how to become an indian citizen

Acquisition of Nationality in India

Nationality law in India defines the methods by which a person can become a national of the Republic of India. The primary legislation governing this area is the Citizenship Act, 1955, along with subsequent amendments.

Citizenship by Birth

Individuals born in India may acquire nationality based on their date of birth, subject to specific conditions stipulated in the Citizenship Act and its amendments. These conditions have evolved over time, impacting eligibility based on parents' nationalities.

  • Before July 1, 1987: Anyone born in India was a citizen by birth, regardless of the nationality of their parents.
  • Between July 1, 1987, and December 3, 2004: A person born in India was a citizen if either parent was an Indian citizen at the time of their birth.
  • On or after December 3, 2004: A person born in India is considered a citizen only if both parents are Indian citizens, or if one parent is a citizen and the other is not an illegal migrant at the time of their birth.

Citizenship by Descent

Individuals born outside India may acquire nationality if their parents or grandparents meet certain criteria regarding Indian nationality and registration procedures. Specific requirements vary depending on the date of birth and the parent's or grandparent's status.

Conditions for Citizenship by Descent

  • Individuals born outside India on or after January 26, 1950, but before December 10, 1992, were considered citizens if their father was a citizen of India at the time of their birth.
  • Individuals born outside India on or after December 10, 1992, are considered citizens if either parent was a citizen of India at the time of their birth.
  • Registration at an Indian consulate is typically required within a specified timeframe.

Citizenship by Registration

Certain categories of individuals may apply for nationality through registration with the appropriate authorities. This includes Persons of Indian Origin (PIOs), spouses of Indian citizens, and others who meet specific eligibility criteria.

Eligibility for Registration

  • Persons of Indian Origin (PIOs) who have resided in India for a specified period (typically 7 years) before applying.
  • Individuals married to an Indian citizen, having resided in India for a specific period (typically 7 years) before applying.
  • Minor children of Indian citizens.
  • Individuals who are citizens of Commonwealth countries specified in the Second Schedule of the Citizenship Act, 1955.

Citizenship by Naturalization

Foreign nationals who are ordinarily resident in India and meet certain qualifications may apply for nationality through naturalization. This process requires demonstrating good character, knowledge of an Indian language, and an intention to reside in India permanently.

Requirements for Naturalization

  • Residency in India for a specified period (typically 12 months) immediately preceding the application date, and 11 years of residence in India in the 14 years preceding that 12-month period.
  • Good character.
  • Adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution of India.
  • An intention to reside in India or to serve under the Indian government.

Citizenship by Incorporation of Territory

When a new territory becomes part of India, the Indian government specifies the persons who shall be deemed to be citizens of India by reason of their connection with that territory.

Renunciation and Termination

Indian nationality can be renounced voluntarily. It can also be terminated under certain circumstances, such as acquiring the nationality of another country or engaging in activities prejudicial to the interests of India.

Overseas Citizen of India (OCI)

The Overseas Citizen of India (OCI) card is a form of visa that allows foreign citizens of Indian origin to live and work in India indefinitely. While not nationality, it provides many of the same rights as citizens, excluding voting rights and holding public office.