Losing Indian citizenship can be a difficult and emotional experience for many people. Some may give up their Indian passport for practical reasons like gaining citizenship in another country that doesn’t allow dual nationality. Others may feel pushed to renounce due to discrimination or lack of opportunities in India. Whatever the reason, there often comes a time when former Indian citizens wish to regain their citizenship in the country of their birth or ancestry.
The process of restoring Indian citizenship after renunciation is possible but can be complicated. India restored dual citizenship in 2005, allowing people to re-obtain Indian nationality while holding citizenship elsewhere. However, there are still restrictions and requirements to meet. This article will provide an overview of regaining Indian citizenship after renunciation, including:
- Background on Indian citizenship laws
- Requirements and process for re-obtaining Indian citizenship
- Challenges and restrictions to be aware of
- How long it takes to regain citizenship
- Critical tips for submitting a successful application
If you have renounced your Indian citizenship in the past and now wish to get it back, read on for essential information.
Background on Indian Citizenship Laws
India’s laws regarding citizenship, naturalization, and renunciation have evolved over the decades since independence in 1947. Here is some relevant historical background:
- Up until 1987, India did not allow dual citizenship. Indian citizens who naturalized as citizens of another country automatically lost their Indian nationality.
- In 2005, India amended citizenship laws to restore dual citizenship. People of Indian origin could now re-acquire Indian nationality while holding a foreign passport.
- Overseas Citizenship of India (OCI) was introduced in 2005 as a sort of lifelong visa status for foreign citizens of Indian origin. It provides some privileges of citizenship except for political rights and government jobs.
- Between 2010 to 2020, the Indian government made the process stricter for renunciation of Indian citizenship, mandating that all citizens report any foreign nationality or OCI status.
So in summary, Indian citizenship law has become more flexible in recent decades. Giving up Indian nationality no longer has to be a permanent arrangement if you are willing to go through the process to restore it.
Requirements for Restoring Indian Citizenship
If you previously held an Indian passport that you surrendered or cancelled, you may be able to reacquire Indian citizenship by naturalization or registration. Here are the key requirements:
For citizenship by naturalization
You must:
- Have given up or lost Indian citizenship (i.e. you are currently holding a “foreign” passport)
- Have resided in India for at least 1 year before applying
- Have renounced any other foreign citizenship and surrendered any foreign passport/citizenship documents
- Intend to reside in India after naturalization
- Be of good character
- Take the oath of allegiance to the Indian constitution
For citizenship by registration
You must:
- Be eligible under Section 5 or Section 6 of the Indian Citizenship Act
- Have renounced any other foreign citizenship and surrendered any foreign passport/documents
- Be of good character
- Take the oath of allegiance to the constitution of India
Section 5 applies to individuals who are/were Indian citizens previously. This includes:
- People who voluntarily renounced Indian citizenship to acquire another country’s citizenship
- Minor children of Indian citizen parents where one parent renounces their citizenship
- People whose Indian citizenship automatically terminated due to reasons like acquisition of foreign nationality
- Grandchildren born to Indian nationals abroad who are citizens of another country
Section 6 applies to certain categories like women who married Indian men and children adopted by Indian parents while abroad.
So in summary, the main requirements are previous Indian citizenship, renunciation of current foreign citizenship, residence in India, and good character.
Process for Restoring Indian Citizenship
If you meet the eligibility criteria, follow these steps to apply for regaining Indian citizenship:
- Determine your closest Indian High Commission, Consulate General’s Office, or Consulate that processes citizenship applications and has jurisdiction where you reside.
- Gather and prepare all required paperwork and documents:
- Application form
- Evidence of former Indian nationality (e.g. previous passport, OCI booklet, birth certificate, etc)
- Proof of renunciation of most recent foreign citizenship and passport
- Evidence of residence in India
- Other documents like marriage certificate, birth certificate, adoption papers etc. if relevant
- Submit completed application form along with supporting documents and fees to the Indian mission.
- Attend interview at the Indian mission on your application.
- If approved, take oath of allegiance to Indian constitution.
- Obtain certificate of naturalization or registration from the Indian government.
- Surrender any foreign passports and obtain an Indian passport.
This entire process can take 12-18 months in straightforward cases. Complications or lack of documents can cause delays.
Challenges and Restrictions
While reacquiring Indian citizenship is possible in most cases, applicants should be aware of these challenges and restrictions:
- Time and hassle – You will need to submit a mountain of paperwork, affidavits, proofs, and more. It can take over a year to get approval.
- Security checks – Your application can get stuck in lengthy background verifications by Indian security agencies. Any past issues with the law or security risks can jeopardize the application.
- Tax compliance – You may need to provide tax clearance certificates from India and other countries regarding your compliance with tax laws.
- Visa restrictions – Certain OCI visa restrictions may apply even if you regain Indian citizenship. For example, if your spouse is from Pakistan, Bangladesh, etc.
- Career impact – You will likely need to start over building your career in India. Previous accomplishments may not transfer over.
- Bureaucracy – Dealing with red tape and bureaucracy when trying to get documents, affidavits, or petitions from government entities in India.
So while restoring Indian citizenship is possible, applicants should carefully consider the time commitment, paperwork hassles, costs, and potential limitations.
How Long Does It Take to Regain Indian Citizenship?
The time it takes to reobtain Indian citizenship can vary greatly based on your specific situation. Some general timelines:
- 6-12 months – For straightforward cases with all documents readily available
- 12-18 months – Normal processing time for most applications
- 2+ years – Applications delayed due to security checks, missing documents, or other complications
Here are some factors that can influence the processing time:
- Where you currently reside – Applications from nearby countries may be faster
- How long you lived abroad – More time abroad means longer security checks
- Document availability – Lacking key documents causes delays
- Past complications – Any dual citizenship or law violations prolong the process
- Application errors – Mistakes lead to rejections and reapplications
Essentially, a straightforward case with an applicant living nearby India, holding all necessary documents, and no major complications can potentially be completed in 6-12 months.
More complex cases with applicants abroad, missing paperwork, and past issues could take over 2 years in some cases. The key is ensuring you meet all requirements and submit a very robust application.
Tips for a Successful Application
Here are some important tips for submitting an Indian citizenship application that gets approved quickly with minimal hassles:
- Consult experts – Hire an immigration attorney familiar with Indian nationality law to assist with your case.
- Check eligibility – Verify you meet all criteria for naturalization registration before applying.
- Document thoroughly – Provide every document required, obtain certified copies and notarizations.
- Give accurate information – Any inaccuracies or false statements will invalidate your application.
- Comply with laws – Follow all laws in India and your current country of residence.
- Be patient – Expect a long processing time and be patient with document requests and questions.
Restoring Indian citizenship is a very bureaucratic process with much complexity. Having expert guidance and submitting a complete, truthful application gives you the best chance for success.
Conclusion
Losing Indian nationality does not have to be a permanent arrangement today. The process of regaining Indian citizenship after renunciation is possible in most cases if you meet the requirements of naturalization or registration.
However, applicants must be ready for a long bureaucratic process often taking 12-18 months. Patience is key when navigating the various steps of document submission, security checks, interviews, oaths and acquiring your Indian passport again. Hiring an immigration attorney well-versed in Indian laws can help avoid common pitfalls.
While reacquiring Indian citizenship has its challenges and restrictions, it ultimately opens up access once again to the country and society that former citizens may still feel very much attached to. With persistence and meticulous attention to the application process, Indian citizenship can be restored in many cases after prior renunciation.