You have to ordinarily reside in India legally (not as an illegal immigrant) for a minimum period of 14 years and continuously for a period of 12 months preceding an application for citizenship by naturalization.
Citizenship law of India for a Bangladeshi national married to an Indian
I am an Indian citizen by birth. I am married to a Bangladeshi citizen. The marriage took place in India under section 11 of act XLIII of 1954 marriage act while my wife was travelling to India on tourist visa. I want legal advice on 1. What is the procedure to get citizenship in India in this case for my wife. 2. She wants to work in India in private company. What is the procedure for that?
Asked 4 years ago in Family Law
Religion: Hindu
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The marriage took place on 22.02.2019. She is staying in Bangladesh right now. She wants to move in India permanently. What is the legal procedure for that? She wants to work in India also. Is it possible for her to work here in a private company while staying?
Asked 4 years ago
The 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 the category of ; 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;
An Employment visa is granted to a foreigner who is a highly skilled and/or qualified professional. Employment Visa shall not be granted – (i) for jobs for which qualified Indians are available and (ii) for routine, ordinary or secretarial/clerical jobs.
In order to get a tourist visa, you must not have a residence or occupation in India. If you would be volunteering, working with charities or working with non-profit organizations, you must apply for an Employment Visa instead. ... However, non-U.S. citizens are only eligible for up to a six-month tourist visa.
1. See can apply for LTV I.e. long term visa on ground of marriage and subsequently can apply for the citizenship as per the policy. Refer complete details of LTV visa here :
https://www.google.com/url?sa=t&source=web&rct=j&url=https://mha.gov.in/PDF_Other/AnnexVI_01022018.pdf&ved=2ahUKEwiRnqOK9OLlAhVnH7cAHXFRAVUQFjAKegQIBhAJ&usg=AOvVaw3PpL-e5kGgHqkrolRRg--1&cshid=[deleted]
She can apply for the LTV visa and she can further based on same can apply.for.employment in India there won't be any issue in same.
section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration. in your case marriage is taking place in 2019 .
for making an application for registration under section 5(1) (c) applicant has to fill in Form 111 under rule 5(1 )(a)of citizenship rules . if applicant has in preceding 12 months continoulsy resided in india the said period would be taken into account . further in last 8 years preceding 12 months if applicant has resided in inid for not less than 6 years said period would be taken into account . if you fulfill the criteria laid down under section 5(1)(c) and rules frmaed thereunder you would be eligibale for making an application for registeration .
your wife needs work visa to work in india as she has foreign citizenship . work visa cannot be granted for ordinary , clerical or routine jobs . applicant should be highly skilled and qualified professional
According to the Ministry of Home Affairs, there are four ways in which Indian citizenship can be acquired: birth, descent, registration and naturalisation. The provisions are listed under sections 3, 4, 5(1) and 5(4) of the Citizenship Act, 1955.
By birth
1. Every person born in India on or after 26.01.1950 but before 01.07.1987 is an Indian citizen irrespective of the nationality of his/her parents.
2. Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India given either of his/her parents is a citizen of the country at the time of his/her birth.
3. Every person born in India on or after 3.12.2004 is a citizen of the country given both his/her parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at the time of birth.
By registration:
Citizenship can also be acquired by registration. Some of the mandatory rules are:
1. A person of Indian origin who has been a resident of India for 7 years before applying for registration.
2. A person of Indian origin who is a resident of any country outside undivided India.
3. A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
4. Minor children of persons who are citizens of India.
By descent:
1. A person born outside India on or after January 26, 1950 is a citizen of India by descent if his/her father was a citizen of India by birth.
2. A person born outside India on or after December 10, 1992, but before December 3, 2004 if either of his/her parent was a citizen of India by birth.
3. If a person born outside India or or after December 3, 2004 has to acquire citizenship, his/her parents have to declare that the minor does not hold the passport of another country and his/her birth is registered at an Indian consulate within one year of birth.
By naturalisation:
A person can acquire citizenship by naturalisation if he/she is ordinarily resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.
1. The period of your married life is very small and now you should not think in terms of making her Indian national.
2. After minimum stay for 7 years your wife can apply for citizenship under heads to which she is found eligible.
3. See the government portal which is clear on the eligibility of acquiring citizenship by naturalization.
4. A foreign national can stay in India as long as visa remains valid. Under restrictive circumstances she can work for gain as well though there is not much embargo on carrying out trade in India.
Dear Sir,
Entry (X) Visa may be granted to the following categories of Bangladesh nationals-
(i) Bangladesh national married to an Indian national or their children may be granted
X-2 Visa for a period up to five years.
(ii) Artistes/ cultural personalities/ academicians/ professionals who visit India to
participate in non profitable/ non-commercial performances sponsored by reputed
institutions in India may be granted X-Misc Visa up to a period of 6 months.
Dear Cleint,
Person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration are registered as citizens of India.
For long term stay she can apply for X (Entry) Visa, which is a residential visa. It provides the right to live in India, but not work.
The spouse of a foreign national is allowed to visit India on a dependent (X) visa. The holder of this visa cannot undertake any business or economic activity or accept any employment in India.
You can apply for India citizenship online.
Required documents are
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 or birth certificate.
• A copy of marriage certificate issued by the Registrar of Marriage.
• 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.
• Copy of Bank Challan in original amounting to Rs.500/- 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”
She needs to apply citizenship on basis of marriage with Indian citizen
