Citizenship
2 years ago
Hello
I am an Indian citizen and my boyfriend is srilankan expatriate so if we register our marriage legally will my boyfriend receive Indian citizenship and Indian passport
A.Your boyfriend can receive Indian citizenship only after expiry years when he applies as per the law prescribed in Section 5 of Citizenship Act, 1955.
You can also read a blog on Marriage with a foreigner here https://www.vidhikarya.com/legal-blog/marriage-with-a-foreigner
Section 5 in the Citizenship Act, 1955
5. Citizenship by registration.—1[
(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:—
(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for 2[one year] before making an application for registration. 3[one year] before making an application for registration." Statement of Objects and Reasons [The Citizenship (Amendment) Act, 2005] To reduce the period of residence in India from two years to one year for the persons registered as Overseas Citizens of India to acquire Indian citizenship. Explanation 1.—For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if—
(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.—For the purposes of this sub-section, a person shall be deemed to be 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 day of August, 1947.]
(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule.
(3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.
(4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India.
(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so regisÂtered; and a person registered under the provisions of clause(b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 3[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.]
You can also read a blog on Marriage with a foreigner here https://www.vidhikarya.com/legal-blog/marriage-with-a-foreigner
Section 5 in the Citizenship Act, 1955
5. Citizenship by registration.—1[
(1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:—
(a) a person of Indian origin who are ordinarily resident in India for seven years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for 2[one year] before making an application for registration. 3[one year] before making an application for registration." Statement of Objects and Reasons [The Citizenship (Amendment) Act, 2005] To reduce the period of residence in India from two years to one year for the persons registered as Overseas Citizens of India to acquire Indian citizenship. Explanation 1.—For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if—
(i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and
(ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years. Explanation 2.—For the purposes of this sub-section, a person shall be deemed to be 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 day of August, 1947.]
(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule.
(3) No person who has renounced, or has been deprived of, his Indian citizenship or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.
(4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India.
(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so regisÂtered; and a person registered under the provisions of clause(b)(ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later. 3[(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.]
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Sidhaarth
Responded 2 years ago
A.No. On marriage your boyfriend shall not be entitled to Indian citizenship and shall not become Indian citizen.
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A.Hey,
If your boyfriend wants to be Indian then he could so after 7 years marriage and he is an ordinary citizen in India. Your boyfriend can apply under section 5 of Citizenship act of the legislation after meeting the minimum requirement of the law.
If you find my answer useful then please rate my answer. Thank you
If your boyfriend wants to be Indian then he could so after 7 years marriage and he is an ordinary citizen in India. Your boyfriend can apply under section 5 of Citizenship act of the legislation after meeting the minimum requirement of the law.
If you find my answer useful then please rate my answer. Thank you
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
As per citizenship rules in India, if your husband wants to get Indian Citizenship then he should be India after marriage for seven years and then apply for citizenship under citizenship act, 1955.
If you find his helpful, please rate my answer. Thank you
As per citizenship rules in India, if your husband wants to get Indian Citizenship then he should be India after marriage for seven years and then apply for citizenship under citizenship act, 1955.
If you find his helpful, please rate my answer. Thank you
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NITHYANANDAN SUNDARESAN
Responded 2 years ago
A.Dear client, Your boyfriend should be either Sri Lankan citizen or he should convert fully a Indian citizen he can't claim both citizenship if you want to marry he should be Indian citizen then only he can register in registration office and legally valid and also consult a Immigration lawyer both India and Sri Lanka on this issue.
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