Reacquiring Indian Citizenship after Naturalization abroad

The Citizenship Act of 1955 primarily governs acquisition and renunciation of Indian Citizenship. All the citizens of India including those who desires to acquire Indian Citizenship after fulfilling the requisite conditions are required to adhere the laws of the Country. With the help of this Article, we will understand the process, how former citizens of India can resume / reacquire their Indian Citizenship status upon becoming nationals of other countries.

Resumption of Indian Citizenship

The concept of Dual Citizenship in India is prohibited from the inception i.e. No Indian Citizen is allowed to acquire another country ‘s citizenship before surrendering their present citizenship and the same concept is also applied while acquiring Citizenship of India wherein the foreign national/former citizen of India is required to renounce their present Nationality status to acquire Indian Citizenship.

In simpler terms, when former citizens of India desires to reacquire/ resume Indian Citizenship, they are required to surrender/ renounce their present citizenship.

A.    In case of Majors

Individuals who have attained the age of majority, and who were previously Indian Nationals can reacquire Citizenship of India only after surrendering their present Citizenship.

B.    In case of Minors

In cases, where parents have renounced their Indian Citizenship, the citizenship of their minor children will be   in accordance with the law, However, upon the attaining age of majority, under law minors have been provided with a right to opt for Indian Citizenship by giving a declaration to resume Indian Citizenship.

Eligibility Criteria:

Following are the parameters that are required to be met in order to resume Citizenship of India:

• He/she must have been a citizen of India.
• He/she should have attained the age of Majority. Specifically, in case of minors, they are entitled to hold dual Citizenship till they attain the age of majority. Thereafter, an option is provided to choose whichever citizenship they want to pursue. Under special circumstances pertaining to statelessness, minors are provided to resume Indian Citizenship, where parents ceased to be Indian Nationals.
• Renunciation of present Citizenship: Individuals/ Former Citizens are required to renounce their present citizenship to reacquire/resume Indian Citizenship.

Brief process for resuming Citizenship of India:

I.    The first and most step is to submit an online application for resumption of Indian Citizenship i.e. the Applicant is required to fill out an appropriate online application for resumption of Indian Citizenship.

II.    Upon filing out the application, the applicant is required to submit the requisite documents online including but not limited to Expired Indian passport copies, Renunciation Certificate etc to support the application.

III.     After filling the application and uploading the documents, the applicant is required to submit the application online. Pursuant thereto, the Applicant is required to submit the application along with the copies of the application at the concerned Indian mission office.

Note:
Once the application is submitted online, the Applicants are required to submit the application along with the copies of the documents at the relevant Indian mission office/ Embassy in their Country.

IV.    Upon submission, the Concerned mission office shall send the application with a report to the Ministry of Home Affairs for further verification and approval. Once the MHA is satisfied with the Application, the individual will be required to submit an additional declaration in the form of an Affidavit and Oath of Allegiance as per the requirement of the Central Government to resume Citizenship of India.

V.    Once all the due requirements are met and the Central Government is satisfied, Resumption Certificate shall be issued to the Applicant, by virtue of which he/she will resume its Indian Citizenship.

Potential Impediments affecting the outcome of resuming Citizenship of India:

Following are the impediments that can cause hinderance while resuming / reacquiring Citizenship of India:

• Availability of Criminal Record: In cases where there is a present/ past criminal record available against the individual, it will potentially affect the outcome of resuming Citizenship of India.
• Renunciation of Citizenship: India does not allow dual Citizenship; therefore, the Applicants are advised to renounce their present Citizenship in order to obtain Indian Citizenship.
• Barred by Law: Those Individuals who are barred by law cannot resume Indian Citizenship.

Way Forward

Former Citizens of India who are planning to resume their Indian Citizenship are required to comply with the set regulations in place and should consult a professional who is well versed and has adequate knowledge and can aid in securing Indian Citizenship.