How To Get Indian Citizenship Back if you are an Australian Citizen?

Do you at times miss the memories of India while enjoying the Aussie sun?

Ever wondered how to regain Indian citizenship while being an Australian citizen?

So this blog is all about for you as it simplifies the legal details, helping you understand the process and make informed decisions.

But before that, let’s first understand a few concepts!

What Is Dual Citizenship?

India, with a few exceptions, doesn’t officially recognise dual citizenship.

Obtaining Australian citizenship automatically means losing your Indian citizenship unless you fall under specific categories allowed by the Indian Citizenship Act, of 1955.

However, the Act also holds provisions for reacquiring Indian citizenship, offering a potential pathway back.

Talking in line with this, there are two terms which you need to understand the process of getting Indian citizenship back.

Let’s dive deeper and understand it.

Renunciation vs. Re-acquisition

Renunciation is something which is about voluntarily giving up your citizenship, while termination refers to the government revoking it under specific circumstances, like fraudulent acquisition.

In this blog, we’re focusing on the proactive act of reclaiming what was once relinquished.

The Journey to Reclaiming Indian Citizenship

#1 Understanding the Transition

When you become an Australian citizen or a citizen of another country, you have to renounce your Indian citizenship. This step is essential to complete the legal transition.

Many individuals opt for an Overseas Citizenship of India (OCI) card, granting them various rights similar to those of Indian citizens, except for voting and contesting elections.

#2 The OCI Card Option

The OCI card is a popular choice for former Indian citizens.

It offers unlimited travel and stays privileges in India. However, if you wish to go beyond an OCI card and reclaim your Indian passport, you can do so through a process known as Indian Citizenship by registration.

#3 Indian Citizenship by Registration

According to Melbourne-based migration, Indian law allows individuals to reclaim citizenship through registration.

This falls under Section 5(1) of the Indian Citizenship Act, which states that persons of Indian origin, residing in India for seven years before applying, are eligible.

#4 Exemption for OCI Card Holders

If you hold an OCI card and have been residing in India for one year before applying, you are exempt from the seven-year residency requirement.

This exemption makes the process more accessible for those who have maintained a strong connection with India through the OCI card.

What is The Application Process To Get Back Indian Citizenship?

To start the process, applicants must submit the relevant form for Indian citizenship by registration to the Collector/District Magistrate of their residential area.

#1 Eligibility Product

The Collector/District Magistrate reviews the application’s eligibility and suitability, forwarding it to the concerned State Government/UT Administration within 60 days.

#2 Ministry of Home Affairs Evaluation

The State Government/UT Administration then sends the application to the Ministry of Home Affairs (MHA), Government of India, within 30 days. The MHA thoroughly examines the application before making a decision.

It’s crucial to note that acquiring Indian citizenship requires renouncing any other citizenship, as India does not allow dual citizenship.

Therefore, you should refrain from renouncing your foreign citizenship until the Indian citizenship application is accepted.

A Few Legal Aspects To Consider

Following are a few of the legal aspects which you must be mindful of.

#1 Dual Nationality Constraints

The Constitution of India prohibits holding Indian citizenship and citizenship of a foreign country simultaneously.

However, the OCI status is a form of ‘dual citizenship,’ allowing certain benefits without compromising voting rights or eligibility for key constitutional posts.

#2 Consular Assistance Reminder

Regardless of dual nationality, Australian citizens are allowed consular assistance from Australia.

However, international laws may vary, and countries may not always recognise dual nationality. You should be aware that consular assistance cannot override local laws.

CONCLUSION:

While legal frameworks guide the process, don’t forget the human element.

Reacquiring Indian citizenship is often a deeply personal decision which is driven by cultural ties, family connections, and a desire for belonging.

The OCI requirements and the Citizenship Act actually play a major role in getting back Indian citizenship.

We hope that this guide has simplified the complexities and will help you to make informed decisions on your journey back to your Indian roots.