Grant of Indian citizenship to a foreign national married to an Indian national

Some Indians have enquired about the grant of Indian citizenship to a foreign national married to an Indian national. A foreign national married to an Indian national is eligible for the following:

1.  Person of Indian Origin(PIO CARD):

Any person who is spouse of a citizen of India or a Person of Indian Originas mentioned below:

i.                    who at any time held an Indian Passport; or 

ii.           he/she or either of his/her parents or grandparents or great grandparents was born in an permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any country as may be specified by Central Government from time to time.

is entitled for a PIO Card. The card allows visa free travel to India and gives several benefits to the card holder. A PIO Card is valid for 15 years. The scheme is broad-based, covers up to four generations and also the foreign spouse of a citizen of India or a PIO.

2.  Indian Citizenship by Registration (Section 5(1)(C))

Indian Citizenship by registration can be acquired under Section 5(1)(C) by a person, who is married to a citizen of India and who are ordinarily resident in India for seven years before making application.

• In computing the period of seven years, any broken period of residence shall be included in the period specified therein.

3.  Indian Citizenship by Registration (Section 5(1)(d))

Minor children of a person who is Indian citizen can register for Indian Citizenship under section 5(1)(d).

• Application for registration of birth of his minor child born outside India to a person who is citizen of India has to be submitted at the Embassy within one year of the birth, for which parents have to submit a declaration that the child does not hold passport of another country. In cases where the request for registration of birth of the child is made after expiry of one year of the birth of the child, approval from Ministry of Home Affairs, New Delhi is required and applicant has to apply online for registration of the birth of the child. Online application can be made at the following link:

https://indiancitizenshiponline.nic.in/ic_form_public.aspx

4.  Indian Citizenship by Registration for persons of full age:

A Person of full age and capacity who, or either of his/her parents was earlier citizen of Independent India, and residing in India for one year immediately before making application for registration.

• A Person of full age and capacity who has been registered as an Overseas Citizen of India (OCI) for five years and who has been residing in India for one year before making application for application of registration.

Clarification: A person shall be deemed to be a Person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th August, 1947.