Modes of acquiring Indian citizenshipIndian Citizenship

September 30, 2013 11:00
Modes of acquiring Indian citizenship

By Birth (section 3)

A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents.

A person born in India on or after 1st July 1987 is considered as a citizen of India only if either of his parents is a citizen of India at the time of his birth.

Further, those born in India on or after 7th January 2004 are considered citizens of India only if both of their 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 their birth.

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 at the time of his birth.

A person born outside India on or after 10th December 1992 is considered as a citizen of India if either of his parents is a citizen of India at the time of his birth.

From 07th January 2004, a person born outside India shall not be a citizen of India by virtue of this Section, unless 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.

An 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 or she does not hold the passport of another country.

By Registration (section 5)

Citizenship of India by registration can be acquired by

a.   Persons of Indian origin, who or either of whose parents was born in undivided India and who are ordinarily resident in India for seven years;

b.   Persons of India origin who are ordinarily residents in any country or place outside undivided India;

c.   Persons who are or have been married to a citizen of India and who are ordinarily resident in India for five years;

d.  Minor children both whose parents are Indian citizens;

e. A citizen of Singapore and Canada who is resident in India for five years and eight years respectively.

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