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Nepal/India: Whether Nepalese citizens are able to obtain Indian citizenship; if so, eligibility criteria; process for acquiring citizenship; whether long-term residence leads to legal residency or citizenship rights

India's Citizenship Act, 1955 outlines the eligibility criteria for acquiring Indian citizenship by birth, descent, registration, and naturalization (1 Jan. 1970). In order to become a citizen of India (by naturalization), an applicant must prove

(a) that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subjects or citizens of that country by naturalisation;

(b) that, if he is a citizen of any country, he has renounced the citizenship of that country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government;

(c) that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;

(d) that during the twelve years immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than nine years;

(e) that he is of good character;

(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution [which includes Nepali (India 26 Jan. 1950)]; and

(g) that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into or continue in, service under a Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in India:

Provided that the Central Government may, if in the special circumstances of any particular case it thinks fit,-

(i) allow a continuous period of twelve months ending not more than six months before the date of the application to be reckoned, for the purposes of clause (c) above, as if it had immediately preceded that date;

(ii) allow periods of residence or service earlier than thirteen years before the date of the application to be reckoned in computing the aggregate mentioned in clause (d) above. (India 1 Jan. 1970, Sec. 6)

According to the Government of India's Ministry of Home Affairs,

Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months).... Application shall be made in Form-XII. (India 5 May 2008, emphasis in original)

On its website, India's Ministry of Home Affairs also provides Form XII, which is needed to apply to become a citizen by naturalization (ibid. 7 May 2008). On Form XII, the applicant must complete sections on identity (e.g. name and nationality), residency, family members, financial and legal history, as well as character affidavits (India n.d.). Additionally, Form XII states that advertisements must be published in newspapers in the applicant's district of residence announcing his or her application for citizenship (ibid., 6). Information on whether obtaining Indian citizenship by naturalization differs for Nepalese citizens could not be found among the sources consulted by the Research Directorate.

According to the 2006 Nepal Citizenship Act, citizens of Nepal who obtain citizenship in another country forgo their right to Nepalese citizenship (Nepal 26 Nov. 2006, Art. 10). A Kathmandu Post article indicates that the right to dual citizenship is a central concern for the Non-Resident Nepali Association (NRNA) (16 Oct. 2008), an association committed to creating a global network for the Nepali diaspora and to supporting the social and economic development of Nepal (NRNA n.d.). Similarly, an article in The Hindu gives information on the Migrant Nepalese Association in India, which began its operations in South India in 1985 and has 13 centres in 23 states (20 Oct. 2008). According to the article, the Association is drafting a memorandum of demands including a request for dual citizenship that will be sent to both Indian and Nepalese governments (The Hindu 20 Oct. 2008).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

The Hindu [Chennai]. 20 October 2008. ", Nepalese Migrants to Seek Dual Citizenship." (Factiva)

India. 7 May 2008. Ministry of Home Affairs. "Indian Citizenship Forms." <http://mha.nic.in/uniquepage.asp?Id_Pk=329 > [Accessed 21 Nov. 2008]
_____. 5 May 2008. Ministry of Home Affairs. "Foreigners Division: Acquisition of Indian Citizenship." <http://mha.nic.in/uniquepage.asp?ID_PK=80> [Accessed 21 Nov. 2008]
_____. 1 January 1970. Citizenship Act, 1955 (No. 57 of 1955). (UNHCR) <http://www.unhcr.org/cgi-bin/texis/vtx/print?tbl=RSDLEGAL&id=3ae6b57b8> [Accessed 17 Nov. 2008]
_____. 26 January 1950 (last amended 6 June 2004). Constitution of India. "Eighth Schedule." <http://india.gov.in/govt/constitutions_india.php> [Accessed 5 Dec. 2008]
_____. N.d. Ministry of Home Affairs. "Form XII." <http://mha.nic.in/pdfs/citi_form-12.pdf> [Accessed 21 Nov. 2008]

The Kathmandu Post. 16 October 2008. "A Case for Dual Nationality: Allowing Members of its Diaspora to Hold Citizenship Will Benefit Nepal." (Factiva)

Nepal. 26 November 2006. Nepal Citizenship Act 2006. <http://www.undp.org.np/constitutionbuilding/elibrary%5Ccitizenship%5Ccitizenship%20ActEnglish.pdf> [Accessed 27 Nov. 2008]

Non-Resident Nepali Association (NRNA). N.d. "Introduction." <http://www.nrn.org.np/nrna/intro.php> [Accessed 3 Dec. 2008]

Additional Sources Consulted

Oral Sources: Officials at the High Commission of India in Ottawa did not provide information within the time constraints of this Response. Attempts to reach a representative at the Embassy of India in Washington, DC and an officer at the Bureau of Immigration in New Delhi were unsuccessful.

Internet sites, including: Asian Legal Resource Centre (ALRC), AsiaMedia, British Broadcasting Corporation (BBC), Bureau of Immigration – India, Nepal Abroad, Nepal Institute of Development Studies, Nepal News, United States (US) Department of State Bureau of Consular Affairs.