Dual Citizenship Law Passed Earlier this Year!
Posted Dec 03, 2004
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Many of our clients have been contacting us at The Law Office of Sheela Murthy, P.C. to inquire about the status of dual citizenship between India and the United States. Our affiliate office in India researched the issue and informed us that the Government of India passed the Citizenship Amendment Act into law on January 7, 2004. In November 2004, representatives from The Law Office of Sheela Murthy contacted the Embassy of India in the United States (Indian Embassy) and were advised that Embassy officials were not aware of the change in the law. At that time they did not yet have procedures in place to accept applications for dual citizenship from U.S. citizens. Since our request, the Indian Embassy has updated its Consular Services WebSite. An individual living in a specified country (Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, The Netherlands, New Zealand, Portugal, Republic of Cyprus, Sweden, Switzerland, the United Kingdom, or the United States of America), who is interested and eligible to apply for Overseas Citizenship for India, should check with the Indian Embassy in the country of residence or nationality, to determine whether the Indian Embassy has begun to accept Overseas Citizenship applications.
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Eligibility for Overseas Citizenship
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The following persons are eligible to register as Overseas Citizens of India: (a) Persons of Indian Origin of full age and capacity, who are citizens of a specified country; (b) persons of full age and capacity, who obtained the citizenship of a specified country on or after the commencement of the Act and who were citizens of India immediately before such commencement; or (c) persons who are minor children of a person mentioned in clause (a) or (b). Overseas Citizen of India status is effective from the date a person registers for that status.
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For the purpose of this Act, a Person of Indian Origin (PIO) is defined as a citizen of another country, who: (a) was eligible to become a citizen of India at the time of the commencement of the Constitution; (b) belonged to a territory that became part of India after the 15th day of August 1947; and (c) the children and grandchildren of a person covered under clauses (a) and (b). This definition does not include a person who is or was at any time a citizen of Pakistan, Bangladesh, or such other country as the Central Government may, by notification in the Official Gazette, specify.
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Limited Privileges for Overseas Citizens
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Overseas Indian citizens are not entitled to the entire privileges extended to other Indian citizens. The Act provides that an overseas citizen of India shall not be entitled to: equality of opportunity in matters of public employment; election as President, Vice President, or Judge of the Supreme Court or High Court; registration as a voter; being a member of the House of the People or of the Council of States; being a member of the Legislative Assembly or a Legislative Council of a state; or appointment to public services and posts in connection with affairs of the Union or of any state, except for appointment in such services and posts as the Central Government may specify by special order in that behalf.
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How to Apply
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Applications for registration as an Overseas Citizen of India should be submitted in triplicate to one of the following locations: if the applicant is in India, to the Collector within whose jurisdiction the applicant is normally resident; if the applicant is abroad, then to the Indian Consulate, within the jurisdiction where applicant is a citizen. In both cases the application will be forwarded to the Central Government of India through the appropriate channels for adjudication.
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Persons of Indian Origin of full age and capacity who are citizens of specified countries use Form XIX to apply. Persons who are of full age and capacity, who obtained the citizenship of a specified country on or after the commencement of the Act and who were citizens of India immediately before such commencement, use Form XIX A. Children of those persons who would use Form XIX or Form XIX A use Form XIX B to apply. India charges $275 for registration, regardless which form is required. Of this, $250 is refundable if the registration as Overseas Citizen is not accepted. Processing times for registration have not yet been established.
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Renunciation of Overseas Indian Citizenship
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It is possible to renounce Overseas Indian Citizenship by filing Form XXII. The fee to renounce is $25. This renunciation will be registered by the Central Government of India. Once this application is registered, the applicant ceases to be an Overseas Citizen of India. If the person renouncing his/her Overseas Citizenship has minor children, such minor children will also cease to be overseas citizens of India. It is not clear whether these children will cease to be Overseas Citizens of India if both parents are Overseas Citizens of India and one parent renounces, but the other does not.