Becoming an Indian Citizen: A Comprehensive Guide for Pakistani Nationals
Transition to Indian Citizenship: A Pillar of the World's Largest Democracy
" "Seeking a new homeland and a fresh start is a significant journey, especially when considering joining a diverse and extensive democracy like India. This article guides you through the process of becoming a citizen of India, tailored specifically for Pakistani nationals who wish to leave Pakistan and reside in India. By the end of this guide, the reader will understand the various Citizenship Acquisition Methods available under the Citizenship Act 1955 and the latest policies under the Citizenship Amendment Act 2020.
" "Understanding Indian Citizenship Laws
" "Before delving into the acquisition methods, it's essential to understand the fundamental laws governing Indian citizenship. Traditionally, India follows jus sanguinis (citizenship by descent), meaning the basis for citizenship can trace back to parents or ancestors. However, to better accommodate modern realities, the country has also embraced jus soli (citizenship by birth), where children born in India to non-citizens can acquire citizenship.
" "Stages of Citizenship Acquisition in India
" "The primary means of acquiring Indian citizenship include: Citizenship at the commencement of India's constitution, Citizenship by birth, Citizenship by descent (no longer applicable in current times), Citizenship by registration, and Citizenship by naturalization.
" "Citizenship by Registration
" "Citizenship by registration is available under Section 5 of the Citizenship Act 1955. It provides pathways for several categories of foreign nationals to apply for registration of citizenship. These include:
" "- Persons of Indian origin who are ordinarily resident in India for 7 years, including at least 12 months immediately before applying, and a total of 6 years in the 8 years preceding that period.
" "- Persons of Indian origin who are ordinarily resident in a country or place outside undivided India.
" "- Persons married to a citizen of India and resided in India for 7 years including the 12 months immediately before applying.
" "- Minor children of persons who are citizens of India.
" "- Persons of full age and capacity whose parents are registered as citizens of India.
" "- Persons of full age and capacity who, either of their parents, were earlier citizens of independent India and have resided in India for 1 year immediately before applying.
" "- Persons of full age and capacity who have been registered as an Overseas Citizen of India for 5 years and have resided in India for 1 year before applying.
" "Citizenship by Naturalization
" "Citizenship by naturalization is available under Section 6 of the Citizenship Act 1955. Foreigners can acquire Indian citizenship by naturalization if they meet the following criteria:
" "- Ordinary residence in India for 12 years, with at least 11 out of the 12 years preceding the application being continuous.
" "- Other qualifications as specified in Section 61 of the Citizenship Act 1955.
" "It's important to note that the Citizenship Amendment Act 2020 has introduced reforms to expedite the naturalization process for religious minorities from certain countries, specifically: Sikhs, Hindus, Jains, and Christians who have faced persecution in their native countries, such as Pakistan, Afghanistan, and Bangladesh.
" "Key Considerations Before Applying
" "Several key points and considerations must be addressed before initiating the application process:
" "- Proper Documentation: Careful preparation of the necessary documents is critical. This includes birth certificates, marriage certificates, employment records, and proof of continuous residence.
" "- Understand Legal Requirements: Thoroughly understanding the legal framework and specific requirements for your particular eligibility category can help streamline the process and avoid delays.
" "- Reside Legally: It is essential to establish a legal residence in India before initiating the application. The application process may take time, and legal residence ensures that you can continue to reside and work in India during this period.
" "- Vetting for Illegal Migrants: While applying for citizenship, you must provide proof of legal residence and may be flagged for further vetting to ensure you are not an illegal migrant. Cooperate fully with the vetting process to avoid any delays.
" "Potential Challenges and Solutions
" "Despite the myriad pathways to citizenship, several challenges can arise during the application process. Here are some common issues and solutions:
" "- Proving Legal Residence: Establishing continuous resident proof (rent receipts, utility bills, employment records) to substantiate your legal residence in India.
" "- Past Criminal Incidents: Having a clean criminal record or obtaining clearance certificates from relevant authorities to prove your good conduct.
" "- Missed Application Deadlines: Keeping track of all application deadlines and ensuring timely submission of all required documents, including late submissions in special cases.
" "- Language Barrier: If a non-English language test is required, ensure you have the necessary language proficiency to navigate the application process.
" "Closing Thoughts
" "Becoming an Indian citizen offers numerous benefits, including voting rights, access to public services, and the freedom to call India home. While the process can be intricate, it is highly attainable with due diligence and proper preparation. Should you find any part of the process confusing or challenging, please consult a legal expert or the Indian government’s official website for guidance and support.
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