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pratham@vsnl.com (pratham@vsnl.com)     07 September 2013

Indian citizenship for goan born in porugal

Mr. A a Goan of Portuguese origin was born in India when Goa was a Portuguese colony 
Mr. A was born in Goa and was thus holding an Indian passport in 1971 
 
Mr and Mrs A both residents of Goa gave birth to Mr. X during their visit to Portugal in 1971
However Mr. X s birth was not intimated to the Indian consulate in Portugal 
Mr. A returned back to India with his family and X 
Mr. X now holds an Indian passport 
The question is if Mr. X will be considered an Indian citizen or a person of Indian Origin 


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 2 Replies

Tajobsindia (Senior Partner )     07 September 2013

1. Mr. X is now Indian citizen for all practical purposes.

2. Mr. X cannot apply for PIO status based on below reasoning r/w bar of Goa, Daman and Diu (Citizenship) Order, 1962, thus cannot be considered for PIO status.

Reasoning:
Goa was included in Indian Republic by 1961 Indian annexation. Mr. A was holding till 1971 Indian passport. Same year (1971) Mr. X was born in Portugal but no information to Indian Consulate in Portugal was given and after family's return to Goa Mr. X agreed for Indian passport i.e. he agreed for Indian nationality. Portuguese nationality laws allow those who were Portuguese citizens connected with Goa before 1961 to retain Portuguese nationality. Acquisition of Indian citizenship was determined to be non-voluntary at the time. One practical obstacle is that the civil records of Goa were abandoned by Portugal during the invasion and hence it can be difficult for descendants of pre-1961 Portuguese citizens (such as Mr. / Mrs. A) from Goa to prove their status.

NRI Legal Consulting (Consultant)     09 September 2013

1. Mr. X is now Indian citizen for all practical purposes. 2. Mr. X cannot apply for PIO status based on below reasoning r/w bar of Goa, Daman and Diu (Citizenship) Order, 1962, thus cannot be considered for PIO status. for more contact us query@nrilegalconsulting.com

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