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How can I get permanent residency in India?

Citizenship of India can be acquired by birth, descent, registration and naturalisation.Indian citizenship by registration can be obtained when the applicant is of Indian origin, or to be married to, or have parents who are, citizens of India.For information from the Ministry of Home Affairs on requirements for citizenship by registration: Click here (PDF in English)A foreigner can acquire citizenship of India by naturalisation. Applicants must have:Lived in India for 11 of the last 14 years prior to application.Lived continuously in India for a period of 12 months immediately prior to date of application.For details from the Ministry of Home Affairs of the application procedure: Click here (PDF in English)Permanent ResidencyThere are two options for permanent residency.OCI (Overseas Citizen of India) CardPIO (Persons of Indian Origin)OCI (Overseas Citizen of India) CardThe OCI affords many of the rights of an Indian citizen. As India does not permit dual citizenship, this card is for those who may have given up their Indian citizenship but want to retain links to the country.It essentially provides a lifelong visa allowing multiple entry to India for any purpose. Those in possession of an OCI card are exempt from registering their stay in India. An OCI card holder can apply for Indian citizenship provided they have been registered as OCI for at least five years, and have lived in India for one of the five years prior to application.This card is specifically for citizens of another country (excluding Pakistan and Bangladesh) who were either eligible to become a citizen of India on 26 January 1950 or have been a citizen on, or at any time after, 26 January 1950. Those who belonged to a territory that became part of India after 15 August 1947 also qualify. The children and grandchildren of those mentioned are also eligible. An applicant for OCI must be a citizen of a country that permits dual citizenship.Full information about the OCI card is available on the Indian Government Ministry of Home Affairs web page. An application can be made online: Click herePIO (Persons of Indian Origin)This is for all those of Indian origin who are holders of a passport of another country. Exclusions to this are Pakistan, Bangladesh, Afghanistan, Nepal, Bhutan, China and Sri Lanka.The PIO card is valid for 15 years and allows holders to enter India without a visa including for studies and employment. Registration at the Foreign Registration Office (FRO) is not required for single periods of stay under 180 days.Eligibility for a PIO card is for those who have at any time held an Indian passport or who have parents, grandparents, or great grandparents who were born, or have been a permanent resident, in India. Eligibility also extends to those who are married to a person of Indian origin as outlined above or married to a citizen of India.Details of how to apply for a PIO can be found on the Indian Embassy website of the applicant’s country of residence.Source : AngloInfo

Why is Imran Khan opposing the Indian Citizenship (Amendment) Bill?

Without getting into rhetoric, if I analyse and assess the situation from PM Imran Khan’s point of view, what other options does he have? Let us look at the salient points of the India Citizenship Amendment Bill (CAB):The bill identifies three countries in particular: Pakistan, Afghanistan and Bangladesh.The CAB proposes to grant fast track citizenship to all non-Muslim refugees who originate from Pakistan, Afghanistan and Bangladesh, who have fled the country due to religious persecution.Nepal and Bhutan are not really a concern because their citizens have visa free access to India.The CAB does not talk in detail about Sri Lanka either where there have been non-Sinhalese refugees from the erstwhile Tamil Eelaam movement.What does the bill imply underneath and in between the lines? Non muslims such as Hindus, Sikhs, Jains, Buddhists, Christians and such have been persecuted and subject to atrocities in these three countries. It subtly identifies Pakistan as one that does not protect the rights of the minorities. Bangladesh too is identified but it is not much concerned or chooses to see it as Indian internal affair. Afghanistan is least affected of all. So what choice does PM Imran Khan have but to denounce the bill? It shows Pakistan in poor light. That is his problem. It is also a Hindu-Muslim issue for him. He thinks that this law is anti-Muslim.After the abrogation of Article 370, and now this, Pakistan is bound to oppose.There is a small point here specifically to exclusion of Muslim refugees.What about Ahmediya Muslims who are also persecuted in Pakistan and considered non-Muslims?What about Rohingya Muslims from Mynamar?What about Shia Muslims from the three countries (majority Sunni countries)?What about other Muslims from the three countries?As mentioned in my CAB bullet points, what about refugees from Sri Lanka?The following articles of the Indian constitution deal with the citizenship rules.Article 5: Citizenship During the Commencement of the ConstitutionArticle 6: Rights of Citizenship of Certain Persons who have Migrated to India Territory from Territory of Pakistan (includes East Pakistan, now Bangladesh)Article 7: Rights of Citizenship of Certain Migrants to Pakistan (Indian citizens who migrated to Pakistan but returned to India)Article 8: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside IndiaArticle 9: Persons Voluntarily Acquiring Citizenship of a Foreign State Not to be CitizensArticle 10: Continuance of the Rights of CitizenshipArticle 11: Parliament to Regulate the Right of Citizenship by LawThe CAB is deals under Articles 11.Yes, it is true that CAB does not include any of the five category people that I mentioned earlier. But that does not mean that such people (Muslims) are completely excluded. People (Muslims) who migrated to India after 19 July 1948 can apply for citizenship too under Article 6 and 7:Article 6:Regardless of anything in article 5, a person who has migrated to the territory of India from the territory currently enclosed in Pakistan shall be deemed to be an Indian citizen at the commencement of this Constitution if:If a person migrated from Pakistan to India before 19 July 1948 shall be considered as an Indian citizen if either of the person’s parents or any of his grandparents were born in India as expressed in the Government of India act, 1935 and has been living or residing since the date of migration.For people who migrated after 19 July 1948, they 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 in the territory of India for a minimum of six months, preceding the date of his application.Article 7 in principle revokes the Indian citizenship of persons who migrated to Pakistan on or after 1 March 1947. But many chose to return back to India:Given that nothing in this article shall apply to a person who after having migrated to the territory now included in Pakistan has returned to the Indian territory under a permit for resettlement or returning permanently issued by the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the 19th day of July 1948.There is too much noise on the CAB by the opposition. The liberal press (read Lutyens) too is making an issue out of nothing.

What is Article 11 in the Indian Constitution, and how does it save my citizenship?

Part II of the Constitution of India (Articles 5-11) deals with the Citizenship of India.Article 5 speaks about the citizenship of India at the commencement of the Constitution (Nov 26, 1949). Article 11 gave powers to the Parliament of India to regulate the right of citizenship by law. This provision resulted in the enactment of Citizenship Act 1955 by the Indian Parliament.ARTICLE 5: CITIZENSHIP AT THE COMMENCEMENT OF THE CONSTITUTIONAt the commencement of this Constitution, every person who has his domicile in the territory of India and –(a) who was born in the territory of India; or(b) either of whose parents was born in the territory of India; or(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.ARTICLE 6: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS WHO HAVE MIGRATED TO INDIA FROM PAKISTANNotwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if –(a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and(b)(i) in the case where such person has so migrated before the nineteenth day of July 1948, he has been ordinarily resident in the territory of India since the date of his migration, or(ii) in the case where such person has so migrated on or after the nineteenth day of July 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefor to such officer before the commencement of this Constitution in the form and manner prescribed by that Government:Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.ARTICLE 7: RIGHTS OF CITIZENSHIP OF CERTAIN MIGRANTS TO PAKISTANNotwithstanding anything in articles 5 and 6, a person who has after the first day of March 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India:Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of Article 6 be deemed to have migrated to the territory of India after the nineteenth day of July 1948.ARTICLE 8: RIGHTS OF CITIZENSHIP OF CERTAIN PERSONS OF INDIAN ORIGIN RESIDING OUTSIDE INDIANotwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.ARTICLE 9: PERSONS VOLUNTARILY ACQUIRING CITIZENSHIP OF A FOREIGN STATE NOT TO BE CITIZENSNo 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.ARTICLE 10: CONTINUANCE OF THE RIGHTS OF CITIZENSHIPEvery person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.ARTICLE 11: PARLIAMENT TO REGULATE THE RIGHT OF CITIZENSHIP BY LAWNothing 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.Info-bits related to Citizenship of IndiaThe conferment of a person, as a citizen of India, is governed by Articles 5 to 11 (Part II) of the Indian Constitution.Apart from the above Articles of the Indian Constitution, citizenship is also deeply connected with the Citizenship Act, which is passed by the Indian Parliament in 1955.Citizenship Act 1955 speaks about the citizenship of India after the commencement of the Constitution. It is an act to provide for the acquisition and termination of Indian citizenship.The legislation related to this matter is the Citizenship Act 1955, which has been amended by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act 2003, the Citizenship (Amendment) Act, 2005, and the Citizenship (Amendment Act, 2019).Acquisition of Indian Citizenship as per Citizenship Act 1955: Indian Citizenship can be acquired under the following ways : (1) Citizenship at the commencement of the constitution of India (2) Citizenship by birth: NB – This provision has different clauses for different periods (3) Citizenship by descent (4) Citizenship by registration (5) Citizenship by naturalization.Termination of Indian Citizenship as per Citizenship Act 1955: One can lose citizenship of India in three ways – Renunciation, Termination, and DeprivationPersons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of the operation of the relevant provisions of the Indian Constitution coming into force. (Citizenship at the commencement of the constitution of India.)Any 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. [Citizenship 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. [Citizenship by 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. [Citizenship by birth].Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory).Article 9 of the Indian Constitution says that a person who voluntarily acquires citizenship of any other country is no longer an Indian citizen. Also, according to The Passports Act, a person has to surrender his Indian passport if he acquires citizenship of another country, it is a punishable offense under the act if he fails to surrender the passport.Persons of Indian Origin (PIO) Card: A PIO card applicant has to be a person of Indian origin who is a citizen of any country, other than Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, China, and Nepal; or a person who has held an Indian passport at any time or is the spouse of an Indian citizen or a person of Indian origin;Overseas Citizen of India (OCI) card: OCI Card is for foreign nationals who were eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or after that date. Applications from citizens of Bangladesh and Pakistan are not allowed.Overseas Indian Card: A new Bill is pending in Parliament [The Citizenship (Amendment) Bill], which seeks to do away with the existing overseas citizen of India (OCI) card and the person of Indian origin (PIO) card, and replace them with a new overseas Indian card.While PIO cardholders do not require a separate visa and can enter India with multiple entry facility for 15 years; the OCI card is multiple entries, multi-purpose lifelong visa for visiting India. OCI card-holders have Parity with non-resident Indians in respect of economic, financial and educational matters except in acquiring agricultural land.A PIO cardholder is required to register with local Police authorities for any stay exceeding 180 days in India on any single visit.OCI is not dual citizenship. There are no voting rights for an OCI cardholder.The President of India is termed the first Citizen of India.

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