Lawfarm Team
Asked June 17, 2016

procedure to acquire Indian citizenship

  • 1 Answer
  • 192 Views

Hi, relative of mine(INDIAN citizen both), based in bangalore, is currently in US for a project. They have given birth to a child this year in US and are returning next year. The child has received US passport. How will the child gain Indian citizenship?

Answer 1

Since the baby has already received a US passport, s/he is not an Indian citizen and would require a visa or OCI[1] card to enter India. The child will not enjoy all rights that Indian citizens enjoy.[2]

An OCI Cardholder

  • Has no voting rights
  • Has multiple entry lifelong visa for visiting India for any purpose.
  • Will require a special permission to undertake research work in India for which they may submit the application to the Indian Mission/ Post/ FRRO concerned
  • Are exempted from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India.
  • Are equal to Non-Resident Indians (NRIs) in respect of all facilities available to them in economic, financial, and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
  • Are treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India
  • Are charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India.

If the parents want the child to have citizenship of India, they can obtain citizenship of India by Registration. Under Section 5(1)(d) of the Citizenship Act, 1955, Minor children of citizens of India are eligible. The form is available here.

List of required documents[3]:

  • A copy of valid Foreign Passport of the child
  • A copy of valid Residential Permit/LTV
  • Proof of Indian citizenship of both the parents’ viz. copy of the Indian passport or birth certificate
  • Declaration and Oath of allegiance as specified in the form to be made before the offices specified in the Citizenship Rules, 1955 i.e. Collector/ DM/ DC
  • A copy of Bank Challan in original amounting to Rs.250/- payable towards declaration and Oath of allegiance deposited in the State Bank of India under Head No.”0070-Other Administrative Services-Other Services-receipts under the Citizenship Act
  • In case of guardian, enclose proof of guardianship

You can apply online. A complete guide is available here. Ensure[4]:

  • Image Dimension of Photograph should be 100(Width) * 120(Hight) Pixel only
  • The size of the scanned image are not more than 20kb.
  • Uploading image should be in jpg format only.

You must upload the following:

  • A copy of the valid Foreign Passport attached
  • A copy of the valid Residential Permit attached
  • Documentary Evidence of his/her both parents was a citizen of India viz. copy passport or Indian Citizenship or birth certificate

PDF Documents can contain more than one page, but should not exceed size more than 1024kb(1MB).

 

[1] Person of Indian Origin (PIO) card scheme has been withdrawn by the Government of India and merged with the Overseas Citizen of India (OCI) card scheme.

[2] Note: If the parents were in the U.S. under diplomatic status at the time of the child’s birth then the child is not a US citizen: US Embassy at this link

[3] Ministry of Home Affairs at this link

[4] Ministry of Home Affairs.

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