush,
        Since you have recently married, if she has been living in India for more than 7 years and you are residing in India for at least 12 months, then only she can apply. The resident period can be both pre marriage and post marriage.
        For ordinary residence, job including both in government and private sector, a Nepali citizen get equal treatment as of an Indian citizen. A Nepali Citizen in India enjoy the same facilities and benefit as an Indian citizen and they never need to worry about Visa or anything else. Only they do not have voting rights, no rights to be employed as an IAS, IPS and IFS officer (rest eligible for all government grade A and grade B posiiton) and cannot buy property without prior RBI approval.
        Still, if she wants to apply for Indian Citizenship, she has to renounce her Nepali Citizenship and she can apply under the process of registration.
        She can apply under following category
        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

        She needs to apply with following documents
        A copy of valid Foreign Passport
        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

        She is eligible only if she has been living in India after marriage for 7 years and for last 12 months continuously residing in India

        She/ you can apply online by clicking following link
        http://indiancitizenshiponline.nic.in/Ic_App_documents.aspx?formcode=02

        Delete
    2. PiyushMay 23, 2015 at 4:32 AM

      Sir
      I, Piyush Jain am an Indian citizen male and have got married to Namrata Vyas a Nepali citizen girl on 2nd April 2015.
      We have received the marriage certificate and my wife has all documents like her Nepali passport, voter ID, Citizenship card with her. I have all my Indian passport, voter id, residence proof etc with me.

      We want to know that how can my wife (nepali citizen) apply for and get Indian citizenship?

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 12:47 AM

        She can apply for this only after completion of 7 years of marriage. Nepali citizen enjoy all the rights same as Indian citizenship except right of voting, right to buy property (possible through RBI approval) and holding constitutional position.

        Let me know if you need any further clarification.

        Delete
    3. UnknownOctober 15, 2015 at 5:02 AM

      Dear Sir,

      Thanks for posting such valuable information.I have query regarding OCI holder.As per Indian citizenship act OCI holder can apply for Indian Citizenship through registration.however as per section 5,
      (3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.
      This is quite difficult to understand as if person acquired foreign citizenship he/she has to renounce his/her Indian citizenship by guideline.Does it mean that who ever renounce his/her Citizenship due to acquisition of foreign citizenship is not eligible to apply for Indian Citizenship through any section of registration(section 5) even if person satisfy resident requirement and other condition.
      .Even I have contacted at half dozen Indian Lawyer regarding the matter but their opinion is not unique.
      So
      What is the probable percentage chance of Indian Citizenship application approval for normal person(Not VIP or celebrity) with clear background(No criminal history ) ?

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 12:39 AM

        Your citizenship has not been terminated so it does not apply. You can apply. There is no question of not being allowed to be an Indian citizen unless your report is adverse such as criminal report, financial background clearance etc. It is quite difficult for a citizen of an enemy state (with the countries India does not have good relationship)
        Good thing is that, the new government is quite open and flexible. Recently, the fee has been reduced from 25000 to 100 Rs. I feel this has been done to make it affordable and flexible to refugees from countries like Bangladesh and Pakistan.
        Further, government is also making more ammendment in this regards

        Delete
    4. UnknownFebruary 4, 2016 at 6:09 AM

      Dear Govind ji, One of my friend facing citizenship issue. She is a nepali and she was born in 1989 in India. Her father came in India in 1975. He was working in a Govt Dept. Her mother is also Govt Servent. she has 03 sisters and 01 brother. They all were born before 01 July 1987. So as per the law they are Indian Citizen but she was born after 01 july 1987. She did schooling in India. She is graduate from Garhwal university. Please tell me how can she get Indian citizenship? She has voter Id, PAN card, Adhar Card, birth certificate etc...Please tell me under which section she can apply for citizenship.

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 12:45 AM

        I am so sorry for such a late reply. Please refer
        A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.
        A person born in India on or after 1st July,1987 but before 3rd December, 2004 is
        considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.

        If either of her parents are not an Indian citizen, legally, she has to apply for Indian citizenship as a registration. If her mother is an Indian citizen, She is technically an Indian citizen so need not to worry.

        Normally, nobody ask about her citizenship and she can apply for passport. Problem is, when she want to apply for grade A (IAS, IPS and IFS only) job under civil services and positions where Indian Citizenship is mandatory. Also for political office of profit (constitutional) such as President of India, PM and so on.
        Let me know if you still need any clarity

        Delete
    5. UnknownFebruary 23, 2016 at 7:19 PM

      Dear Govindji,

      As a criteria for application for citizenship, a valid residential permit is required. Since Nepalese and Bhutanese can stay in India without visa, none apply for residential permit. How in this case shall a nepalese or Bhutanese person intending to apply for citizenship show the valid residential permit unlike those of other countries? Can you shed some light over this matter?

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 12:48 AM

        No, they don't require. They need to give a self declaration and any evidence showing they are resident in India for the prescribed period. That is sufficient.

        Delete
    6. PriyankaJune 18, 2016 at 2:43 AM

      Hi, I am a Nepalese citizen applying for Indian citizenship under Section 5 (1) (c) (by marriage to Indian citizen). The online portal in the list of documents asks to upload a residential permit. However, Nepalese citizens do not need a permit or visa to stay here. How should I apply in this case/what document should I upload?

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 12:07 AM

        Nepalese subject do not need to upload the documents. Just upload scanned copy of any proof showing you are staying in India for more than the specified years.

        Nepalese citizen enjoy all the facility of Indian citizen, unless you have a specific reason to change your nationality, that is really not required.

        Delete
    7. kunalAugust 16, 2016 at 9:39 PM

      to Indian can get Indian citizenship?
      Hi Govind,

      I am getting married to Nepali citizen. She is a dentist by profession. As far as I could know via a Dental Council, they do not permit a non-Indian citizen to work/practice dental work in India until they acquire a License and to acquire a license they have to have an Indian citizenship. Now to get a citizenship by marriage registration, she has to stay in India for 7 years. This is like destroying her career. Any suggestion?

      ReplyDelete
      Replies
      1. GovindAugust 17, 2016 at 1:01 AM

        Hi Kunal,
        Your case is very complicated and I do not see any immediate solution. Have you tried with RTI? If not, please file an RTI application to dental council of India on rtionline.gov.in if you still need any assistance let me know

        Delete
      2. kunalAugust 21, 2016 at 11:00 PM

        Hi Govind,
        Many thanks for the reply. I shall file RTI and check. Will keep you posted.

        Delete
    8. sanjanaAugust 17, 2016 at 11:53 PM

      Hi Govind,

      My name is Sanjana, i am a Nepali but born in India on 31st July 1994, My parents came in India by 1986 and settled here,they are born in India but they have ration card,electricity bill, our house papers, adhaar card, voting card and pancard. I want to apply for passport but at the last stage of my documents to be sent to CID, i am been told that they need my Parents nationality proof and if they are not Indian then i can never get a passport. I have my Birth certificate of India, Adhaar card and pancard, also i am 21+ which makes me an adult so do they really require my parents citizenship proof? wont i get a passport from India? please help.

      ReplyDelete
    9. GovindAugust 18, 2016 at 3:27 AM

      Hi,
      The officer is right. If you have born before 1987, irrespective of your parent's nationality , you would have been an Indian citizen. This is problem with people of Nepali origin. I know many people who have migrated to India from Nepal, got ration card, voter ID card and Aadhar card which is illegal. Possessing these documents do not mean that they are Indian citizen.
      Solution
      1. Get a citizenship of your parents through collector (and surely you need to hide some facts) and that will solve the problem

      Following are alternate solutions
      1. Ask your parents to apply for citizenship by registration (steps mentioned above) or
      2. You apply for nationality by registration
      If your parents acquire citizenship, everything sorted and by default you will be an Indian citizen.
      If they don't want and you get citizenship, everytime you need to carry citizenship certificate for passport application and all requirEd place

      ReplyDelete
    10. Sushma GuttaAugust 23, 2016 at 7:39 PM

      Sir
      I have a Tibetan friend. She was born in Tibet, but came to India in 2003 and has been living in India since then. She went to college here and been working in a private company since 2010. She is given a registration certificate every year by the exile Tibetan government. So legally she is a foreigner living in India. She now wants to acquire Indian citizenship. Can she get it through registration or naturalisation? And also kindly let me know if she can acquire it if she legally marries an Indian citizen.
      Kindly let me know sir.

      ReplyDelete
      Replies
      1. GovindAugust 26, 2016 at 1:48 AM

        She has to apply by citizenship by naturalisation. She is eligible as she has already stayed in India for twelve years. Whether she marry or does not marry an Indian, she can acquire citizenship. there is nothing called legal or illegal marriage. If she consent for marriage, it is a legal marriage.

        Delete
      2. umesh2063November 21, 2017 at 11:49 PM

        Dear Mr Govind,
        My parents are born in Nepal. My father was in Indian Army. They have been staying here for more than 35 years. I and my brothers are born in India.
        My brother is born on 1996 and since then he has been living in India. Its been almost 22 years. i have gone through your suggestions and rules of the govt of India. There is an option to get the Indian Citizenship through Naturalisation. can he get his Indian Citizenship as he is living in India since his birth?
        If yes, kindly suggest the procedure.

        Delete
    11. UnknownSeptember 1, 2016 at 1:42 AM

      Dear Govind Sir,

      My wife is a pakistani citizen. We have been married for 23 years and ever since our marriage she has been residing in India on LTV. We are planning to go in for Indian Citizenship as she fulfils all the conditions for application for Indian Citizenship. However can you please help me with the time frame by which she can be granted Indian Citizenship, if her application is accepted and while the application is under process, will she be able to travel international to meet her ailing mother if need arises?
      Many Thanks...

      ReplyDelete
      Replies
      1. UnknownSeptember 1, 2016 at 1:46 AM

        Just to add more information, I am an Indian Citizen, born and bought up in India. Thanks.

        Delete
      2. GovindSeptember 1, 2016 at 1:53 AM

        Hi Raj,
        your wife can apply for citizenship by naturalisation. There is no specified time frame but she can get citizenship between 6 months to 2 years.
        She is free to travel anywhere during the process. There is no restriction
        Cheers and apply.

        Delete
    12. UnknownNovember 3, 2016 at 9:22 AM

      Dear Govind Sir,
      Thanks for your valuable information about OCI card and Indian Citizenship.
      My Uncle is U.S citizenship holder and holding OCI card for last 6 years. He has been residing in India for last 5 years on the basis of Lifelong U visa and OCI card. What is meant by lifelong visa? Does it mean he is permitted to stay in India even if his U.S. passport expires as he doesn't want to go back again or he will have to renew his U.S. passport even if he doesn't want to travel back?

      ReplyDelete
      Replies
      1. GovindJanuary 31, 2017 at 7:23 AM

        No, he has to renew his US passport. Lifelong Visa is permission for stay in US. He is still not an Indian citizen. To renew passport, he does not need to go US, he can visit a local US embassy ad do that.
        For remaining the Visa (lifelong US Visa) valid, there must be condition like visiting US in a specific interval, please check that. I did not find any such US visa (may be he is a PR holder.

        Delete
    13. AnonymousJanuary 31, 2017 at 7:01 AM

      Hi Govind ji,
      My wife was born in
      nepal and moved to India as an orphan at the age of 10 in each of work and survival She has not Nepali documents. We've been married for 20 years now and she has all the india ID cards including a PAN & DL. While applying a passport for her I mentioned her birthplace as nepal and they're asking for an Indian citizenship certificate. How do I go about this ? Please guide.

      ReplyDelete
      Replies
      1. GovindJanuary 31, 2017 at 7:20 AM

        Hi
        It is difficult and complicated now since you do not have any document to prove that she born in Nepal.
        If she has born and studied upto some extent, you may contact her last school and get the leaving certificate
        Then apply for the citizenship as mentioned above
        That sorts out

        Else, go back and tell the officer that you have wrongly mentioned Nepal and she is born in India (now giving birth certificate is not mandatory)

        Delete
    14. UnknownMarch 11, 2017 at 10:14 AM

      Dear Sir,

      I am an Indian citizen,if I get marry with Sri Lankan girl who was born in India on 1990 and being in India for the last 26 years. Will I get a Indian citizenship for her and their parents too.. ? (By the way of getting marry her)


      Thank you Sir
      Baskar

      ReplyDelete
      Replies
      1. GovindMarch 14, 2017 at 1:34 AM

        Even without marrying you, she can get Indian Citizenship by way o naturalisation as she has already spent 15 years in India. Yes, her parents can also. Please apply online

        Delete
    15. AnonyMarch 31, 2017 at 1:48 AM

      Dear Govind,
      I found your article to be very informative and helpful.
      I need some more information, but before that some basic information from my side.
      My dad and mom are from Nepal, they came to India in 1980 ,my father is working in PSU.
      I was born in India on 1988 , I have Voter card, PAN Card, Passport and aadhar card and I am married to girl whose citizenship is Indian. My question is me and my dad have purchased property in India and I am working in India right now. So the property which we have purchased is it illegal ? And what can we do to be legally correct ? I dont have any citizenship or passport linkages from Nepal.
      Please Give your valuable suggestion

      ReplyDelete
      Replies
      1. GovindMarch 31, 2017 at 8:57 AM

        Hi
        Your property is legal. Only condition under FEMA is a citizen of Nepal, Bhutan, afghanistan, Bangladesh and Pakistan need to take a prior approval from RBI and if you have not taken prior approval, you have to take de facto approval with heavy penalty.

        You born in India prior to 1988 and as per the Citizenship Act, any person born in India before 1989 irrespective of their parent's nationality, they are Indian (unless you have accepted Nepali citizenship as many Nepalese do, they retain both nation's citizenship illegally).

        As you have already confirmed, no linkage with Nepal, the fact that your parents are not illegal migrants as as per the India Nepal friendship treaty, people from both nation can move freely and have all rights except right to vote and holding constitutional position where only Indian citizens are allowed and the fact is FEMA Act is in force from 1998 onwards, your property is legal.

        Delete
      2. AnonymousMarch 31, 2017 at 10:07 AM

        Thanks for your reply.
        I born on 23rd April 1988, but as per citizenship Act, citizenship by birth applies only if you are born before 1987 july.
        Secondly, as I mentioned above I have all legal documents of India and none from NEPAL. So If I want to apply through citizen by naturalization, I dont have any identity to prove I am Nepalese.
        I am really confused. How should I proceed.
        And regarding my property I have not taken any de facto approval. How to proceed with it.

        Delete
      3. GovindMarch 31, 2017 at 10:23 AM

        You do not need to take de facto approval. As it is applicable only for property purchased after 1998 by other than Indian citizen. You haven't purchased property at all.
        If you want to remain silent about your citizenship (definitely you are an Indian as you have not taken citizenship of Nepal) then it is absolutely fine.

        However, if you want to go legal way, apply for naturalisation. Your school leaving certificate will be more than sufficient. You will also have your parent's residential proof, thats absolutely fine.

        Delete
    16. jemsMay 1, 2017 at 12:05 PM

      I have question about my mothers citizenship. She was born in Nepal with Parents having Indian citizenship by birth in 1966 but her parents never reported her birth in Nepal. After she was 1 year old, they all moved to Gujarat, India again (original home town of her parents). From 1967, She is living in Gujarat and also married to Indian man from last 29 year. In her school leaving certificate, her birth place mention as Nepal and she got all Indian documents like Voter ID card, Aadhar Card, Ration card but she does not have any Nepali documents.

      So as Per Indian citizenship act, she can be Indian citizen by Descent if her birth was reported in Indian consulate within year. Her father is passed away and she do not know if her birth was reported while coming back to India or not. Her mother is still alive but she do not have any idea about this. Even after coming to India, they never reported her birth in their home town.

      So my question is is their any way she can claim her Indian citizenship by descent ? if yes how can she claim ?

      or she has to apply for Indian citizenship? how can she apply without any Nepali documents?


      Thank you very much for considering this question and I will wait for your reply.

      ReplyDelete
      Replies
      1. GovindMay 1, 2017 at 11:32 PM

        Even if her parents have not informed, she is an Indian citizen. It does not matter where she was born. Yes, if she would have accepted Nepali Citizenship, she would have lost her Indian citizenship. She does not need to claim. Her documents and record of parents are enough to prove her citizenship. Simply go to District Collectorate office and apply for certificate of domicile and citizenship. No, she does not need to apply for citizenship. Application of citizenship is applicable only in case of naturalisation and registration. You may apply for domicile online at https://www.digitalgujarat.gov.in/Citizen/ServiceDescription.aspx (in Maharashtra it is a single certificate of age, nationality and domicile) and even if you apply for passport, that becomes your citizenship certificate

        Delete
    17. senoritaJune 12, 2017 at 1:30 AM

      hello sir.. i am facing problem in acquiring indian passport. i was born in bhutan govt. hospital in 1990 but my parents are indian and they have all the documents such as aadhar card voter card etc. even i have all the documents such as aadhar and pan card of india.moreover we have been living in india from past 15 years but i am unable to apply for indian passport since my birth is in bhutan.please help.

      ReplyDelete
      Replies
      1. GovindJune 12, 2017 at 3:05 AM

        Hi
        You are an Indian Citizen by default. You do not need to apply for getting citizenship. Your parent's citizenship documents are enough. While applying for passport, give your parent's document and if they have registered at Indian embassy please provide that document, if you still need help, please feel free to contact me

        Delete
    18. UnknownJune 20, 2017 at 12:20 AM

      Dear Sir,
      i am living in Ghaziabad born in india in north delhi (samyapur Badli) having all india document like PAN Card, Voter ID card, license, Aadhar card and even india Passport. i assume i am an indian citizen .but my parents are belong to nepal my father have shifted in india before somewhere around 27 years ago but he and my mother got their voter ID card in 2003 from Ghaziabad district and we also have our own resident here. i have did my all schooling from Ghaziabad and graduation from Delhi University. . now i want to apply fot IAS Or IFS through UPSC Exam. if i apply for india citizen ship what procedure should i need to follow and their will be any problem my parents need to face due to my this decision. please guide me because its a matter of my future decision.

      ReplyDelete
      Replies
      1. GovindJune 20, 2017 at 12:39 AM

        Hi Kamal,
        I assume you born in 1990s or later in that case you are not an Indian citizen. PAN card, Voter ID card is not an indication of Indian citizenship.
        If you want to apply for civil services of UPSC, you are eligible even if you are a Nepali subject. You are eligible for all postings except IAS, IPS and IFS and for that you do need to get any certificate including eligibility certificate. Now eligibility certificate is done automatically.
        However, if you are keen on getting Indian citizenship and also for IAS, IPS and IFS, please apply online as per process mentioned in this blog.

        Delete
    19. SDAugust 19, 2017 at 2:31 AM

      if you have acquired indian citizenship by naturalization [a foreigner], do you children [over 18 years old] qualify for OCI?

      ReplyDelete