urgent query
mohua dattagupta
(Querist) 15 February 2010
This query is : Resolved
Is there any legal requirement to be complied with if the employee of an Indian Company (not a director) is having both the citizenship of both India and another country. He is only an employee and not a director of the Indian company. Pls. advise.........it's urgent.
Guest
(Expert) 15 February 2010
yes..... pls see the following link
http://www.indiandiaspora.nic.in/diasporapdf/chapter36.pdf.
Dual citizenship or dual nationality is simply being a citizen of two countries. For example, if you were born in Mexico you are a native-born Mexican. If you move to the United States and become a naturalized US citizen, you now have dual citizenship. Dual citizens can carry two passports and essentially live, work, and travel freely within their native and naturalized countries. Some dual citizens also enjoy the privilege of voting in both countries, owning property in both countries, and having government health care in both countries.
Dual citizenship is becoming more common in our increasingly interconnected, global economy. Many countries are now seeing the advantages of dual citizenship and are liberalizing their citizenship laws Dual citizenship has the advantages of broadening a country’s economic base by promoting trade and investment between the dual citizen’s two respective countries.
Some countries do not allow dual citizenship. For example, if you were born South Korea and become a US citizen, you will most likely lose your Korean citizenship if the Korean government finds out about it. But an increasing number of these countries that prohibit dual citizenship are not enforcing their laws regarding dual citizenship. So, you may informally have dual citizenship if your native country does not take away your citizenship after you become a US citizen.
On January 9, 2003, the then Indian Prime Minister, Mr Atal Behari Vajpayee, made along awaited statement: India would grant dual citizenship to certain groups of Persons of Indian Origin. Indian-Americans got the connection they had long wanted with their home country. Analysts both in the United States and India view the granting of dual citizenship, and the growing political mobilization of the Indian-American community, positively. In the United States, Indian-Americans are seen as the educated, technologically savvy, and wealthy minority that not only has a growing political influence but a group that could attain a bargaining power. In India, the Indian-American community is now viewed as helping further Indian foreign policy and security goals as well as contributing towards its economic development.
It may be inferred from the preceding analysis of various nationality laws that, whatever the provisions are, whether they are based on jus sanguinis or jus soli or a mixture of both, and whether or not the legislator has taken particular precautions, the existence of dual nationality is unavoidable under the present circumstances.
As long as Governments maintain the principle stated in The Hague Convention of 1930 that "It is for each State to determine under its own laws who are its nationals", dual or multiple nationality is bound to arise. As for married women, dual nationality is a consequence of modern trends towards the legal equality of the sexes. Nor is it to be expected or even to be hoped that in the near future Governments will be eager to abandon the principle that legislation on nationality belongs to the domaine reserve.
Present conditions would seem to indicate that States would wish to increase rather than relax their hold on their citizens. But even if all States were to adopt identical laws on nationality - it suffices to mention here the famous Carlier Case dual nationality would not necessarily be limited. Dual Nationality is therefore, in the main, the consequence of conflicts of laws.
Also when we see a larger issue of Dual Citizenship and its impact on the Domicile of a person it can be said that while a person can be stateless, or have more than one nationality at the same time, he cannot be without a domicile, and can only have a single domicile at any one time. Thus, this preposition highlights an unanswered question as to the fact that why can’t there be two domicile just as Dual Citizenship? Even if a person is presumed to have two domiciles as in Australia: one for matrimonial causes and another for other issues, it will give rise to large complex issues and more problems than what has been discussed in this Project Paper with respect to Dual Citizenship.
