Ways to Acquire Citizenship

Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below,

By Birth

  • A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.
  • A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.
  • A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

By Descent

  • A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.
  • A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

Who is an Illegal Migrant?

An illegal migrant is defined as a foreigner who entered India –

a) Without a valid passport or other prescribed travel documents or

b) With a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time

  • A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

By Registration (Illegal Immigrant are not Eligible to Apply)

  • A person of Indian origin who has been a resident of India for 7 years before applying for registration.
  • A person of Indian origin who is a resident of any country outside undivided India.
  • A person who is married to an Indian citizen and is ordinarily resident for 7 years before applying for registration.
  • Minor children of persons who are citizens of India.

By Naturalization

  • Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and qualifies other conditions under schedule 3 of the citizenship act.

By Incorporation of Territory

  • If any new territory is added to India, the Government of India can specify the persons of the territory who shall be citizens of India by reasons of their connection with that territory.