This query regarding my father who was actually born in Bangladesh but has been resident of india since 1960. My father doesn't have any proof birth was has all valid documents concerning India Residence like: Voter ID, PAN, AADHAR. He is a responsible tax payer of India. Currently owns a property and is doing business in India for over 40 years. My mother is an Indian by Birth and also has a valid indian Passport. Recently my father has applied for Passport and the RPO has withheld his application and demanded him to produce Indian Citizenship Certificate. Now my questions are as follow: 1. How can my father apply for ICC? 2. While applying under which category should he apply? Naturalization or Married to Indian Citizenship. 3. In there any alternate way in which we can ask RPO to process the application?
When your father born, Your grand father Indian or BDshi ? Your mother Indian or Bengladeshi ?
IF your mother is an Indian Citizen by birth than Sec 5(c) of Citizenship Act.
Citizen ship by Registration.
New Passport Rules
Since your father is born before before 1989 it is not mandatory for him to produce your birth certificate for the issuance of a passport to you. Regarding the place of birth that can be covered by furnishing an affidavit to this effect
since your father has married an indian citizen he is entitled to apply for indian citizenship as he has stayed in India for period of 7 years after marriage
2) Section 5(1) (c) Citizenship by registration. - (1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:
(c) 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.
As the Passport Office is demanding the ICC, in order to justify that my father is a valid Indian Citizen as his place of birth is in Bangladesh. The Form III (Section 5(1) (c) Citizenship) wants the user to upload the following documents (a) A copy of the valid Foreign Passport attached (b) A copy of the valid Residential Permit attached (c) Evidence of Applicant spouse Indian nationality In my father's case I don't have documents a) and b). So how can I apply for the ICC under this category? Secondly, I have received a response "New Passport Rules - Since your father is born before before 1989 it is not mandatory for him to produce your birth certificate for the issuance of a passport to you. Regarding the place of birth that can be covered by furnishing an affidavit to this effect". Now what is the "affidavit" that I need to produce?
Format of affidavit will get from the office only or online,
Introduction of father, parents name, their citizenship, date of birth/place.
Since you don’t have valid documents you would not get Indian citizenship
1. Did your father mention anywhere in the said application that he had come to India from East Pakisthan in the year 1960? Your father should submit that he is an Indian Citizen and had arrived in India during partition for which no ICC is required. If he has already declared that he has come to Indian in the year 1960, then he should approach the DM/MEA for availing the ICC, after producing all the evidence of his staying in India continuously from 1960.
2. He can apply under the category of 'Married to Indian Citizen' and will get the ICC since he is staying in India after marrying an Indian Citizen for more than the stipulated period of 7 years.
3. If he had declared that he has come to India during partition then there would not been any need for the ICC. If not, then declare that he has arrived in India during partition in the year 1947.
1. Let your father execute an affidavit affirming that he was born in India on the specified date.
2. It will not be prudent on the n part of your father to declare that he was born in Bangladesh and has come to India after 1947.
3. He should declare that he was born in India.
1. How can my father apply for ICC?
REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(C) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS/HAS BEEN MARRIED TO A CITIZEN OF INDIA
Eligibility criteria:
Person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.
Note:
For the purpose of clause (c) an applicant shall be deemed to be ordinarily resident in India if-
I. He has resided in India throughout the period of 12 months immediately before making an application for registration.
II. He has resided in India during the 8 years immediately preceding the said period of 12 months for a period of not less than 6 years.
The applicants are advised to carefully go through the provisions of the Citizenship Act, 1955 and rules framed there under to determine their eligibility for Indian citizenship.
2. While applying under which category should he apply? Naturalization or Married to Indian Citizenship.
Under the above category
3. In there any alternate way in which we can ask RPO to process the application?
First he has to acquire the citizenship
In my father's case I don't have documents a) and b). So how can I apply for the ICC under this category?
Secondly, I have received a response "New Passport Rules - Since your father is born before before 1989 it is not mandatory for him to produce your birth certificate for the issuance of a passport to you. Regarding the place of birth that can be covered by furnishing an affidavit to this effect". Now what is the "affidavit" that I need to produce?
The following documents are required:
List of Uploading Document
A copy of valid Foreign Passport
A copy of valid Residential Permit/LTV
Evidence of his/her husband’s/wife’s Indian nationality viz. copy of the Indian passport, birth certificate, etc.
A copy of marriage certificate issued by the Registrar of Marriage.
Your father can give an affidavit about non availability of passport of Bangladesh
1. Since he has been residing in India for more than 7 years and has been married with an Indian lady he can apply for ICC.
2. Married to Indian citizen.
3. Unless and until he gets his Indian citizenship his application for passport would not be processed by the RPO.
