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  • Acquiring Indian Citizenship

    How do I acquire Indian Citizenship?

    I am a British Citizen.
    Have a PIO Card.
    I presently reside in India.
    Father is an Indian Citizen.
    Mother is a British Citizen.
    One elder Brother British Citizen living in UK since the last 10 years.


    Both Parents living in Indian over 30 years.

    How do I go about getting Indian Nationality ?
    Where do I relinquish my British Passport ?
    Is it good to use a Lawyer or is mine a straightforward process.

  • #2
    Originally posted by satishk
    How do I acquire Indian Citizenship?

    I am a British Citizen.
    Have a PIO Card.
    I presently reside in India.
    Father is an Indian Citizen.
    Mother is a British Citizen.
    One elder Brother British Citizen living in UK since the last 10 years.


    Both Parents living in Indian over 30 years.

    How do I go about getting Indian Nationality ?
    Where do I relinquish my British Passport ?
    Is it good to use a Lawyer or is mine a straightforward process.
    satishk,

    If you have resided in India for a year, you can apply for citizenship by registration (as former Indian citizen and child of Indian citizen). You can submit Ministry of Home Affairs Form III (B) to the FRRO.

    After it's granted, you are expected to renounce British citizenship. I think you can do that through the British High Commission.

    I think it's a straightforward process.

    Hope this helps,

    Tamtom

    Comment


    • #3
      Do I have to reside an year before I apply ?
      Cant I apply now ?

      My Case:
      I am been living in India for over 30years.Applied for British Citizenship in India in 2002.My passport arrived 2006!!.Arriving so late created quite a change in my plans.Usually takes 4 months.I guess now its a lot different.After getting my British Citizenship I had to apply for visa and finally managed to get Police clearance to leave India.Arriving in UK I applied and got PIO.I immediately I headed back to India.Now I would like to give up my British Nationality and get back to my old routine in India.
      Any suggestions?

      Thank You Tamtom
      Last edited by satishk; 12-22-2007, 01:51 PM.

      Comment


      • #4
        satishk,

        Here's what the rules say (which can be found on Home Ministry's web site).

        (3) By Registration (Section 5(1))
        Indian Citizenship by registration can be acquired ....

        (b) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).
        ....

        (f) Persons of full age who or either of the parents were earlier citizen of Independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III- B.

        If you were "ordinarily resident" in the UK, then section (b) would apply and the rule doesn't specify a residence period, nor does it explain how to apply for it.

        From the facts you described, it seems you have been physically present in India all the time except for a brief trip to the UK to pick up your PIO card. If that was only a few weeks, and you were only a guest in the UK and didn't get your own flat, etc., maybe it won't count for purpose of determining your place of residence, and you could apply now. On the application form you could explain that you briefly visited the UK but did not reside there.

        But I don't know if it would be accepted. If you know a good lawyer, you might want to seek advice about that.

        Hope this helps,

        Tamtom

        Originally posted by satishk
        Do I have to reside an year before I apply ?
        Cant I apply now ?

        My Case:
        I am been living in India for over 30years.Applied for British Citizenship in India in 2002.My passport arrived 2006!!.Arriving so late created quite a change in my plans.Usually takes 4 months.I guess now its a lot different.After getting my British Citizenship I had to apply for visa and finally managed to get Police clearance to leave India.Arriving in UK I applied and got PIO.I immediately I headed back to India.Now I would like to give up my British Nationality and get back to my old routine in India.
        Any suggestions?

        Thank You Tamtom

        Comment


        • #5
          I stayed about 50 days with my Brother.Came back in March 2007.Its around 9 Months since I arrived.3 Months short of a Year.So maybe not so long to wait.

          Comment


          • #6
            Originally posted by satishk
            I stayed about 50 days with my Brother.Came back in March 2007.Its around 9 Months since I arrived.3 Months short of a Year.So maybe not so long to wait.
            Note that the rule says "residing," not "physically present." I'm not sure if they have detailed rules about how to determine residence.

            Have you considered asking the FRRO your question? If they approve, you can apply now. In the worst case if they disapprove, you have to wait three months.

            Hope this helps,

            Tamtom

            Comment


            • #7
              DO I have to give up British Citizenship and than apply for Indian Citizenship or get Indian Citizenship first than later renounce British Nationality?

              Thank You Tamtom You have been very helpful.
              I would also like to thank this Forum ,its been immensely helpful.
              Thank You all.

              I had read , with the Father being Indian and having a PIO there is no 5 year waiting period.
              Last edited by satishk; 12-26-2007, 01:10 AM.

              Comment


              • #8
                satishk,

                Here are the instructions published by the Ministry of Home Affairs:


                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,


                In other words, the answer is, you get Indian citizenship first then later renounce British. This is to avoid potentially becoming stateless while waiting fot them to rule on your application.

                Hope this helps,

                Tamtom

                Originally posted by satishk
                DO I have to give up British Citizenship and than apply for Indian Citizenship or get Indian Citizenship first than later renounce British Nationality?

                Comment


                • #9
                  Thank You Tamtom ,as always You have been immensely helpful.

                  Comment

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