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Citizenship 7 years inclusive before & after marriage.
01-May-2023 (In Immigration Law)
As per Indian citizenship act 1955 under section 5, 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. My question is about the ordinarily resident for 7 years: Is this 7 year including before and after marriage or it is 7 years after marriage? One of my relatives is from Bangladesh. During 2007-2012 she studyied in a Jadavpur university (Kolkata) with student visa and scholarship from Bangladesh. And during 2012- current date she is staying in both the countries partly. Now she is getting married to indian citizen (2014). My query regarding this is when she will be eligible for getting the citizenship of India. Let Education_Period = 2007-2012 Partial_Period = 2012-2013 Marriage_Period = 2014+ How will the 7 year be calculated. 1. [Education_Period] + [Partial_Period] + [Marriage_Period]=7 years. 2. [Education_Period] + [Marriage_Period]=7 years. 3. [Marriage_Period]=7 years. or any other way of calculating the period?
Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days. Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956.
If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government.
The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government. she can be eligibile for any job if she meets the requirements laid down
If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government.
The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government. she can be eligibile for any job if she meets the requirements laid down
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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