How To Get Citizenship Of India

Acquiring Indian citizenship is a significant milestone for individuals looking to make India their permanent home. Governed by the Citizenship Act, 1955, Indian citizenship can be obtained through various legal pathways, each tailored to specific circumstances. Whether you’re born in India, have Indian ancestry, or are a foreign national looking to settle in the country, understanding the rules and processes is essential.

In this blog, we explore how to get citizenship of India through five main modes: by birth, descent, registration, naturalization, and incorporation of territory. We'll also delve into special cases like Overseas Citizenship of India (OCI), the recent Citizenship Amendment Act, 2019, and the online application process. This comprehensive guide will help you navigate the legal requirements and documentation to achieve your goal of becoming an Indian citizen.

Types Of Citizenship In India

The Citizenship Act, 1955, specifically Sections 3 to 7, outlines the five modes of acquiring Indian citizenship:

• By Birth (Section 3)
• By Descent (Section 4)
• By Registration (Section 5)
• By Naturalization (Section 6)
• By Incorporation of Territory (Section 7)

Below you will find specific conditions and requirements for each method described below

Citizenship By Birth

The Eligibility Criteria for Citizenship By Birth are:

• Indian citizens by birth include those born in India on or after January 26, 1950, but before July 1, 1987.
• Indian citizens are persons born in India on or after July 1, 1987, but before December 3, 2004, and who are citizens of India at the time of their birth, or either of their parents.
• Persons born on or after December 3, 2004 are citizens by birth if both their parents are citizens, or one of them is a citizen and the other is not an illegal immigrant.

Citizenship By Descent

The Eligibility Criteria for Citizenship By Descent are:

• For a person born outside India on or after January 26, 1950, and before December 10, 1992, if their father was an Indian citizen at the time of their birth, then such person is a citizen of India on account of descent.
• If birth occurs after December 10th, 1992, at least one parent must be an Indian citizen.
• All persons born outside India after December 3, 2004, must have their birth registered within a year at the nearest Indian consulate.

Application Process for Citizenship By Descent is:

• You can submit a birth registration application online to the Indian Citizenship Online Portal.
• Provide relevant documents like the birth certificates and proof of Indian citizenship of the parent(s).

Citizenship By Registration

The Eligibility Criteria for Citizenship By Registration are:

• Indian-origin persons who have resided in India for seven years or more preceding the application.
• Individuals who are married to an Indian Citizen and have resided in India for at least 7 years.
• Children of minor Indian citizens.
• Persons of full age and capacity whose parents are registered as Indian citizens.

Application Process

• Go to the Indian Citizenship Online Portal.
• Fill out the application form and upload the required documents like proof of residence, marriage certificates, and affidavits.
• Fill out the application and pay the prescribed fee.

Citizenship By Naturalization

The Eligibility Criteria for Citizenship By Naturalization is granted to foreign nationals:

• Resident in India for 12 years, including 11 years of continuous residence immediately preceding the application.
• They are of good character and plan to stay in India.

Application Process

• You can fill up Form X as filled up via the Indian Citizenship Online Portal.
• You attach supporting documents like residence proof, passport, and character certificates.
• Then apply the application to the District Collector's office.

Special Provision

The government may also waive some conditions for those who make exceptional contributions to science and philosophy and human welfare.

Citizenship By Incorporation Of Territory

This applies to persons residing in the territory that is integrated into India. Residents of Sikkim became Indian citizens when it was incorporated in 1975.

Citizenship Application Documents

• Birth Certificate
• Passport-size photographs
• Proof of Indian origin (Registration)
• Electricity bill, rent agreement, etc.
• Marriage Certificate (if applicable)
• Naturalization includes passports or travel documents.
• Character certificates and affidavits

Applying For Citizenship Online

For easy application of citizenship, the Ministry of Home Affairs has an online platform for that. Follow these steps:

• Visit the Website: Visit indiancitizenshiponline.nic.in.
• Register: Enter your email and mobile number to create an account.
• Fill out the Form: Based on your citizenship mode, select the form you are eligible for.
• Upload Documents: All necessary documents are to be attached in the corresponding format.
• Pay Fees: Pay online in full.
• Submit Application: Go through the application and send it in.
• Track Status: Check the portal to check your application status.

Special Cases While Getting Citizenship In India

There are also some special cases regarding getting citizenship.

Citizenship By Incorporation Of Territory

The Indian government stipulates who becomes citizens of India by reason of its connection with any new territory that becomes a part of India.

Overseas Citizen Of India (OCI) Cardholders

Persons of Indian Origin and their foreign-origin spouses are granted the special status of an OCI (Other Country of Indian Origin) card. It is not citizenship but still offers many benefits, such as visa-free travel to India, is exempt from registering with local police authorities, and offers hospitality of a sort between NRIs and NRIs.

Person Of Indian Origin

A person of Indian origin can get Indian citizenship through registration under the Citizenship Act 1955. According to this act,the person of Indian origin should first prove his Indian ancestry through his parents or grandparents and fulfill certain conditions set by the Ministry of Home Affairs.

If he fulfills all the conditions, then he must first apply for the Overseas Citizenship of India card (OCI), and after that, he can get Indian citizenship by registering.

Stateless Person

These are people who do not have citizenship of any country. For example, suppose a person is born in a country, but the law of that country does not give him citizenship, and his parents are also not citizens of any other country, then that person will be called 'stateless'. It is very difficult for such people to get citizenship in India, because according to the law, you must have citizenship of a country.

Citizenship Amendment Act, 2019

The new Citizenship Amendment Act, 2019, has modified the Citizenship Act of 1955 to empower immigrants to become citizens of India, should they be religious minorities (other than the Muslims) and if they had fled from Bangladesh, Pakistan, and Afghanistan and had come into India on or before December 31, 2014.

Key provisions of the CAA:

• It applies to Pakistan, Bangladesh, and Afghanistan Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.
• It cuts the naturalization residency requirement in half for these people, from 11 years to 5.
• This doesn’t apply to other foreigners or refugees from other countries.

Conclusion

Acquiring Indian citizenship is a structured process governed by the Citizenship Act, 1955, offering multiple pathways like birth, descent, registration, naturalization, and incorporation of territory. Each mode has its unique eligibility criteria and procedural requirements, ensuring a fair and transparent process.

Special provisions, such as the Citizenship Amendment Act, 2019, and the Overseas Citizenship of India (OCI) framework, provide tailored options for specific groups. By understanding how to get citizenship of India, individuals can navigate the application process confidently, ensuring compliance with legal guidelines.

Whether you’re exploring Indian ancestry, seeking naturalization, or leveraging your OCI status, Indian citizenship offers numerous opportunities to embrace the country's diverse heritage and vibrant culture. For a smooth application process, ensure all documents are in order and utilize the government’s online platform for convenience and efficiency.

FAQs On How To Get Citizenship Of India

A few FAQs on how to get citizenship of India are:

Q1. Can I apply for citizenship if I have an OCI card?

OCI (Overseas Citizen of India) is a long-term visa, not citizenship. OCI cardholders can apply for Indian citizenship after meeting specific conditions, including a residency requirement, as per the Citizenship Act, 1955.

Q2. Is dual citizenship allowed in India?

No, India does not recognize dual citizenship. If an Indian citizen acquires the citizenship of another country, they automatically lose their Indian citizenship, except for OCI card holders.

Q3. What is the minimum residency period for naturalization?

Generally, a person must have resided in India for 12 months immediately preceding the application and for 11 out of the previous 14 years to be eligible for naturalization, subject to certain conditions.

Q4. How does the CAA impact citizenship eligibility?

The Citizenship Amendment Act (CAA) offers a path to citizenship for persecuted religious minorities (excluding Muslims) from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014, fulfilling certain criteria.

Q5. What happens if my application is rejected?

If your citizenship application is rejected, you can usually file an appeal with the appropriate authority within a specified timeframe. The rejection order will typically state the reasons for the refusal.

Q6. Is there an age limit for applying for Indian citizenship?

There isn't a strict upper age limit. However, applicants must be of sound mind and capable of understanding the implications of acquiring Indian citizenship. For minors, application can be made by their parents or legal guardians.