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Question

Will the child born to two foreign diplomats working in India in 2006 be an Indian citizen by birth? What are other ways by which the child can acquire Indian citizenship?

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Solution

Instructions: Discuss if the child will get Indian citizenship by birth and discuss other ways by which the child can acquire Indian citizenship.

Solution:
Will the child get Indian citizenship by birth?
  • No, the child born to two foreign diplomats working in India in 2006 will not get Indian citizenship by birth.
It is because those born in India on or after December 3, 2004, are considered Indian citizens by birth only if:
  • Both of their parents are Indian citizens, or one parent is an Indian citizen, and the other parent is not an illegal migrant.
Acquiring Citizenship:
  • The child can acquire Indian citizenship by way of naturalisation.
  • The certificate of naturalisation is granted by the Central Government upon the request of the person who wishes to acquire Indian citizenship.
Citizenship by Naturalisation:

Children can receive a certificate of naturalisation if they:
  • Are not illegal migrants.
  • Belong to a country where Indians can acquire citizenship by naturalisation.
  • Have good character.
  • Has resided in India or worked for the Government of India for 12 months before the date of application.
  • Has resided or worked for the Government of India for at least 11 years out of 14 years preceding the period of 12 months.
  • Has adequate knowledge of one language specified in the Eighth Schedule of the Indian Constitution.
  • Intends to reside or work for the Government of India, if granted Indian citizenship.

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