You were an Indian citizen by birth but you renounced Indian citizenship and are at present OCI
you have to wait for 5 years as an OCI and stay in India for one year before applying for Indian citizenship
Re-claiming Indian Citizenship
Hello, I recently acquired foreign citizenship, renounced Indian citizenship and got OCI status in India. If I want to revert back to Indian citizenship, do I have to wait for 5 years as an OCI, per the clause below? “a person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.“ Or can I apply for Indian citizenship immediately per the clause given below: “A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.” In other words - Since I was born in India and both parents were citizens of India, can I use the ‘Citizenship by birth’ path to reclaim Indian citizenship or do I have to go via the ‘Citizenship by Naturalization’ path after waiting for 5 years as an OCI and residing for 1 year in India?
Asked 1 year ago in Constitutional Law
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6 Answers
Having obtained OCI status, presumption of citizenship by birth under Section 3 (1) (b) of Citizenship Act is not available to you. You have to relay on Section 5 (1) (g) for seeking citizenship as OCI by waiting for five years and staying in India for one year.
You have to declare intention of renunciation in Form XXII to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgement in Form XXII A. application form have to apply again in the new form?
As per the provisions of section 5(1) (g) of the Citizenship Act,
1955, a person who is registered as an OCI for 5 years and is residing in
India for 1 year out of the above 5 years, is eligible to apply for Indian
Citizenship.
You can give up the foreign citizen ship and again apply for indian citizenship as india doesn't recognize dual citizenship
- As per the provisions of section 5(1) (g) of the Citizenship Act, , a person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
- Hence, if you are residing in India , then after completing one year , you can apply for getting citizenship back.
Citizenship by Naturalization is a way to reclaim your citizenship after denouncing it.
As per the provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is registered as an OCI for
5 years and has been residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
