CAA Rules Issued: How To Apply For Indian Citizenship ? | Eligibility, Procedure, Documents Required

The Centre announced implementation of Citizenship (Amendment) Act, 2019 that paves the way for granting Indian nationality to undocumented non-Muslim migrants such as Hindus, Sikhs, Jains, Buddhists, Parsis and Christians from Pakistan, Bangladesh and Afghanistan who came to India before December 31, 2014.

The individuals who wish to become 'permanent citizens' of India has to apply through the Indian Citizenship online portal and prove their eligibility and produce the required documents in order for the 'empowered committee' to select them for taking an oath to bear 'true faith and allegiance' to the Indian Constitution.

Eligibility Criteria

As per the rules announced on Monday, individuals seeking Indian nationality under the Citizenship (Amendment) Act, 2019, must fulfill certain criteria to become eligible to apply after residing in the country for a minimum of 12 months preceding the application date.

Additionally, within the eight years immediately before these 12 months, applicants must spend a minimum of six years in the country to qualify for Indian citizenship.

The rules outline specific application categories, including those for a person of Indian origin, an individual married to an Indian citizen, a minor child of an Indian citizen, a person with Indian parents, someone with either or both parents as citizens of independent India, an individual registered as an Overseas Citizen of India cardholder, and someone seeking citizenship through naturalization.

Declaration

The applicants will also have to give a declaration that they "irrevocably" renounce the existing citizenship and that they want to make make "India as permanent home", according to the rules.

"Every application made by the applicant under sub-rule (1) shall have a declaration to the effect that the citizenship of his country shall stand renounced irrevocably in the event of his application being approved and that he shall not raise any claim on it in future," it said.

Documents Required

Those seeking citizenship by naturalisation will have to submit an affidavit verifying the correctness of the statements made in the application along with an affidavit from an Indian citizen testifying the character of the applicant.

Such candidates will also have to furnish a declaration from the applicant that he has adequate knowledge of one of the languages as specified in the Eighth Schedule to the Constitution.

The applicant shall have to provide a copy of their valid or expired Foreign Passport, Residential Permit, evidence of spouse's Indian nationality -- copy of Indian passport or birth certificate -- or a copy of marriage certificate issued by the Registrar of Marriage, depending on the case.

However, the submission of these documents are not mandatory and need to be provided, "if available".

Procedure

Step 1

The applicant has to enter the online portal.

Step 2

The applicant should click on the appropriate section of the Citizenship Act, 1955 under which applicant fulfills the eligibility criteria.

Step 3

The applicant can check eligibility criteria by clicking on ‘Eligibility Criteria’ link.

Step 4

Further they can check the required documents by clicking on ‘Required Documents’ link.

Step 5

In the next step, the applicant can check whether their case falls under passport details exemption category or not by clicking on ‘Passport Details Exemption for specific persons’ link.

Step 6

For new or fresh applications, the applicant has to click on 'Apply Online' option which will open a screen asking for their details.

Step 7

After noting down the Temporary application ID, the applicant has to fill up their details including their Father Details, Mother Details, Spouse Details, Employer Details, Passport Particulars and Details of Residence In India then fill the Enter Access Code which is showing in the page and then click on ‘Save and Next’ button.

Step 8 -10

Further they have to add details of their Address, Family, and Criminal Proceedings.

Step 11

This step required the applicant to upload their photo and required documents.

Step 12

After clicking on final submits, an MHA file number will be generated and the system would displays upload documents page where you could upload the scanned pdf documents. Applicant must note down MHA file number for access of his records in future.

Step 13

In the end, the applicant has to click on ‘Close’ button to close the pop up of MHA File Number.

Role of Empowered Committee

An application for registration or naturalisation shall be submitted by the applicant in "electronic form" to the Empowered Committee through the District Level Committee as may be notified by the Central Government.

The documents submitted by the applicants will be verified by a District Level Committee headed by Designated Officer, whose details will be specified later.

The designated officer shall also administer to the applicant the oath of allegiance and thereafter, sign the oath and forward the same in electronic form along with confirmation regarding verification of documents to the Empowered Committee.

In case the applicant fails to appear in-person to subscribe the application and take oath of allegiance despite giving reasonable opportunities, the District Level Committee shall forward such application to the Empowered Committee for consideration of refusal.

The Empowered Committee on being satisfied after making such inquiry as it considers necessary for ascertaining the suitability of the applicant that he is a fit and proper person to be registered or naturalised, as the case may be, it may grant him the citizenship of India.

Once cleared by the Empowered Committee, applicants getting registered as the citizen of India under the new Citizenship (Amendment) Act, 2019 rules will get a "digital certificate" and a hard copy will be provided after a request is made by the applicant, the new rules said.

The certificate shall be digitally signed or signed by the Chairman of Empowered Committee.

People getting citizenship by naturalisation shall be issued a digital certificate of naturalisation by the committee.

For cleared applications

All cleared applicants shall have to take an oath of allegiance affirming that they will "bear true faith and allegiance to the Constitution of India" as by law established and that they would "faithfully observe the laws of India" and "fulfill" their duties as a citizen of India, the rules said.