Q.967 German citizenship is

attained at birth if one parent is

German

Question: HI Mr. Chand I am reading your website and really thank full for resolving many questions. I have few more question can u please help me out to get a better idea in these open questions I am Indian currently staying in Germany and will be eligible for German citizenship. I am thinking of to apply for it but before wanted to get clear about following questions 1. After getting German citizenship I will apply for OCI and after some years for good cause if I go back and settle down in India. Due to some reasons at that time If I want to apply for Indian citizenship is it possible? I read in questioners that If I have OCI for 5yrs and if I stay for 1 year before applying for citizenship then I will get Indian citizenship. What If lets say I completed only 3 yrs after applying OCI card and also I stayed for 1 year in India then am I still not eligible to apply for citizenship right? How to get Indian citizenship in this case if 5 yrs is not completed have to wait for the period completion or? 2. My wife want to retain her Indian passport and we dont have kids yet. If I get a kid after getting my German citizenship can we choose his citizenship status either Indian or German? 3. If we choose for German citizenship for our kid (minor) and if we go back and settle in India and due to some strong reason we would like to change his citizenship to Indian is it possible in minor period. I read in your website that without completing 18 yrs age it is not possible but there is also exception when the minor able to convince the consulate person then he can get Indian citizenship but is it also valid for German nationality or only US do that? I am not clear with this point can u please elaborate it ? 5. In question 323 u said to a parent that if she would have registered the birth of the kid in Canadian consulate and get Indian citizenship and after the kid become major he can reclaim his Canadian passport? Is it possible to any country (Germany too) or did I understood wrongly the point? 6. After starting Modis government there are lot of new reforms and schemes came up for NRIs and is there any near by chance or any discussions came up till now to think about dual citizenship? If u have any info on it please throw a light on it. Best regards Best regards/ Mit fruendlichen Grüßen Naren. Answer: Regarding your questions: 1. Yes! you will have to wait until five years are completed from the time you acquired OCI. As per the provisions of section 5(1) (g) of the Citizenship Act,1955, a person who is registered as an OCI for 5 years and residing in India for one year before making application 2. Once you become a German citizen and then your child is born, as per law, German citizenship is attained at birth if at least one parent is German. There are few things to note on this: a. As per rules in effect from January 1, 2000, any children born to German nationals born abroad will acquire German nationality only if the parents report the birth to the competent German mission abroad before the child's first birthday. b. As far as choice of citizenship by parents for a minor child is concerned, you can only get an Indian passport for your child if you do not apply for German passport/citizenship for the child. Then on becoming of majority age your child can choose the citizenship of his/her choice. India does not allow dual citizenship so if Indian citizenship is the preferred option, then German citizenship must be renounced. 3. To renounce German citizenship, you must file an application through the Embassy or the responsible Consulate General in your area of residence. Application Form shows the documents required to be submitted with the renunciation application. Generally minors cannot renounce citizenship but you will have to contact the appropriate authorities for full current information on renunciation of German citizenship. 4. You seem to have missed Q.4 and gone to 5. 5. Yes, this applies to most countries. A child born to Indian parents abroad can opt for an Indian passport for their newborn child provided they have NOT applied for or taken a passport of the country of birth for the child. 6. While the current government of Mr. Modi has been quite NRI friendly, The Constitution of India does not allow dual citizenship. Changes would require the cooperation of most political parties in India.