• Citizenship 7 years inclusive before & after marriage

As per Indian citizenship act 1955 under section 5, 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.

My question is about the ordinarily resident for 7 years: Is this 7 year including before and after marriage or it is 7 years after marriage?

One of my relatives is from Bangladesh. During 2007-2012 she studyied in a Jadavpur university (Kolkata) with student visa and scholarship from Bangladesh. And during 2012- current date she is staying in both the countries partly.

Now she is getting married to indian citizen (2014).

My query regarding this is when she will be eligible for getting the citizenship of India.

Let Education_Period = 2007-2012
Partial_Period = 2012-2013
Marriage_Period = 2014+

How will the 7 year be calculated.

1. [Education_Period] + [Partial_Period] + [Marriage_Period]=7 years.
2. [Education_Period] + [Marriage_Period]=7 years.
3. [Marriage_Period]=7 years.

or any other way of calculating the period?
Asked 7 years ago in Civil Law

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3 Answers

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 2014 .in my view if you have before marriage stayed in india for 7 years you can make application for registration after marriage to an indian .

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 .

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

It depends on your monitoring but keep 6 months and after getting citizenship she will be eligible as per individual organizations reqt.

Anil Gupta


Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

4.5 on 5.0

Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.

Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government. The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.

she can be eligibile for any job if she meets the requirements laid down

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

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