NATIONALITY CLIAM
khadeer
(Querist) 30 May 2009
This query is : Resolved
SIR, I'M AN INDIAN NATIONAL WORKING IN SAUDI ARABIA I GOT MARRIED TO A PHILIPPINO NATIONAL IN 2007, OUR WEDDING WAS HELD IN HYDERABAD INDIA, NOW I HAVE SON WHO HOLD A INDIAN PASPORT FROM INDIAN MISSION HERE IN SAUDIA ARABIA, EVERY TIME MY WIFE WANTS GO TO INDIA SHE HAS GIVEN ONLY 6 MONTHS SINGLE ENTRY VISA, NEXT YEAR I'M PLANING TO SEND MY WIFE AND CHILD TO INDIA SO THAT WE CAN ENROLL HIM IN THE SCHOOL FOR THAT MY WIFE HAS TO BE IN INDIA WITH HIM, I NEED TO FIND A WAY FOR THIS. HOW CAN I CLAIM INDIAN NATIONALITY FOR MY WIFE IN THIS CASE. THNAKS.
Khaleel Ahmed Mohammed
(Expert) 30 May 2009
Dear Khadeer,
The section 5 of the Citizenship Act 1955 says,
5. Citizenship by registration
(1) Subject to the provisions of this section and such conditions and restrictions as may be prescribed, the prescribed authority may, on application made in this behalf, register as a citizen of India any person who is not already such citizen by virtue of the Constitution or by virtue of any of the other provisions of this Act and belongs to any of the following categories,-
(a) persons of Indian origin who are ordinarily resident in India and have been resident for five years immediately before making an application for registration;
(b) persons of Indian origin who are ordinarily resident in any country or place outside undivided India;
(c) persons who are, or have been, married to citizens of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration.
(d) minor children of persons who are citizens of India; and
(e) persons of full age and capacity who are citizens of a country specified in Schedule I:
PROVIDED that in prescribing the conditions and restrictions subject to which persons of any such country may be registered as citizens of India under this clause, the Central Government shall have due regard to the conditions subject to which citizens of India may, by law or practice of that country, become citizens of that country by registration.
Explanation : 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.
(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 Schedule II.
(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 registered; 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.
Your wife is not entitle to file application before competent authority as she has married you in the year 2007 as you have stated.
The section 5 C says, persons who are, or have been, married to citizens of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration
khadeer
(Querist) 17 June 2009
Sir, very thankfull for your very elobrated answer, i just wanted you alobrate on the last words of section 5c what exatly the meaning of this words "ordinarily resident in India" AND HOW RELEVENT THIS TO ME? more over as i stated that me and my wife is liveing in saudi arabia, every time she get the visa for only 6 months in this case how to reach the stage of 5 years, i'm not in a hurry in getting nationality for my wife rather my urgency is to keep her in india with my family LEGALLY, i'll be very much greatfull to you.
thanks a lot. God bless.
M/s. Y-not legal services
(Expert) 16 September 2010
