October 24, 2018

Govt. publishes revised form for declaration of renunciation by Indian citizens


The Indian government has recently published a revised form for the declaration of renunciation by Indian citizens. The revised form has now made it mandatory for an applicant to specify the circumstances or reasons due to which he/she intends to acquire foreign citizenship.

Now, as per the revised form, applicants who desire to renounce Indian citizenship will have to state the circumstance in the prescribed form, and on receipt of the declaration of renunciation, the authority concerned will start the process. It is also reported that applications, however, will be processed only after the authority is satisfied with the correctness of the particulars of the declaration stated under the rules.

In this regard, notifying the Citizenship (Amendment) Rules, 2018, the Ministry of Home Affairs clarified that only one living spouse of foreign origin of a citizen of India or overseas citizen of India (OCI) would be eligible to apply for registration as an OCI cardholder.

An OCI is a multipurpose card which grants a life-long visa with multiple entries for visiting India.

According to an official from the Ministry, “This is in conformity with the law in India that bans polygamy (except in case of Muslims by virtue of their personal law)”.

Notably, as per the amendments, Persons of Indian Origin who are ordinarily resident in India for six months, spouse of a citizen of India, and minor child of a citizen of India are required to specify their religion in their applications for registration as a citizen under Section 5 of the Citizenship Act.

The official quoted, “While the Citizenship Rules required the said information to be given in the declaration of renunciation of Indian citizenship, Form XXII prescribed for the purpose did not have entries to record the same. The revised form corrects this anomaly.”

As per the revised form, an applicant is required to specify whether he/she is/was an Indian citizen by birth, descent, registration, or naturalization, as well as the circumstances that have led him/her to acquire foreign citizenship.

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