Grandparented Application For Registration Part Ii: Fill & Download for Free

If you meet the following conditions then yesA foreign national, - (i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or (ii) who was eligible to become a citizen of India on 26th January, 1950; or (iii) who belonged to a territory that became part of India after 15th August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (v) who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder.Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder.However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.https://passport.gov.in/oci/

Government of India has clarified atOCI"A foreign national, - (i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or (ii) who was eligible to become a citizen of India on 26th January, 1950; or (iii) who belonged to a territory that became part of India after 15th August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (v) who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder. Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder. However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.Best wishesRAJESH H DHRUVA

Dual citizenship in India is deliberately kept a grey area. Undefined area.Citizenship provides rights such as right to vote, and are also subjected to duties or obligation, such as paying taxes.Citizenship is covered in Part II of the constitution, within Articles 5-11. It took an enormous amounts of drafts and took two years to be finalized.CitizenshipArticle 5-8 conferred citizenship on each person who met the criteria below at the commencement of the Constitution:o Domiciled in India and born in Indiao domiciled not born in India but either of whose parents was born in Indiao domiciled, not born in India but ordinarily resident for more than five yearso resident in India but migrated to Pakistan after 1 March 1947 and later returned to India on resettlement permito resident in Pakistan but who migrated to India after 19 July 1948 or who came after that date but had resided for more than six months and got registered in prescribed mannero resident outside India but who or either of whose parents or grandparents were born in IndiaThus, Citizenship at the commencement of the constitution included provisions for Citizenship-by domicile, of migrants from Pakistan and of Indians residing in foreign countries.o DOMICILEDomicile of a person is his permanent home. No person can be without a domicile and no person may have more than one operative domicile. National boundaries do not constitute a hindrance in ones’ choice of domicile. This implies that a person may be national of one country, but his/her domicile may be another country. Domicile denotes the connection of a person with a territorial system of law.In fact, citizenship is denoted by domicile and not vice-versa. The latter is distinguishable from citizenship inasmuch as it is vitally connected with territory and not membership of the community which is at the root of the notion of citizenship.There is only one citizenship, which is of the Union of India, there is no separate state Citizenship as in the United States of America.o MIGRANTS FROM PAKISTANArticle 6 provides citizenship rights to migrants from Pakistan before commencement of constitution. A person who migrated from Pakistan to India before 19 July 1948 shall be considered a citizen of India, provided either of the person's parents or any of his grandparents were born in India as stated in the Government of India act, 1935 and has been residing since the date of migration. For person/s migrated after 19 July 1948, the person should be registered as a citizen of India by an officer from the Government of India, but for registration the subjected person has to be a resident of India for at least six months, at the date of his application.o MIGRANTS TO PAKISTANArticle 7 makes special provisions regarding the citizenship rights of persons who migrated to Pakistan after March 1 1947 but returned to India subsequently. Such person/s become entitled to Citizenship of India, provided they fulfill the conditions stated for Migrants from Pakistan stated in Article 6. IS is necessary that in such cases too the visits of the migrants must not be for short/limited periods or be of a temporary nature or on purposes of business or otherwise. It has to be noted that such cases are subjected to this article, as they were before the commencement of the constitution, cases pertaining to the period thereafter are to be governed by the Citizenship Act, 1955.o PERSONS OF ORIGIN RESIDING OUTSIDE INDIAArticle 8 provides that any person who or either of whose parents or grandparents was born in India as defined in Government of India Act 1955 and who is ordinarily residing in any country outside India shall be deemed to be a citizen of India if he has registered as an Indian Citizen by the diplomatic or consular representative of India in that country on an application made by him/her in the prescribed form to such diplomatic or consular representative, whether before or after the commencement of the Constitution.o VOLUNTARY ACQUISITION OF CITIZENSHIP OF FOREIGN STATEArticle 9 states no person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.o CONTINUANCE OF THE RIGHTS OF CITIZENSHIPArticle 10 reads, every person who is or is deemed to be a citizen of India under any of the foregoing provisions of article 5-10 shall continue to be a citizen of India, subject to the provisions of any law that may be made by Parliament. In the other words, the right of citizenship cannot be taken away from a person except through express parliamentary legislation.PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAWArticle 11 in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTION OF INDIAPersons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force, and most of these constitutional provisions came into force on 26 January 1950. The Constitution of India also made provision regarding citizenship for migrants from the territories of Pakistan which had been part of India before partition.CITIZENSHIP BY BIRTHAny person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth. In September 2013, Bombay High Court gave a judgement that a birth certificate, passport or even an Aadhaar card alone may not be enough to prove Indian citizenship, unless the parents are Indian citizens.CITIZENSHIP BY DESCENTPersons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.Persons born outside India on or after 10 December 1992 are considered citizens of India if either of their parents is a citizen of India at the time of their birth.From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian diplomatic mission within one year of the date of birth. In certain circumstances it is possible to register after one year with the permission of the Central Government. The application for registration of the birth of a child must be made to an Indian diplomatic mission and must be accompanied by an undertaking in writing from the parents of the child that he or she does not hold the passport of another country.CITIZENSHIP BY REGISTRATIONThe Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if s/he belongs to any of the following categories:o a person of Indian origin who is ordinarily resident in India for seven years before making application under Section 5(1)(a) (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the 12 months).o a person of Indian origin who is ordinarily resident in any country or place outside undivided India;o 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;o minor children of persons who are citizens of India;o a person of full age and capacity whose parents are registered as citizens of India.o a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;o a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.CITIZENSHIP BY NATURALISATIONCitizenship of India by naturalisation can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for 12 years (throughout the period of 12 months immediately preceding the date of application and for 11 years in the aggregate in the 14 years preceding the 12 months) and other qualifications as specified in Third Schedule to the Citizen Act.Indian Citizenship Act 1955The Citizenship Act, 1955 that came into force with effect from 30th December 1955 deals with matters relating to the acquisition, determination and termination of Indian citizenship. It provides for the acquisition of Indian citizenship by birth, by descent, by registration and by naturalization. The act has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.The Original Act provided:o a person born in India after 26 January 1950 would, subject to certain exceptions be a citizen of India by Birtho anyone born outside India after 26 January 1950, subject to certain requirements, would be a citizen of India if his/her father was an Indian citizen at the time of his/her birtho under certain conditions, certain category of persons could acquire Indian citizenship by registration in prescribed mannero foreigners could acquire Indian citizenship on application for naturalization on certain conditionso if any territory became part of India, the Government of India could by order specify the persons who would become citizens of India as a result thereofo citizenship could be lost by termination, renunciation or deprivation on certain groundso a citizen of commonwealth country would have the status of commonwealth citizen of India. Government could make suitable provisions on the basis of reciprocity.___________________________________________DUAL CITIZENSHIPA citizen of commonwealth country would have the status of commonwealth citizen of India. Government could make suitable provisions on the basis of reciprocity.If the Country concerned has a reciprocal arrangement with India, then it can have such facility______________It is generally difficult to have dual citizenship of India and another country, due to the provisions for loss of Indian nationality when an Indian national naturalizes in another country ( "Loss of citizenship"), and the requirement to renounce one's existing citizenships when naturalizing in India ("Naturalization").There are still some ways in which a person may have dual citizenship of India and another country, including:Children of foreign diplomats, who are born in India, are also given dual citizenship during the period of their parents' service in India.A minor child of Indian origins may hold dual citizenship of India and another country. So that the minor can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.A public interest litigation (PIL) seeking dual citizenship for overseas Indians was filed in the Supreme Court on 6 January 2015 on the eve of the inauguration of the Pravasi Bharatiya Divas (PBD) in Gujarats’ capital Gandhinagar by Prime Minister Narendra Modi.On 20 April 2015, the Supreme Court of India dismissed the Public Interest Litigation (PIL). In dismissing the said PIL, the Supreme Court reasoned that Mr. Venkat Narayan cannot plead on somebody else's behalf as he is not the aggrieved party and those who need to assert their right should come forward.