Reacquiring Indian Citizenship

Resumption of Indian Citizenship: Understanding the Core Principle

India’s legal framework regarding citizenship has, from its very inception, prohibited the concept of dual citizenship. This means that an Indian citizen cannot simultaneously hold the citizenship of another country without first renouncing their Indian nationality. The same principle applies when someone seeks to acquire Indian citizenship, whether they are a foreign national or a former Indian citizen: they must first formally give up their existing foreign nationality to become an Indian citizen.

In essence, if you are a former citizen of India wishing to reacquire or resume your Indian citizenship, a crucial prerequisite is the formal surrender or renunciation of your current foreign citizenship.

A. For Adults

Individuals who have reached the age of majority (18 years or older) and were previously Indian nationals can only regain Indian citizenship after they have officially given up their current foreign citizenship.

B. For Minors

When parents renounce their Indian citizenship, the citizenship status of their minor children is determined by existing law. However, upon reaching the age of majority, minors are granted a specific right under Indian law to choose Indian citizenship. They can do this by submitting a declaration expressing their desire to resume Indian citizenship. In specific, unique situations, such as those pertaining to statelessness, minors whose parents have ceased to be Indian nationals may be allowed to resume Indian citizenship.

Eligibility Criteria for Resuming Indian Citizenship

To successfully resume Indian citizenship, applicants must satisfy the following key conditions:

• Prior Indian Citizenship: The applicant must have previously held Indian citizenship.
• Attainment of Majority: The applicant must have attained the age of majority (18 years). In the case of minors, while they may temporarily hold dual citizenship, they are required to make a choice upon reaching adulthood.
• Renunciation of Current Citizenship: It is absolutely essential for individuals/former citizens to formally renounce their present foreign citizenship to reacquire or resume Indian citizenship. This is a non-negotiable step due to India’s policy against dual nationality.

The Process for Resuming Indian Citizenship

The journey to reacquire Indian citizenship involves a structured application process:

1. Online Application Submission: The initial and most critical step is to complete and submit the appropriate online application form for the resumption of Indian citizenship. You can find information and access the relevant forms on the website of the Ministry of Home Affairs (MHA).
2. Document Upload: After filling out the application, you will need to upload a range of supporting documents online. These typically include, but are not limited to, copies of your expired Indian passport, proof of your previous Indian citizenship, and crucially, your Renunciation Certificate from your current foreign nationality.
3. Online Submission and Physical Deposit: Once the online application and document uploads are complete, you must submit the application electronically. Following this, you are generally required to print out the submitted application form and, along with physical copies of all supporting documents, submit them at the concerned Indian Mission/Embassy/High Commission [https://mea.gov.in/indian-missions-abroad.htm] in the country where you currently reside.
4. Verification by Authorities: Upon submission, the relevant Indian Mission office will forward your application, along with their report, to the Ministry of Home Affairs (MHA) in India for thorough verification and approval. If the MHA is satisfied with your application, you will be required to submit an additional declaration in the form of an Affidavit and an Oath of Allegiance as per the requirements of the Central Government.
5. Issuance of Resumption Certificate: Once all necessary requirements are fulfilled and the Central Government is satisfied, a Resumption Certificate will be issued to you. This certificate officially confirms the reacquisition of your Indian citizenship.

Potential Challenges Affecting Citizenship Resumption

Several factors can potentially impede or affect the outcome of your application for resuming Indian citizenship:

• Existence of Criminal Record: The presence of a current or past criminal record against an individual can significantly impact the decision to grant Indian citizenship.
• Failure to Renounce Foreign Citizenship: As India does not permit dual citizenship, applicants must renounce their present foreign citizenship before they can obtain Indian citizenship. Failure to provide proof of renunciation will likely lead to the rejection of the application.
• Legal Disqualifications: Individuals who are currently barred by Indian law for specific reasons (e.g., related to national security, public order, or specific legal proceedings) may not be able to resume Indian citizenship.

FAQs

Q1: Does India allow dual citizenship?

No, India does not allow dual citizenship. If you wish to reacquire Indian citizenship, you must first renounce your current foreign citizenship.

Q2: What is “naturalization abroad”?

Naturalization abroad refers to the process by which a person voluntarily becomes a citizen of a foreign country, thereby giving up their original citizenship.

Q3: Can my minor child have dual citizenship if I renounce my Indian citizenship?

Generally, when parents renounce Indian citizenship, their minor children’s citizenship follows. However, upon reaching adulthood (18 years), the child has the option to choose Indian citizenship by making a formal declaration. In special cases, minors might be able to resume Indian citizenship if their parents ceased to be Indian nationals and they are stateless.

Q4: What is a Renunciation Certificate, and why is it important?

A Renunciation Certificate is an official document that proves you have formally given up your foreign citizenship. It is crucial because India’s law against dual citizenship requires you to renounce your current nationality before reacquiring Indian citizenship.

Q5: How long does the process of reacquiring Indian citizenship typically take?

The processing time can vary significantly depending on individual circumstances, the completeness of the application, and the workload of the concerned government departments (Indian Missions and the Ministry of Home Affairs). It’s advisable to check with the specific Indian Mission for estimated timelines.

Q6: Do I need to visit India during the application process?

While the initial application is online, you are typically required to submit physical copies of your application and documents to the Indian Mission/Embassy/High Commission in your country of residence. You may also be called for interviews or to provide additional information, depending on the case.

Q7: What if I have a criminal record?

A criminal record, whether past or present, can significantly hinder your application for reacquiring Indian citizenship. Each case is assessed individually by the Ministry of Home Affairs.

Conclusion

Reacquiring Indian citizenship after naturalizing in another country is a significant decision that reflects a desire to reconnect with one’s heritage. The process, governed by the Citizenship Act, 1955, emphasizes India’s strict policy against dual nationality, making the renunciation of current foreign citizenship a non-negotiable step. While the journey involves navigating various legal requirements and administrative procedures through Indian Missions and the Ministry of Home Affairs (MHA), the eventual issuance of a Resumption Certificate signifies a successful return to Indian nationality.

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