One has to renounce Indian citizenship when one becomes an Australian citizen or a citizen of another country.
Most of the former Indian citizens choose to get an Overseas Citizenship of India (OCI) card which allows them unlimited travel and stay in India and comes with most of the rights any Indian citizen has except contest an election in India or vote in Indian elections among some restrictions.
However, what if someone wants to reclaim his or her Indian passport? Can one get the Indian citizenship back?
“Yes, one can,” says Melbourne-based migration expert Rohit Mohan, “however, not easily.”
Source: (http://www.cgiguangzhou.gov.in/oci-card)
“This is called Indian Citizenship by registration,” says Mr Mohan.
He says the Section 5(1) of the act states, “Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months).”
There is also an exemption for the OCI card holders.
“Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making an application under section 5(1)(g).”
A welcome sign at New Delhi international airport Source: Supplied
“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,” reads the act.
“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," it says.
Ministry of Home Affairs examines the application before making any decision.
Rohit Mohan adds an important point that “acquiring Indian citizenship would mean renouncing any other citizenship as India does not offer dual citizenship.”
"Therefore, the applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision," advises Mr Mohan.
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