Can Chinese national apply Indian nationality?



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Old Mar 30th, 2009, 19:14   #1
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Question Can Chinese national apply Indian nationality?

Dear all,

I am an indian national and my wife is a chinese natinal. we are currently living in Bangalore. my question is -- can my wife apply indian nationality after few years of stay in india?

Thanks
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Old Mar 30th, 2009, 19:21   #2
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I believe it is possible - she can first apply for a PIO card after a certain length of time of marriage. Citizenship is after quite a number of years (I'm not sure exact no. have heard something like 6). Best of all is for you to make a visit to the FRRO office in Bangalore and make enquiries there.
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Old Mar 30th, 2009, 19:29   #3
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Thanks for ur reply. she can not get a PIO card since she's a chinese national. (
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Old Mar 30th, 2009, 19:33   #4
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You have to have resided in India for at least 12 years before you can apply for citizenship by naturalisation, but doing this means having to give up the citizenship of your country of birth, which may or may not be desirable.
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Old Mar 31st, 2009, 00:21   #5
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That's section 6.

Check out section 5
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Old Mar 31st, 2009, 00:53   #6
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Quote:
Originally Posted by Nick-H View Post
Check out section 5
You're absolutely right (can't imagine why you'd know anything about these issues ) thanks for the continuing education.

Zahid, under the provisions of Section 5 (1)(c) someone married to an Indian citizen has to normally reside in India for "only" seven years before applying for citizenship.
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Old Mar 31st, 2009, 01:38   #7
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Always a pleasure to bash an immigration ping-pong ball too and fro with you


And here's a curious thing: does this link not say five years, or is it that I drove too many miles today and can't see the screen clearly? I wonder which is the correct current document.
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Old Mar 31st, 2009, 03:05   #8
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Quote:
Originally Posted by Nick-H View Post
Always a pleasure to bash an immigration ping-pong ball too and fro with you
Who would think immigration issues could be such fun!

Quote:
And here's a curious thing: does this link not say five years
It does, which is indeed curious because both our links have exactly the same application form, which says that one plus six years are needed. The exact words are:
Quote:
http://mha.nic.in/citizenship/forms/citi_form-2.pdf

Form II
The Citizenship Act, 1955-section 5(1)(c)
APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(c) OF THE ACT MADE BY A PERSON WHO IS/HAS BEEN MARRIED TO A CITIZEN OF INDIA

7 (b) I have resided India throughout the period of 12 months immediately preceding the date of application. Yes/No

7 (c) During the eight years immediately Preceding the said period of twelve Months, I have resided in India for Period amounting in the aggregate to Not less than six years. Yes/No
Both our links are only guides to the act, but there does not seem to be any doubt about the section of the act which covers this, I have turned up a PDF scan of the actual Citizenship Act, 1955 itself.

Section 5.1.c (on page six) refers to:

Quote:
http://mha.nic.in/pdfs/ic_act55.pdf
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.
So that seems pretty clear.
Quote:
I wonder which is the correct current document.
I suspect the seven years is correct, and the five years in your link is a typo.
To be honest what worries me more in your document is this:
Quote:
Registration of overseas citizens of India (Section 7 A)
“THE OVERSEAS INDIAN CITIZENSHIP (OIC) SCHEME HAS BEEN PUT ON HOLD TILL FURTHER ORDERS. NO APPLICATIONS FOR GRANT OF OIC MAY BE FILED. REVISED PROCEDURE AND FORMS SHALL BE POSTED IN DUE COURSE.”
However, do I recall your posting about this statement a while back? As far as I am aware, the OCI programme has shown no other sign of being suspended.
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Old Mar 31st, 2009, 05:52   #9
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Zahid, I won't be of any help but, wanted to say Congratulations on your wedding!! I remember you asking for help in this regard a while back. You have succeeded in one challenge. Now it is time to move on to the next.
Good Luck!
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Old Mar 31st, 2009, 16:03   #10
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Ah yes, the OIC thing did have a false start --- and that is an indication of the last time anybody checked the web page.
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Old Mar 31st, 2009, 19:51   #11
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Zahid, your wife will be entitled to a PIO card because she is married to you, an Indian National. There is a qualifying period of time before she can get it - something like 2 years currently I believe. It seems to vary according to which country one applies for it from. It can also be applied for in India.

Nick - is OIC the same as OCI? It's all very confusing isn't it?!
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Old Mar 31st, 2009, 23:17   #12
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Sorry, my mistake... OCI
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Old Mar 31st, 2009, 23:33   #13
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Quote:
Originally Posted by Nick-H View Post
Sorry, my mistake...
No, you're in the clear, it's the mistake of the Ministry of Home Affairs, quoted earlier as below. It's useful to know the acronym is interchangeable.

Quote:
MHI
THE OVERSEAS INDIAN CITIZENSHIP (OIC) SCHEME
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Old Apr 1st, 2009, 08:35   #14
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Thanks Nick and Haylo - cleared it up for me. I was starting to think OIC is another category altogether.
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Old Apr 1st, 2009, 18:05   #15
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Ah! Thanks, Haylo... I always used to call it OIC, good to know I got it somewhere!
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