Once you've been registered with an OCI for 5 years and have resided in India for 1 year, you can apply for Indian citizenship.
Regaining Indian citizenship
I was born in India in 1953 and gave up citizenship in 2006 when I acquired Canadian Citizenship. I live in Canada currently but intends to regain my Indian Citizenship in shortest time. I understand I have to live there for at least one year before I apply to regain Indian Citizenship. Is my understanding correct or there is another requirement to regain in shortest time. If one year stay is mandatory then can I go out of India for some period? Pl advise me with the relevant Laws Thanks Ramesh Gupta
Asked 2 years ago in Constitutional Law
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5 Answers
A person registered as an OCI is eligible to apply for grant of Indian Citizenship under Section 5(1)(g) of the Citizenship Act, 1955, if he/she has been registered as an OCI for five years and has been residing in India for one year,out of the five years before making the application.
For getting registered under the OCI Scheme, application will be have to be submitted in the Indian Mission/Post in the country of citizenship/residence of the applicant, in the form prescribed for the purpose.
Dear Client,
A person who has been registered as an OCI for five years and has been residing in India for one of those five years is eligible to petition for Indian citizenship, per the guidelines of section 5(1)(g) of the Citizenship Act, 1955.
Applying for Indian citizenship by registration under section 5 requires submitting an application in the appropriate Form to the Collector or District Magistrate of the applicant's home region. Each and every document and payment of fees specified in the applicable Forms must be submitted with the application. The Collector/District Magistrate shall forward the application to the relevant State Government/UT Administration within sixty days, together with a report on the applicant's eligibility and appropriateness. The State Government/UT Administration then has thirty days to transmit the application to the Indian government's Ministry of Home Affairs (MHA).
The Citizenship Rules of 1956 and the Citizenship Act of 1955's qualifying requirements are taken into consideration when reviewing each application in MHA. In the event that the applicant does not meet the qualifying requirements, this kind of communication will be routed through the State Governments/UT Administration. The State Government notifies each applicant whose case is determined to be eligible following application review that his application has been accepted. Until the citizenship application is approved and the applicant is notified of the outcome, he should not give up his foreign citizenship. The applicant must next provide, via the State Government, a document attesting to his renunciation of foreign citizenship that was granted by the relevant nation's mission, as well as evidence that the fee was paid in accordance with SCHEDULE IV of the Act, along with individual information in Form-V. After that, the State Government grants the applicant a certificate of Indian citizenship.
Yes you are correct and you have to give up your Canadian citizenship too
- You can apply before the Ministry of Home Affairs under the Section 8(2) of the Indian Citizenship Act, for regaining Indian Citizenship
- Yes, living for at least one year is mandatory applying for the same .
