Citizenship Lawyers in India

For registration as an Indian citizen’s spouse, applicants must not be illegal migrants. Residence in India normally means throughout the 12 months before applying plus six years in the preceding eight. The Central Government may, for written reasons, relax the final year by up to 30 days in special circumstances or exempt residence requirements. Special-circumstances exemptions may cover foreign spouses of Indian citizens serving government in India, or those married to an Indian citizen for at least seven years who visited India at least annually in any seven of nine years. Use Form III. ^{[4] [5]}

Adults with capacity, excluding illegal migrants, need 12 months’ residence/government service in India before applying, plus 11 of the prior 14 years (five for Hindus, Sikhs, Buddhists, Jains, Parsis or Christians from Afghanistan, Bangladesh or Pakistan). They also need good character, adequate Eighth Schedule language knowledge and intent to reside in India or enter qualifying service. Central Government may record special circumstances to relax the final year by up to 30 days, or waive conditions for distinguished service to science, philosophy, art, literature, world peace or human progress. ^[4]

For births abroad on or after 10 December 1992, either parent must be Indian at birth. Consular birth registration must be completed within one year of birth; later registration needs Central Government permission. Parents must declare that the child holds no other country’s passport. A minor who is Indian by descent and also a citizen of another country loses Indian citizenship unless that other citizenship or nationality is renounced within six months of turning 18. ^{[4] [3]}

For births from 26 January 1950 to 30 June 1987, parents' nationality generally does not matter. From 1 July 1987 to 2 December 2004, at least one parent must have been Indian at birth. From 3 December 2004, both parents must be Indian, or one Indian and the other not an illegal migrant at birth. Section 3 excludes children of a non-Indian parent with diplomatic immunity, and births in enemy-occupied territory where a parent is an enemy alien. ^[4]

The Citizenship (Amendment) Act route covers Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh or Pakistan who entered by 31 December 2014 and fall within the required government passport or foreigners-law exemptions. Applicants must also meet the relevant registration or naturalisation conditions. Section 6B excludes Sixth Schedule tribal areas of Assam, Meghalaya, Mizoram and Tripura, and areas covered by the Inner Line. ^{[1] [4]}

Apply online. Collectors handle section 6B applications for applicants ordinarily resident in Gujarat, Rajasthan, Punjab, West Bengal, Assam or Tripura outside tribal areas, Jammu and Kashmir, or Ladakh. Elsewhere, apply through the District Level Committee to the Empowered Committee. Holders of valid or expired Pakistani, Afghan or Bangladeshi passports must surrender them within 15 days of approval to the relevant postal superintendent or Collector. Attend in person to subscribe the application and take the oath; failure despite reasonable opportunities can lead to refusal. ^{[7] [1] [8]}