65. Reclaiming Indian Citizenship -
How to get back Indian Citizenship
Q: Hi, I have some questions regarding dual citizenship.
1) I am originally an Indian citizen but recently taken
Australian citizenship and applied for OCI.
Now I wish to go back to Indian for good in the year 2012. I
have a house and also got a family business in India. Now
what happens to those when I take OCI and Australian
Citizenship ?? Also If I wish to set up a company in Indian
next year by
buying a shop, what are the steps I have to take ??
Can I do any business ?? Also down the track I wish to
surrender my Australian citizenship and get back my Indian
citizenship ? can I do that ?
Warm Regards
Biswadeep ( Hochi )
A. 1. Taking foreign citizenship and OCI does not affect
ownership of your property in India.
2. OCI is a lifelong visa for India and treats you at par with
other Indian nationals. You can buy a shop, do business and
live in India.
3. You can probably apply for Indian citizenship after one
years stay in India. Reference: Citizenship Act 1955 Section 5
Subsection f (excerpt below)
(f)a person of full age and capacity who, or either of his
parents, was earlier citizen of independent India, and has
been residing in India for one year immediately before
making an application for registration;
Please note that Registered OCI’s may be granted Indian
citizenship after 5 years from date of registration provided
they stay one year in India before making an application for
citizenship.
As regards to your desire to surrender Australian citizenship is
concerned, India does not allow their citizens to hold foreign
passports. Once you get Indian citizenship you will have no
choice but to give up Australian citizenship.
A large number of Indians returning for permanent settlement
probably choose to use their OCI status to live in India and do
not apply for Indian citizenship because they want to retain
their foreign citizenships
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