As per the above facts, the Afghan man may apply for Indian Citizenship by marriage. But he can do so only after residing in India for seven years in a matrimonial relationship to an Indian citizen.
The Citizenship Act, 1955 says:
"Citizenship by registration:
The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955, any person:
- a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration"
However, since it has been more than 2 years after the marriage, the Afghan man can apply for Overseas Citizenship of India (OCI). An OCI cardholder will have the following benefits:
- Multiple entries, with multi-purpose life-long Visa being offered to visit India.
- Exception from having to report to Police authorities for any length of stay in India.
- Equality with NRI's in all spheres of financial, economic and educational fields barring the purchase of agricultural or plantation properties.
After the seven years period, I believe the easiest and most common method of application of Indian citizenship for foreigners is through online application on the website for Foreign Division, Ministry of Home Affairs, Government of India. On the website, by clicking “apply online”, you will be directed to the various available forms. There are several ways by which one can acquire Indian citizenship and you should fill out the one that most suits you. Below is a list of all of them, along with the correct associated form.
- If you are an Indian descent - Form-I
- Indian citizenship by marriage - Form-II
- Child of Indian parents - Form-III
- Citizen by naturalization - Form XII
In the present case, Form-II i.e. Indian citizenship by marriage is suitable.
If you prefer not to apply online, you can apply in person by first downloading the form and filling it out. Then you will have to submit your application to the Collector/District Magistrate personally.
India does not recognize dual citizenship. Once you get the approval, you will be required to forego your previous citizenship and furnish proof of the same to the Indian government.
Hope this answers your query.