The Citizenship Act of India, 1955 provides for acquiring Indian Citizenship by:
- Birth
- Descent
- Registration
- Naturalisation
- Incorporation of Territory
Citizenship by Naturalization:
Citizenship of India by naturalization can be acquired by a Foreigner who is not an illegal migrant and has been living in India for twelve years (throughout the period of twelve months right before date of application and for eleven years in the aggregate in the fourteen years prior to the twelve months).
Persons eligible for acquiring citizenship by Naturalization:
A person shall become eligible for acquiring citizenship through naturalization if the said person fulfils the following criteria:
- The said person has either resided in India or has been in Government service in India throughout the period of 12 months right before the date of application. If the said person meets any one or both conditions, then he/she is eligible for acquiring citizenship.
- The person has either lived in India or been in government service in India for a period of not less than 11 years in aggregate in the fourteen years prior to the twelve months. If the said person meets any one or both these conditions then he/she is eligible to obtain citizenship.
- The said person is of good character.
- The said person has requisite knowledge of a language stated in the Eighth Schedule to the Constitution.
Persons eligible to acquire citizenship by Naturalisation under CAA:
1. Person must be a National of one of the following countries:
- Pakistan
- Afghanistan
- Bangladesh
2. Person belongs to any one of the following minority communities in the respective country:
- Hindu
- Sikh
- Jain
- Buddhist
- Parsi
- Christian
3. Person must have entered India on or before 31st December 2014.
4. A person of full age and capacity may apply for grant of citizenship. A person shall be qualified under naturalization, if he/she fulfils the following criteria:
- Such person has either resided in India or been in Indian Government service in India or partly in one and partly the other, during the twelve months right before the date of application; and
- Such person has either resided in India or been in Indian Government service during fourteen-year period just before the said period of twelve months. If the person meets any of these conditions for the period of not less than five years in aggregate.
- Such person is of a good character; and
- Such person has sufficient knowledge of a language specified in the Eighth Schedule to the Constitution.
Procedure for acquiring Indian Citizenship through Naturalization
1. The Applicant is required to visit online portal for applying for citizenship through naturalization and selecting relevant category.
2. Pursuant thereto the Applicant is required to fill Form.
3. The Applicant shall be required to fill in personal details and upload supporting documents at the time of filling the Application Form.
4. Once the form has been filled and verified by the Applicant, he/she is required to submit the final form to the Ministry of Home Affairs (MHA). The Form cannot be modified once the same is submitted.
5. After the final submission of the application, an MHA file number shall be generated on the system for the Applicant to upload documents.
6. Once the documents are uploaded and submitted, the Applicant is required to make payment towards the citizenship application.
7. The applicant after making the payment has to submit the self-attested hard copy of online application along with other necessary documents in triplicate to the District Magistrate/Collector/Deputy Commissioner of the area where the applicant is residing for obtaining the citizenship. The Applicant has to self-attest the photocopies of the supporting documents enclosed with the application.
8. The SDM Office typically takes 30-60 days to process the application unless any objection arises. Thereafter the application is forwarded by the concerned Collector/District Magistrate/Deputy Commissioner to the Ministry of Home Affairs (M.H.A.) through the State Government/ Union Territory concerned.
9. Once the competent authority decides to accept the citizenship application, the Applicant shall be issued an acceptance letter. The Applicant shall also receive an alert on registered email ID and SMS on the mobile number.
10. On receiving above mentioned acceptance letter, the Applicant is required to fill the relevant form and thereafter upload all the required documents.
11. Applicant are also required to submit hardcopy of filled Form in the Office of District Collector along with original Renunciation Certificate or Affidavit (if applicable), oath of allegiance, receipt of payment, three passport size photographs, and three specimen signatures of the Applicant.
12. Once the citizenship is granted to the Applicant, the Citizenship Certificate shall be forwarded to the concerned State Govt./District Collector and the Applicant shall be informed to collect the same from the office.
Conclusion
Accordingly, the persons fulfilling the criteria as mentioned above can acquire citizenship by way of naturalization in terms of the provisions provided in the Indian Citizenship Act, 1955 as well as CAA.