Indian Nationality purpose

In Pakistan
Last Updated: Apr 21, 2025
Hello,Can A pakistani child age (10,6,5) get Indian nationality if there mother is an Indian national and how much time it takes and what is the process

Lawyer Answers

Asma Tanveer Randhawa Advocate

Asma Tanveer Randhawa Advocate

Apr 21, 2025
Best Answer

Yes, he can after mother being appointed as legal guardian. Please call us on 00923006622189 for further information and help. Ms Asma Tanveer Randhawa Advocate 

Ghallu Law firm

Ghallu Law firm

Apr 21, 2025

Hello! Yes, a Pakistani child may be eligible for Indian citizenship if their mother is an Indian citizen, but the process is specific and governed by Indian citizenship laws. Here’s a breakdown based on the situation:

1. Eligibility

Children born to an Indian mother and a Pakistani father may apply for Indian citizenship by registration under Section 5(1)(c) or Section 5(1)(d) of the Citizenship Act, 1955, depending on the details of the case.

However, since the children are foreign nationals (Pakistani), and Pakistan is considered a “notified country,” the process is more sensitive and scrutinized.

2. Process Overview

Step 1: Apply for Long Term Visa (LTV)

The children and possibly the Pakistani parent will need to be in India on an LTV.

LTVs are granted to Pakistani nationals on specific grounds such as being spouses or children of Indian citizens.

Apply at the Indian Embassy/High Commission in Pakistan (or FRRO in India if already in India).

Step 2: Stay in India for Required Time

As per Citizenship Rules, the child must reside in India for at least 7 years before applying for citizenship by registration (some exceptions or relaxations might apply in special cases, especially for minors).

Step 3: Apply for Indian Citizenship

File an application with the Ministry of Home Affairs (MHA) online through the MHA Citizenship Portal.

The application will require:

Proof of mother’s Indian nationality

Birth certificate of the child

Passport details

Proof of residence

LTV/visa documents

Affidavit by the Indian parent

Step 4: Police Verification and Approval

After submission, there will be thorough police verification.

The process may take 1–3 years, depending on the state and documentation.

3. Important Notes

Since the applicants are from Pakistan, additional clearances from Indian security agencies are mandatory.

If the children are already in India, the process is somewhat easier compared to applying from Pakistan.

Legal consultation is strongly recommended due to the complex nature of Indo-Pak citizenship matters.

 

Islaw - Expert Lawyers

Islaw - Expert Lawyers

Apr 22, 2025

Subject: Regarding Indian Nationality for Children of an Indian Mother

Dear,

Thank you for reaching out.

Yes, under Indian law, it may be possible for Pakistani children to acquire Indian citizenship if their mother is an Indian national. However, the process is subject to several legal conditions and security clearances due to their current nationality.

Key Points:
1. Eligibility: As per the Indian Citizenship Act, a child born to an Indian parent (even if born outside India) may be eligible for citizenship by descent or registration, depending on circumstances and dates of birth.
2. Application Process:
• Apply through Form III or IV to the Ministry of Home Affairs (MHA), India.
• Provide proof of the Indian mother’s citizenship, children’s birth certificates, and parentage.
• Clearance from Indian security agencies is mandatory, especially for Pakistani nationals.
3. Timeframe: It may take 12–24 months or longer, depending on case complexity and background verifications.
4. Legal Support: Given the sensitivity of cases involving Pakistani nationals, legal assistance is highly recommended to ensure correct documentation and timely follow-ups.

We would be glad to assist you with the legal procedure. If you’d like to move forward, please let us know so we can arrange a consultation with one of our attorneys.

Best regards,
Legal Counsel
ISLAW FIRM

EMAIL: info@islaw.com.pk

Islaw - Expert Lawyers

Islaw - Expert Lawyers

Apr 22, 2025

Subject: Regarding Indian Nationality for Children of an Indian Mother

Dear,

Thank you for reaching out.

Yes, under Indian law, it may be possible for Pakistani children to acquire Indian citizenship if their mother is an Indian national. However, the process is subject to several legal conditions and security clearances due to their current nationality.

Key Points:
1. Eligibility: As per the Indian Citizenship Act, a child born to an Indian parent (even if born outside India) may be eligible for citizenship by descent or registration, depending on circumstances and dates of birth.
2. Application Process:
• Apply through Form III or IV to the Ministry of Home Affairs (MHA), India.
• Provide proof of the Indian mother’s citizenship, children’s birth certificates, and parentage.
• Clearance from Indian security agencies is mandatory, especially for Pakistani nationals.
3. Timeframe: It may take 12–24 months or longer, depending on case complexity and background verifications.
4. Legal Support: Given the sensitivity of cases involving Pakistani nationals, legal assistance is highly recommended to ensure correct documentation and timely follow-ups.

We would be glad to assist you with the legal procedure. If you’d like to move forward, please let us know so we can arrange a consultation with one of our attorneys.

Best regards,
Legal Counsel
ISLAW FIRM

EMAIL: info@islaw.com.pk

Islaw - Expert Lawyers

Islaw - Expert Lawyers

Apr 22, 2025

Subject: Regarding Indian Nationality for Children of an Indian Mother

Dear,

Thank you for reaching out.

Yes, under Indian law, it may be possible for Pakistani children to acquire Indian citizenship if their mother is an Indian national. However, the process is subject to several legal conditions and security clearances due to their current nationality.

Key Points:
1. Eligibility: As per the Indian Citizenship Act, a child born to an Indian parent (even if born outside India) may be eligible for citizenship by descent or registration, depending on circumstances and dates of birth.
2. Application Process:
• Apply through Form III or IV to the Ministry of Home Affairs (MHA), India.
• Provide proof of the Indian mother’s citizenship, children’s birth certificates, and parentage.
• Clearance from Indian security agencies is mandatory, especially for Pakistani nationals.
3. Timeframe: It may take 12–24 months or longer, depending on case complexity and background verifications.
4. Legal Support: Given the sensitivity of cases involving Pakistani nationals, legal assistance is highly recommended to ensure correct documentation and timely follow-ups.

We would be glad to assist you with the legal procedure. If you’d like to move forward, please let us know so we can arrange a consultation with one of our attorneys.

Best regards,
Legal Counsel
ISLAW FIRM
email: info@islaw.com.pk

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