Citizenship

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
Next month my friend is marrying a girl (Singapore Citizen) who is a PIO(person of Indian Origin).

She is going to settle in India after marriage.

What is the procedure to get citizenship in India?
When it can be registered?
What is the Shortest term for the same?

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A V Vishal (Expert) 18 April 2011
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;

persons of India origin who are ordinarily residents in any country or place outside undivided India;
persons who are or have been married to a citizen of India and who are ordinarily resident in India for five years;
minor children both whose parents are Indian citizens;
a citizen of Singapore and Canada who is resident in India for five years and eight years respectively.

By Naturalisation (section 6)

Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for twelve years (continuously for the twelve months preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months).

Determination of National status [section 9 (2)]

The question about determination of national status of a person is decided by the Ministry of Home Affairs in such a manner and having regard to such evidence, as may be prescribed in this behalf.

Procedure

An application for grant of citizenship is to be submitted to the Collector/ District Magistrate of the area where the applicant is resident. The Forms and the procedure are prescribed in the Citizenship Rules, 1956.

Forms
The following forms are to be used for making an application for grant of citizenship –

Form I - application under Section 4(1)

Form IA- application under section 5(1)(a).

Form 1B – acknowledgement under Section 5(1) (a), (c), (d) and (e)

Form II - application under section 5(1(c).

Form III - application under section 5(1)(d).

Form IIIA – application under Section 5(1)(e)

Form IIIB – application under Section 5(1)(f)

Form IIIC – application under Section 5(1)(g)

Form IV - application under section 5(4).

Form XII - application under section 6(1).

Form XV A – Certificate of Resumption of Indian Citizenship

Form XIX – Application under Section 7A(1) (a)

Form XIX A – Application under Section 7A (1)(b)

Form XIX B - Application under Section 7A (1) (c)

Form XX – Certification of Registration

Form XXII – Declaration under Section 7C (1)

Fee

The Fee to be levied and collected in respect of the citizenship matters is specified in Schedule IV to the Citizenship (Third Amendment) Rules, 2004.