• Immigration to India

Hi,

My friend was born in India. He has the birth certificate mentioning the name of the Indian hospital, where he was born, along with the date. Few years after his birth, he started staying with the family of his maternal uncle in Bangladesh, though his parents continued staying in India. As a result, all his education was completed in Bangladesh only. Presently he is having his MBBS degree from Dhaka University.But his parents want to bring him back to India. As his parents are Indian citizens and he also has a birth certificate, issued by State Municipality, is it legally possible for him to acquire Indian citizenship? Just for your information, his religious belief is Hinduism. Please advise on how to proceed.

Thanks & Regards,
Rajshekhar
Asked 2 years ago in Constitutional Law from Bangalore, Karnataka
1) A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

2) further  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)  whose parents are registered as citizens of India.
Ajay Sethi
Advocate, Mumbai
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Any person born in India on or after 26 January 1950, but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

When did he born in India?. At present is he having Bangladeshi citizenship?. Reply to these questions.
Shashidhar S. Sastry
Advocate, Bangalore
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1. Your friend was a natural citizen of India as he was born in India. Natural citizenship which accrues to a person on his birth is subject to the following riders (a) If the individual was born on or after 1st July 1987 then either of his parents must be a citizen of India. (b) If the individual was born on or after 3rd December 2004 then either both his parents must be Indian citizens, or if only of them is an Indian citizen the parent who is not a citizen of India must not be an illegal migrant.  

2. Your query is silent as to whether your friend acquired the citizenship of Bangladesh or not. It is also lacking in details as to whether your friend intermittently visited India. The date on which he, if at all, acquired the citizenship of Bangladesh, is germane to decide whether your friend is still regarded as a citizen of India. The duration, if any, for which your friend last remained in India will also have a direct bearing on his citizenship status. Hence, furnish these details.
Ashish Davessar
Advocate, Jaipur
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