Dual citizenship, or Multiple citizenship (as it is technically called), occurs when a person is considered as a citizen of two or more countries at the same time. Dual citizenship as a discussion has been gathering momentum over the previous few years due to a lot of contentious questions involved. In a recent issue, noted but controversial painter MF Hussain abdicated Indian citizenship when he was awarded Qatari nationality.
This article is an attempt to answer a few questions regarding dual citizenship. I have compiled it in the form of frequently asked questions, so that most of the queries regarding this issues are answered.
What is citizenship?
Citizenship is the state of being a member of a well defined social or political group or community. In modern times, it is primarily understood in the terms of being a citizen of a particular country or state. Even this concept is undergoing a change – for example – in European Union, a person will be called the citizen of his/her respective country, and a citizen of the EU as well, and enjoy the right to move freely within member countries of the Union.
What is Dual or Multiple Citizenship?
Dual citizenship. or Multiple citizenship arises when a person holds the citizenship of two or more countries at the same time. It is interesting to note that a person can be a citizen of two or more countries, none of which is the country of his or her birth. There have been cases like this (A French citizen, who was originally a Haitian citizen, later went on to become the Canadian Governor General, and of course, a Canadian citizen).
How can a person acquire Dual citizenship?
The term ‘acquires’ is actually a misnomer. A citizenship should be understood in the terms of a privilege that a country bestows, it is not ‘acquired’ as a matter of right. A person may become a citizen of any country on fulfillment of certain conditions. These conditions may differ from country to country, and there is no global uniformity regarding how a person becomes a citizen of any country. A person may become a citizen of any particular country by -
- birth on territory of that country
- being born of parents, of whom at least one is the citizen of that country
- marriage with a citizen
- naturalization – you live there long enough, and they will accept you as a citizen (subject to fulfillment of conditions – not applicable to illegal aliens)
- making financial investments in that country (Austria, USA, St. Kitts, etc).
What are the issues relating to grant of Dual citizenship?
There are so many issues involved in the concept of dual citizenship that only a handful of countries allow this. Most of the governments actively discourage dual or multiple citizenship. Some of the major issues involved with dual or multiple citizenship are -
- whether the person will be under foreign influence
- whether the person will have a foreign preference
- whether the person have the full security clearance
- allegiance.
What are the rights of a dual citizen?
A Dual citizen is entitled to all the rights that are available to the ‘normal’ citizens of the respective countries. This includes the rights to vote and run for a public office (for example, Arnold Schwarzenegger – who is an American citizen and the Governor of California, retains his original Austrian citizenship).
Can Dual citizenship be revoked? How?
Actually, a person will be a citizen of at least one country at any given time. Therefore, ‘revocation of dual citizenship’ is actually not possible. What is possible, as happened in the case of MF Hussain, is that when you are granted a citizenship of another nation, and you are willing to accept it, you will have to give up your current citizenship. Since most countries countries consider the possession of the passport of that country as a conclusive proof of citizenship, you will need to surrender the passport of your original country. A majority of the countries follow this track.
Is dual citizenship allowed in India?
NO. There is no provision for Dual Citizenship in the Indian constitution and law. However, there is a new form of Indian nationality that has been designed in the recent years, called the Overseas Citizens of India. However, this does not bestow Indian citizenship to such class of persons.
There is also an exception to this condition regarding dual nationality in India. It will be easier to understand that by way of an example – If a child is born to Indian parents in the USA, that child will be an Indian citizen, till he/she acquires a US passport. The child will also be a US citizen, since US bestows citizenship to all those born on its territory. But this is actually a moot point, since the child cannot travel outside the US without a US passport. The moment a US passport is issued, the Indian citizenship ceases to exist.
To the readers -
These were a few of the broadest and most common questions regarding dual citizenship. If you have any other points that you can suggest, I will gladly add them here. If you have any additional questions, I will try my best to answer them right here. If you have any other comments to share, I will be very happy to receive your feedback.
September 29, 2010 at 6:29 pm
Many a time’s news published on Commonwealth games in India. Just to attract finance from the commonwealth countries and there is plenty of corruption to put every thing in their POCKETS. Not only that to attract foreign investment from commonwealth countries and their citizens abroad. But is that safe? If every thing is in vicious circle of corruptions of INDIA what those investors will get? Not even the Right to nationality where you are born! And ONLY a misleading statement to cheat you and your finance investment and ultimately will go in corruption and in their pockets of corrupt nationals.
We need to start demonstration when the common wealth games or going to happen on 3rd October 2010 in DELHI. Though they will try to suppress such demonstration under the name of security breach but it’s the time to make a Display and demonstration else every thing will be missed to raise our voice at right time and loud voice to reach the world community and specially to the people of commonwealth citizens.
A great demonstration has been planned on the day of opening of the commonwealth games on 3rd OCT 2010
Government of India declared a Dual Nationality during BJP – BAJPAYI government, to attract faith of ORIGINAL INDIANS, NRI and with their investment. It was looking that long awaited nationality contradictions will be solved soon with right to all Indians with all NRIs, But with the take over of Congress, Indian government the amendment in constitutional nationality act for dual nationality for NRIs come out as a cat out of a Bag.
1) As we were expecting dual nationality as all rights reserved as a normal Indian citizens enjoys, It was reduced to Indian Overseas citizen with only few limited right – say actually nothing in the rights!
a) As a commonwealth citizen all commonwealth citizen has equal right to work, education, and electoral voting rights in local as well as all parliamentary election.
b) Indian government is breaking rule to be a member of commonwealth membership, may be India needs to correct this or face a consequences for membership of commonwealth nations.
c) Along with the nationality issues we also discussed the requirement of the medical laws and surrogacy births. (Though recently 2009, supreme court of India – Delhi had one such ruling and ruling was in favour of Surrogate mother, BUT that’s Not the whole, supreme court ruling may need to make more research in Medical laws and amendments accordingly as this ruling may be used by unknown kidnapers, for lost children adversely. And it becomes a matter of the international law).
2) Many of our institutions and NGOs are not having members from the legislative backgrounds. And so unaware of the actual laws and may need such guidance or such an honorary members. Even Judiciary system is also need to add such experts of specialised researchers in Laws e.g. MEDICAL LAWS (LLM).
We need to make demands of our rights which are restricted otherwise in INDIAN OVERSEAS CHITIZENSHIP charters. Specifically Equality rights with other Indian citizens for work, educations, business and electoral etc.
News of “NRI will get voting rights” and published today in the news papers. BUT ITS JUST LIKE A “ZANVA NEER” THERE IS NOTHING LIKE TO BE HAPPY . WE NEED TO UNDERSTHAND WHO ARE THOSE NRIs. JUST A POLITICAL JOCKS.
We need to clarify the laws of Citizens of India, Person of Indian origin (PIO), NRI definitions etc and THERE IS NOTHING LIKE A DUAL NATIONALITY in INDIA NOR INDIAN OVERSEAS CITIZENS Nationality but ONLY one NATINALITY of INDIA and a SINGLE PASSPORT ONLY.
HERE “NRI” DEFINATIONS LIMITS ONLY INDIAN PASSPORT HOLDERS BUT STAYING / WORKING OUTSIDE INDIA FOR MORE THAN 180 DAYS, WHO HAS NO WATING RIGHRTS WILL GET BENEFITS OF WATING RIGHT DESPITE STAYING MORE THAN 180 DAYS ABROAD. NONE OF BRITISH OR ANY OTHER NATIONALS WHO HAVE DUAL NATIONALITY WILL GET ANY RIGHTS OF WATING.
SO THERE IS NOTHING TO BE HAPPY, OR TO MISLEAD TO PUBLIC OR NRI. FIRST LET IT BE CLEAR THAT DO WE HAVE THE FULL NATIONALITY RIGHTS AS A DUAL NATIONAL CITIZENSHIP!!
Local public representatives and Lawyers (If Any NRI lawyer member of bar council of local bar/lawyers association) should come forward to help such legislative amendments also for awareness in NRI associations. Specifically our NRI association does not have such guide person. I wish they should seek advice from such an experts of legislative members, LOKSABHA /RAJYA SABHA members. And such members and Lawyers also should come forward to help such matters.
It will take some time when NRI Legislative leadership will reach to help such NRI associations and become advisor or representative to such associations and NGOs of NRIs.
We need to know the fact what is there and what is nor and to Exercise our rights we have to demand and put pressure on them and also complain against such matters in Commonwealth and in international level.
Else every one is just looking for funding from outside but on benefits and rights issue gives only an empty plate on the dinning table.
Though every thing is highlighted in big headings of Indian Overseas Citizenship for NRIs, to impress the NRI staying abroad in few countries. But infect is only a Multiple life time visa without rights and benefits with a THUMBS UP (THENGA) for rights of Jobs, education, heath, business and electoral issues.
When in 1980s Government treasury was bottom empty for foreign reserve, NRIs helped Indian government to get rid off such debt of foreign reserve and now promises are forgotten by new wealthy (when treasury is full of the foreign reserve, But it can be emptied if promises are not met with and not corrected)
Do forward these to all NRI associations, parliamentary repetitive/legislative members, Lawyers bar associations and news and media to demand the rights and awareness of all NRIs.
Do forward these to all NRI associations, parliamentary repetitive/legislative members, Lawyers bar associations and news and media to demand the rights and awareness of all NRIs.
Brief details of nationality act amendments for Indian Overseas citizenships are BELOW.
The Central Government may, on application, register any person as an Overseas Citizen of India if that Person is of Indian Origin and is from a country which allows dual citizenship in some form or the other. Broadly speaking, a “Person of Indian Origin” is a citizen of another country who:
• was a citizen of India on 26 January 1950 or at any time thereafter; or
• was eligible to become a citizen of India on 26 January 1950 ; or
• belonged to a territory that became part of India after the 15th day of August, 1947;
• is the child or grand-child of a person described above; and
• has never been a citizen of Pakistan or Bangladesh.
Indian Missions are authorized to grant applications for Overseas citizenship of India within 15 days to cases where there is no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year.
The introduction of Overseas Indian Citizenship does not entitle people who have acquired, or are planning to acquire, foreign nationality, to retain their Indian passports. The law continues to require that Indian citizens who take foreign nationality must immediately surrender their Indian passports. Those who are eligible can then apply for registration as Overseas Indian Citizens.
There is no plan to issue Indian passports to Overseas citizens of India, although the registration certificate will be in the form of a passport-like booklet (similar to the PIO Card – see below). The Cabinet has also directed the Ministry of Overseas Indian Affairs to work on a proposal to give biometric smart cards to registered Overseas citizens of India.
An Overseas citizen of India will enjoy all rights and privileges available to Non-Resident Indians excluding the right to invest in agriculture and plantation properties. There is no visa requirement for travel to India. The person has to carry his existing foreign passport along with Registration Certificate. Alternately, the Overseas citizen of India can apply for a new type of visa called ‘U’ visa which is a multi-purpose, multiple-entry, life-long visa for those that wish to acquire it. It will entitle the Overseas citizen of India to visit the country at any time for any length of time and for any purpose.
An Overseas Citizen of India will not enjoy the following rights even if resident in India: (i) the right to vote, (ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and High Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or Council, (iii) appointment to Public Services (Government Service).
Although Overseas Citizenship of India is not a full citizenship of India, it is a form of Indian nationality. Article 4 of the Hague Convention on Certain Questions relating to the Conflict of Nationality Laws, 1930 provides that “a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses”. Therefore, international law limits the ability of a country to provide consular protection to its citizens or nationals in their country of second nationality. A person registered as an Overseas citizen of India, who is also a citizen of another country will therefore lose their right to consular protection of their home country when in India.
Many persons of Indian origin eligible to apply for Overseas citizenship of India are considering whether they prefer to obtain Overseas citizenship of India, or a Person of Indian Origin card (PIO card – see below) which offers virtually identical benefits while preserving their right to consular protection in India.
If a British subject (other than by connection to the Republic of Ireland) or a British protected person acquires Overseas citizenship of India they will automatically lose their status as a British national . A British Overseas citizen, British subject (other than by connection to the Republic of Ireland) or a British protected person who acquires Overseas citizenship of India will lose their entitlement to register for full British citizenship under section 4B of the British Nationality Act 1981.
The Government of India’s Public Information Bureau issued a press release which explains the Scheme for Overseas citizenship of India on 29 June 2005 .
A number of other articles have been written including:
• Fool’s Gold published December 2004 in Little India
• Dual Citizenship or Dupli City? by Narayanan Komerath, published 28 January 2005
• India fine-tunes Overseas citizenship by Venkat Raman of Indian Newslink, published 1 July 2005
• Read the Small Print on Indian Overseas Citizenship Offer, Warns British Immigration NGO by Joint Council for Welfare of Immigrants, released 10 August 2005
Person of Indian Origin (PIO) Card
Any person currently holding a non-Indian passport, who can prove their Indian origin up to three generations before (or is the spouse of a citizen of India or person of Indian origin), is eligible for a Person of Indian Origin card . Citizens of Pakistan, Bangladesh and other countries as may be specified by the Central Government are not be eligible for grant of PIO Cards. PIO cards give the holder the following benefits: (a) visa-free entry into India for fifteen years, (b) exemption from registration at a Foreigners’ Regional Registration Office if the period of stay in India does not exceed 180 days (for stay of more than 180 days, the PIO card holder needs to register at a FRRO office), and (c) PIO card holders enjoy parity with Non-Resident Indians in economic, financial and educational fields.
A PIO Card is generally valid for a period of fifteen years from the date of issue
PIO holders can acquire, hold, transfer or dispose of immovable properties in India (except agricultural/ plantation properties), open rupee bank accounts in India, lend in rupees to Indian residents, make investments in India etc. PIO holders’ children can obtain admission in educational institutions in India in the general category quota for Non-Resident Indians, including Medical, Engineering colleges, IITs & IIMs. PIO holders are eligible for various Housing schemes under Life Insurance Corporation of India (LIC) or Central/State Governments. Possession of a PIO card will not entitle the holder to: (a) be eligible for the exercise of any political rights, (b) visit restricted/protected areas without permission, and (c) undertake mountaineering, research and missionary work without permission.
British Nationality and India
Prior to 1 January 1949 , Indians were British subjects under United Kingdom law. See British nationality law . Between 1 January 1949 and 25 January 1950 , Indians remained British subjects without citizenship unless they had already acquired citizenship of the UK & Colonies or another Commonwealth country.
On commencement of the Indian Constitution on 26 January 1950 , under British Nationality law a person who became an Indian citizen also had the status of Commonwealth citizen (also known as a British subject with Commonwealth citizenship , a status which does not entitle the person to use a British passport) by virtue of their Indian citizenship and India’s membership of the Commonwealth. However, a number of Indians did not acquire Indian citizenship on commencement of the Indian Constitution and retained British subject without citizenship status (which entitles a person to a British passport) unless they had acquired citizenship of another Commonwealth country. Any person who is solely a British subject (otherwise than by connection with the Republic of Ireland) will automatically lose British subject status on acquiring any other nationality or citizenship including Indian citizenship or Indian Overseas citizenship.
British subjects may register as British citizens under section 4B of the British Nationality Act 1981 without requiring any UK residence if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. This facility has been available since 30 April 2003 . Those who have immigrated to the UK may have additional options for acquiring British citizenship, which are usually preferred because they give transmissible British citizenship with otherwise than by descent status.
From 1949 the meaning of the term British subject was substantially different to what had previously been the case and meant little more than a term to describe someone holding the citizenship of a Commonwealth country. Only a British subject without citizenship was entitled to a British passport. See British subject .
April 22, 2010 at 10:13 am
April 14, 2010 at 8:03 am
April 14, 2010 at 11:36 am
I don’t think we should underestimate the comprehension abilities of Indians. That said, thank you for your insightful comment.