• Reclaiming Indian citizenship for Adults and children

It's been 2 years since we moved to OCI. All of us including children were Indian citizens. We obtained the Dutch citizenship. So if we want to now reclaim indian citizenship staying in India since more than a year, do we need to wait 5 years? If yes, is it the same for children? Or should children wait till 18 years to reclaim the indian citizenship?
Asked 10 days ago in Constitutional Law

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6 Answers

A person registered as an OCI is eligible to apply for grant of Indian Citizenship under Section 5(1)(g) of the Citizenship Act, 1955, if he/she has been registered as an OCI for five years and has been residing in India for one year , out of the five years before making the application.

 

2) A child whose parents have renounced Indian citizenship can regain their Indian citizenship by making a declaration within one year of turning 18. The declaration must state the child's wish to resume Indian citizenship

Ajay Sethi
Advocate, Mumbai
96917 Answers
7819 Consultations

To regain Indian citizenship:

  1. OCI Cardholders: After holding OCI status for five years and residing in India for at least one of those years, individuals can apply for Indian citizenship under Section 5(1)(g) of the Citizenship Act, 1955.

  2. Children of Former Citizens: A child whose parents renounced Indian citizenship may reclaim it by declaring their intent within one year after reaching 18.

 

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Shubham Goyal

Shubham Goyal
Advocate, Delhi
143 Answers

You can also apply for Indian citizenship if you've been registered as an Overseas Citizen of India (OCI) for five years and have lived in India for one year of those five years. An OCI grants many of the rights of Indian citizenship, but it's not the same.If you were a minor child when your parent renounced their Indian citizenship, you can reclaim your citizenship within one year of reaching full age.

T Kalaiselvan
Advocate, Vellore
87118 Answers
2338 Consultations

Dear Client,

To reclaim Indian citizenship after acquiring Dutch citizenship, you can apply under Section 5(1)(g) of the Citizenship Act, 1955. As per this provision, you must have been registered as an Overseas Citizen of India (OCI) for five years and have resided in India for at least one year within that period. Since you have been living in India for more than a year, you are eligible to apply.

For your children, they can also reclaim Indian citizenship under the same provisions. However, if they are minors, they can apply through you as their parent or guardian. There is no requirement for them to wait until they turn 18, they can reclaim citizenship as dependents.

Hope this answers your query

Anik Miu
Advocate, Bangalore
10159 Answers
119 Consultations

Yes for reclaiming the same you need to be registered as OCI for 5 yrs and also be residing in India for 1 year including five years above 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

- As per Indian Law, you have to wait for at least 5 years before applying for naturalization,.

- However, children who are under 18 are treated differently, and they can regain Indian citizenship without  waiting for the full 5 years.

Mohammed Shahzad
Advocate, Delhi
14495 Answers
221 Consultations

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