UNIT –I

Who is a Citizen?
Those people who have citizenship status in a state are the citizens of that state.

1. What is Citizenship?

Citizenship refers to the legal status of each citizen. It reflects the fact that as a citizen of a
state enjoys the protection of his state in respect of his security and rights

According to Aristotle, citizen is he “who has the power to take part in the deliberative or
judicial administration of any state is said by us to be a citizen of that state”.

Vattal has defined citizens as, “the members of a civil society bound to this society by certain
duties, subject to its authority and equal participants in its advantages”.

“Citizenship”, according to Laski, “is the contribution of one’s instructed judgment to the
public good”.

Citizen ship implies three things:

(1) Legal and Political Rights which citizens enjoy under the protection of the State;

(2) Duties which citizens render to the State including the duty to promote general welfare;
and

(3) The allegiance, i.e., loyalty to the state or the sentiment of patriotic devotion.

Citizenship: Nature

(1) In the past. Citizenship was confined to a few persons of the state:
In the past, citizenship used to be a privilege enjoyed by a comparatively small number of
people. In ancient Greece, which is usually referred to as the cradle of democracy, citizenship
was confined only to the ‘leisured’ few who possessed wealth and ability.

Women, slaves and manual workers such as artisans and traders were not regarded as
citizens.
In Rome also the ‘plebeians’ or the lower classes had fought hard and long before they got a
share in the benefits of citizenship.

In the middle ages, society was organised on feudal lines. As a result, a vast majority of the
people lived as “serfs” without the rights and privileges of citizenship.

(2) Direct Participation in Administration no longer necessary for Citizenship:

The modern conception of citizenship is not based on the traditional principle of participation
in the administration of state as a criterion to get citizenship of the state. In ancient Greece,
citizenship meant direct participation in the business of government.

Aristotle defined citizen as one “who has the power to take part in the administration of the
State”. At that time, it was possible in the Greek City State, with its small area and population,
for every citizen to take a direct and active part in lawmaking and administration.

This is no longer practicable in the Nation-States of today with populations running into tens
and, often, hundreds of millions. In a modern State the main business of the average citizen
is not to make laws or run the administration but to choose a number of representatives who
discharge these functions on his behalf.

(3) Now citizenship belongs to all the people of each state:

At present, however, democratic ideas have established their empire on the minds of men
and citizenship has come to be regarded as the birth-right of all those who belong to a State
and not as the monopoly of a privileged class.

Citizenship: Features

1. Membership of a state

2. Enjoyment of several rights and freedoms in the state.

3. Commitment to perform certain duties towards the state, particularly to defend the state
against any war or aggression.

4. Loyalty towards the state.

5. Citizenship is acquired right at the time of birth. A child inherits the citizenship of his
parents (Jus Sanguine) or he inherits the citizenship of the state where he is born (Jus Soil).
Such citizens are called natural born citizens.

6. Citizenship of a desired state can be acquired by any person after relinquishing his natural
born citizenship. However such a citizenship can be acquired only when that state is willing
to admit him as its citizen when he has fulfilled certain conditions. Such a citizenship is
called naturalised citizenship.

7. Natural Born and Naturalised Citizens:

In contemporary times citizens are categorized into two groups: Natural Born Citizens and
Naturalised Citizens. Natural born citizens are citizens of a State by birth. Naturalised
citizens are those who have adopted the citizenship of a particular country although they do
not belong to it by birth.

8. Citizens and Subjects: A distinction is sometimes made between citizens and subjects.
Strictly speaking, all citizens may be called subjects because they are subject to the authority
of the State which possesses sovereignty. But the term ‘subject’ has become distasteful
because of its association with absolute monarchy and feudalism. Nowadays, only the
citizens of a country which as a monarch, absolute or limited, as in Britain or Japan, for
example, are termed subjects.

9. Citizens and Aliens: An important distinction is there between citizens and aliens. An alien
is an individual who resides temporarily or permanently on the territory of a State without
owing allegiance to it. For instance, there are many foreigners in India working as doctors,
teachers, missionaries, traders or technicians.Some of them have spent a life-time in the
country but they are not Indian citizens, because they continue to enjoy the citizenships of
their parent state and continue to owe allegiance to the country of their origin. As a rule,
aliens enjoy the same civil rights as citizens do. They obey the laws of the country and pay
taxes like citizens. The difference between a citizen and an alien lies in respect of political
rights.
An alien does not enjoy these rights. He has a right to reside but does not enjoy the
right to vote or to take an active part in the affairs of the State. Secondly, a citizen is
permanent member of the State and has a right to reside on its territory.

An alien, on the other hand, cannot claim the right of permanent residence. He stays on
sufferance and not on right. He can be turned out of the country, if his presence is
considered prejudicial to the interests of the State.

10. Alien Friends and Alien Enemies:

When a State is at war against another, aliens living in it are called “alien friends” when they
belong to a friendly power, or “alien enemies” (or enemy aliens) if they belong to a country
against which the State is fighting the war. Thus, during World War II aliens in India belonging
to Italy or Germany were treated as “alien enemies”.

These persons were placed under various restrictions while the war was on. They were not
allowed to move freely and their property was temporarily “freezed” and placed under
government possession.

Basis/Grounds for Getting Citizenship:

Citizenship is normally acquired by each person right at the time of his birth either on the
basis of the citizenship of his parents or on the basis of his place of birth. In both cases, it is
called citizenship by birth.

I. Citizenship by Birth. (Jus Sanguine and Jus Soil):

A vast majority of persons acquire citizenship by birth and seldom change it afterwards. It
has been, therefore regarded as the most prominent of all the methods of acquiring
citizenship. Normally each person gets a citizenship at birth either on the basis of parentage
(Jus Sanguine) or on the basis of the principle of Birth Place (Jus Soli) or on the basis of
both of these principles.

(i) Citizenship on the basis of Parentage (Jus Sanguine):

States like Germany and France recognize parentage as the only decisive factor for the
determination of citizenship. This principle is termed as ‘Jus Sanguine’. It confers citizenship
of the home state upon the children born of their citizens at home or abroad. The illegitimate
children, according to this rule, acquire the nationality (citizenship) of their mother.

(ii) Citizenship on the basis of Birth Place (Jus Soli):

On the other hand, Argentina recognises the principle of ‘Jus Soli’ which implies that the
territory, upon which the child is born, is exclusively the determining factor of citizenship. It
does not matter whether the parents are citizens or aliens of that territory. Similarly, a child,
born abroad, under this principle, is foreign although his parents may be citizen.

Fenwick observes that if both these principles are strictly adhered to separately, a conflict of
jurisdiction may arise. When a child is born in Argentina of French parents, he is an
Argentinean citizen (Jus Soli), but the child is, at the same time, a French citizen, (‘Jus
Sanguine’).

In such a case, his effective citizenship will then depend upon the jurisdiction within which he
happens to be i.e. French in France and an Argentinean in Argentina. States like Great Britain
and the USA, keeping in view the difficulty of conflicting claims, have adopted a mixed
principle. According to their municipal laws, not only children of their citizens born at home or
abroad become their citizens, but also such children of alien parents as are born on their
territory also become their subjects.

Even France, which was previously a staunch advocate of Jus Sanguine principle, later on
recognised that any person born in France of alien parents and domiciled in France, may by a
declaration become a Frenchman and automatically does so on attaining adulthood, unless
he may refuse to do so.

Basis/Grounds for Exclusion from Citizenship:

When any person gets excluded from the citizenship of any state due to certain
circumstances or eventualities, it leads a situation of statelessness I, e, Non- Citizenship of
any state.
Methods of Loosing Citizenship:
1. By Marriage:
After getting married to a foreign national, a person loses his parent citizenship and acquires
the citizenship of his/her suppose.
2. By Resignation:
One can renounce the citizenship of his state through a resignation.

3. By Long Absence:

If a citizen remains absent from his country for a long period, he loses the citizenship of the
country of his birth. The period of absence is different in different countries.

4. Renouncing Citizenship in case of Double Citizenship:

Sometimes a person gets double citizenship. But a person cannot be the citizen of two
states at the same time. So, he has to renounce the citizenship of one state.

5. By Application:
By giving an application, an individual can also relinquish the citizenship of his state.

6. By Adoption:
When a child is adopted by a citizen of another country, he automatically loses the
citizenship of the country of his birth.

7. By Defeat:
When a state or some territory of the state is conquered by another state, the citizens of the
conquered state lose their citizenships.

8. By getting government service abroad:

When a citizen gets government service is another state, he loses the citizenship of the state
of his birth.

9. Anti-national Crimes:
When a person revolts against the state, his citizenship can also be taken back by his state.

10. Acceptance of Titles from a Foreign Government:

In some countries the rule is that if a citizen accepts a title from another country without
getting the prior approval of the state, his citizenship can be terminated.

Associated Concepts-Nationality, Domicile

 [1]
Nationality is a legal relationship between an individual person and a state. Nationality
affords the state jurisdiction over the person and affords the person the protection of the
[2]
state. What these rights and duties are varies from state to state.

By custom and international conventions, it is the right of each state to determine who its
[3]
nationals are.  Such determinations are part of nationality law. In some cases,
determinations of nationality are also governed by public international law—for example,
by treaties on statelessness and the European Convention on Nationality.

In older texts, the word nationality  rather than ethnicity , often used to refer to an ethnic
group (a group of people who share a common ethnic identity, language, culture, descent,
history, and so forth)

Nationality under International law

Nationality is the status that allows a nation to grant rights to the subject and to impose
[4]
obligations upon the subject.  In most cases, no rights or obligations are automatically
attached to this status, although the status is a necessary precondition for any rights and
[5]
obligations created by the state.

In European law, nationality is the status or relationship that gives a nation the right to
[4]
protect a person from other nations. Diplomatic and consular protection are dependent
[4]
upon this relationship between the person and the state.  A person's status as being the
[5]
national of a country is used to resolve the conflict of laws.

Within the broad limits imposed by few treaties and international law, states may freely
[4]
define who are and are not their nationals.  However, since the Nottebohm  case, other
states are only required to respect claim by a state to protect an alleged national if the
[4]
nationality is based on a true social bond.  In the case of dual nationality, states may
determine the most effective nationality for a person, to determine which state's laws are
[5]
most relevant.  There are also limits on removing a person's status as a national. Article 15
of the Universal Declaration of Human Rights states that "Everyone has the right to a
nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality."

Nationality under National law

Nationals normally have the right to enter or return to the country they belong
to. Passports are issued to nationals of a state, rather than only to citizens, because the
passport is the travel document used to enter the country. However, nationals may not have
the right of abode (the right to live permanently) in the countries that grant them passports

Nationality versus national identity

For example, children who were brought to the U.S. illegally when quite young and grow up
there with little contact with their native country and its culture often have a national identity
of feeling American, despite legally being nationals of a different country

Dual nationality[edit]

Dual nationality is when a single person has a formal relationship with two separate,
[9]
sovereign states.  This might occur, for example, if a person's parents are nationals of
separate countries, and the mother's country claims all offspring of the mother's as their own
nationals, but the father's country claims all offspring of the father's.

Dual nationality was considered a problem that caused conflict between states and
sometimes imposed mutually exclusive requirements on affected people, such as
simultaneously serving in two countries' military forces. Through the middle of the 20th
century, many international agreements were focused on reducing the possibility of dual
nationality. Since then, many accords recognizing and regulating dual nationality have been
[9]
formed.

Statelessness[edit]

Statelessness is the condition in which an individual has no formal or protective relationship

with any state. This might occur, for example, if a person's parents are nationals of separate
countries, and the mother's country rejects all offspring of mothers married to foreign fathers,
but the father's country rejects all offspring born to foreign mothers. Although this person
may have an emotional national identity, he or she may not legally be the national of any
state.

Another stateless situation arises when a person holds a travel document (passport) which
recognizes the bearer as having the nationality of a "state" which is not internationally
recognized, has no entry in the International Organization for Standardization's country list, is
not a member of the United Nations, etc. In the current era, persons native to Taiwan who
[10] [11]
hold Republic of China passports are one example.   

Difference between nationality and Citizenship:

BASIS FOR COMPARISON NATIONALITY CITIZENSHIP

Meaning Nationality is the individual Citizenship is the political

membership that shows a status, which states that the
person's relationship with person is recognized as a
the state. citizen of the country.

Concept Ethnic or racial. Legal or juristic.

Represents The place or country where Individual is registered as a

the individual has taken citizen by the government of
birth. the country.

Ways Birth and Inheritance Birth, Inheritance, Marriage,

Naturalization, etc.

Can it be changed? No Yes

Can it be reversed? It is innate. It can be reversed.

Can it be possible to have No, a person can be national Yes, a person can become a
nationality/citizenship of of only one country. citizen of more than one
multiple countries? country.

Relationship Nation and individual State and individual

Rights Civil and natural rights Only concerned to state

come under international
law

All nationals may not be All citizens may not be

citizenship nationality
  International importance of the nationality;

1)      Protection of rights of diplomatic agents

2)      Prevention of offences
3)      Loyalty to particular state
4)      State can refuse to extradite its own nationals
5)      Enemy character is determined on the basis of nationality
6)      Jurisdiction of state over their nationals

Modes of acquisition and loss of nationality;

a)      Acquisition of nationality

1.      By birth;
That is nationality is conferred at birth by the fact either of birth within the state territory (jus
soli) or by the descent from, one of its nationals (jus sanguinis).
According to jus soli the birth occurs is the decisive factor and according to the jus
sanguinins and the parentage.
2.  By naturalization; It may take place by means of marriage, legitimization, option, domicile, or
appointment as government officials and on the application. According to the keelson;
Naturalization is the administrative fact of the state conferring citizenship upon alien.
3.  By registration of resumption; Those individuals who were natural born subjects of the state
but who lost their original nationality on account of some cause may get back it on fulfilling
certain conditions.
4.  By descent; It is on the basis of nationality of parents, this is also known as jus
sanguinins.UK and USA also recognize this principle.
5.  By subjugation; A person may acquire nationality through subjugation after the conquest.
When the part of a state is subjugated by another state the inhabitants of that state become
the nationals of the later state.
6.   By cession; When a part of the state is ceded, all nationals of the former state become
nationals of the later state.

b)     Loss of nationality
1.   By release; For it, it is necessary to submit an application for the loss of nationality by
 release.
2.   By deprivation; Some laws of the state, provides that if a national of its state seeks
employment of government of another state without its permission, he will be deprived of his
nationality.
3.   Long  residence abroad;
State laws of many states contain provisions in this connection that if a person resides for a
long period abroad, his nationality ends.
4.  By renunciation;
When a person acquires a nationality of more than one state, he have to renounce his
nationality of one state.
5.  Substitution;
As to this principle, a person may get nationality of state in place of the nationality of another
state, and whereby he loses his nationality of one state and acquires the other state.

Domicile
What is Domicile?

A person is said to have domicile in a country in which he/she is considered to have his/her
permanent home.

A person cannot have more than one domicile.

Domicile plays an important role in writing of Will, intestate succession and succession
planning. The Indian Succession Act, 1925 provides that succession to immovable property
in India is to be regulated by the law of India whenever a person has domiciled in India during
his/her time of passing away. Hence, the concept of domicile is important while
determining distribution of property after death of a person.

In terms of domicile, residence does not relate to the physical aspect of maintaining a house
or residence. It more so relates to the intention of a person to remain at a place forever
unless circumstances should occur to change his/her intentions. Hence, maintenance of a
residence or home does not serve to establish domicile, though it could add credence. For
instance, if an Indian person moved to the USA temporarily on a H1B visa for employment
purposes, his/her domicile would continue to be India, as the permanent residence of the
person is still India.

Domicile by Birth

Domicile by birth or origin is the domicile of a person which he/she acquires at birth from
parents. The domicile of birth or origin is involuntary and continues to be the domicile of the
person until the person chooses to create a permanent residence elsewhere. Most persons
retain domicile by birth as their domicile, even long after moving abroad for job or education
purposes.

Domicile by Choice

A person can take on a domicile by choice by taking up fixed residence in a country different
from domicile of birth. If an Indian national moves to the USA temporarily on a H1B visa, then
obtains citizenship or Green Card to stay in the USA indefinitely with no intentions of
returning to India, then it could be said that he/she has adopted a new domicile by choice.
For changing of domicile, the intentions of the person must be proved by acts or by
declaration. Hence, a forced residence abroad as a political refugee, fugitive or for any other
reason would not change the domicile of the person, unless it is followed by a voluntary
adoption of the new domicile.

Domicile in India

Any person can acquire domicile in India by making a declaration in writing of his/her desire
to acquire a domicile in India, provided he/she has been a resident of India for at least one
year prior to making of the declaration.

Domicile is the status or attribution of being a permanent resident in a particular jurisdiction.

A person can remain domiciled in a jurisdiction even after they have left it, if they have
maintained sufficient link with that jurisdiction or have not displayed an intention to leave
permanently if that person has moved to a different state, but has not yet formed an
intention to remain there indefinitely. A corporation’s place of domicile is equivalent to its
place of incorporation.

Nationality and Domicile Until the beginning of the nineteenth century

Domicile was universally regarded as the personal law of purposes of the conflict of laws.
The change from domicile to nationality on the continent of Europe started in France with the
promulgation of the Code Napoleon in 1804. One of the principal objects of the 32 Whiteman,
Digest of international law, U.S. Department of State, 1963, vol. 8, p. 23. 150 codifiers were to
substitute a uniform law throughout the whole of France for the different coutumes of the
French provinces. In matters of personal status these coutumes applied to persons
domiciled within the province, wherever they happened to be. It was natural that the new
uniform law should apply to Frenchmen everywhere, and article 3 (1) of the Civil Code
provided that “the laws governing the status and capacity of persons govern Frenchmen even
though they are residing in foreign countries”. No provision was expressly made for the
converse case of foreigners residing in France, but the French courts held that in matters of
status and capacity they too were governed by their national law. The provisions of the
French code were adopted in Belgium and Luxembourg, and similar provisions were
contained in the Austrian code of 1811 and the Dutch code of 1829. The change from
domicile to nationality on the continent of Europe was accelerated by Mancini’s famous
lecture delivered at the University of Turin in 1851. Under Mancini’s influence, article 6 of the
Italian Civil Code 1865 provided that “the status and capacity of persons and family relations
are governed by the laws of the nation to which they belong.” Mancini’s ideas proved
extremely influential outside Italy too, and in the second half of the nineteenth century the
principle of nationality replaced that of domicile in code after code in continental Europe,
although domicile was often retained in specific contexts. The result is that the nations of
the world have become divided in their definition of the personal law; and it is this fact more
than any other which impedes international agreement on uniform rules of the conflict of
laws. What then are the arguments in favour of nationality and domicile as the personal law?
The advocates of nationality claim that it is more stable than domicile because nationality
cannot be changed without the formal consent of the state of new nationality. However, as
has been well said “the principle of nationality achieves stability, but by the sacrifice of a
man’s personal freedom to adopt the legal system of his own choice. The fundamental
objection to the concept of nationality is that it may require the application to a man, against
his own wishes and desires, of the laws of a country to escape from which he has perhaps
risked his life”. It is also claimed that nationality is easier to ascertain than domicile because
a change of nationality involves a formal act of naturalisation and does not depend on 151
the subjective intention of the porosities. This is undoubtedly true, though there may be
difficult cases of double nationality or of statelessness. But it does not follow that the most
easily ascertained law is the most appropriate law. Many immigrants who have no intention
of returning to their country of origin do not trouble to apply for naturalisation. The decisive
consideration for countries like the United Kingdom, the United States, Australia and Canada
is that save in a very few respects, there is no such thing as United Kingdom, American,
Australian or Canadian law. Since the object of referring matters of status and capacity to
the personal law is to connect a man with someone legal system for many legal purposes,
nationality breaks down altogether if the State contains more than one country in the sense
of the conflict of law. International conventions commonly contain provisions seeking to
resolve this problem; they may leave it to the law of the nationality to determine the territorial
unit whose taw is to govern, or rely on some other connecting factor to make that
determination.33

4.17 Distinction between Nationality and Domicile

Nationality is a possible alternative to domicile as the criterion of the personal law. These are
two different conceptions. Nationality represents a person’s political Status, by virtue of
which he owes allegiance to some particular country; domicile indicates his civil status and it
provides the law by which his personal rights and obligations are determined.

Nationality depends, apart from naturalisation, on the place of birth or non parentage;
domicile, as we have seen, is constituted by residence in a particular country with the
intention of residing there permanently. It follows that a person may be national of one
country but domiciled in another.

If one looks at the historical development, it will appear that, over the last two centuries, the
ascertainment of the personal law, which ought to be governed by legal and practical
considerations, has in fact been influenced by varying political and economic factors. The
French revolution, the struggles of Italy to win independence, the wave of nationalism that
swept Europe in the nineteenth century, the desire of the poorer countries to share in the
prosperity of their emigrants-these and other similar circumstances have led to a widespread
idolatry of the principle of nationality. At present many countries is Europe and South
America adopt nationality as the criterion of personal law, whilst the common law
jurisdictions of the Commonwealth and the USA, among others, still stand by rest of domicile,
as immigration has gained ground at the expense of nationality. It may be asked, what are
the respective merits of domicile and nationality as a determinant of the law to govern status
and personal rights generally? Each has its merits and demerits
4.17.1 The Merits and Demerits of Domicile

The English preference for domicile is based on two main grounds.

First, domicile means the country in which a person has established his permanent home,
and what can be more natural or more appropriate than to subject him to his home law? It is
difficult to agree that he should be excommunicated from that law merely because
technically he is a citizen of some State that he may have abandoned years ago.

Secondly, domicile furnishes the only practicable test in the case of such political units as
the United Kingdom, Canada, Australia and the USA where the same nationality embraces a
number of, sometimes diverse, legal systems. The expression ‘national law” when applied to
a British subject is meaningless. It is one system for England, another in Scotland; similarly
for a Canadian, there is one system in Ontario and a quite different one in Quebec. In the
course of its development in England, however, the law relating to domicile has acquired
certain vices. First, it will not infrequently happen that the legal domicile of a person is out of
touch with reality, for the exaggerated importance attributed to the domicile of origin,
coupled with the technical doctrine of its revival, may well ascribe to a person a domicile in
the country which by no stretch of the imagination can be called his home. Secondly, an
equally irrational result may ensure from the view, sometimes accepted by the English courts
that long residence is not equivalent to domicile if accompanied by the contemplation of
some uncertain event the occurrence of which will cause a termination of the residence.

Thirdly, the ascertainment of a person’s domicile depends to such an extent on proof of his
34 Palsson (1986) IV Hague Recueil, pp. 316, 332 et seq. 153 intention, the most elusive of
all factors, that only too often it will be impossible to identify it with certainty without
recourse to the courts. 4.17.2 The Merits and Demerits of Nationality Nationality, as
compared with domicile, enjoys the advantages that it is relatively easy to understand as a
concept and normally it is easily ascertainable. Nevertheless, it is objectionable as a criterion
of the personal law on at least three grounds. First, it may point to a country with which the
person in question has lost all connection, or with which perhaps he has never been
connected. It is a strange notion, for instance, that a Neapolitan, who has immigrated to
California in his youth without becoming naturalised in the USA, should throughout his life
remain subject to Italian law with regard to such matters as marital and testamentary
capacity. Secondly, nationality is sometimes a more fallible criterion than domicile. In the
eyes of English law no person can be without a domicile, no person can have more than one
domicile at the same time on the other hand, the person may be stateless or may
simultaneously be a citizen of two or more countries. Thirdly, nationality cannot always
determine the internal law to which a person is subject. This is the case, as we have seen,
when one political unit such as the USA comprises a variety of legal systems. Similarly,
nationality breaks down as a connecting factor in the case of the United Kingdom where, for
many purposes, there is no such thing as United Kingdom law.

Common wealth CitizenShip

Sec 11. Of CitizenShip Act 1955 :: Commonwealth citizenship

Every person who is a citizen of a Commonwealth country specified in Schedule I shall, by

virtue of that citizenship, have the status of a Commonwealth citizen of India

 Commonwealth citizen is a national or citizen of any member state of the Commonwealth

of Nations. In some member countries, citizens from other Commonwealth territories are
entitled to certain rights, including eligibility to vote in elections and serve in government
positions. This status is most significant in the United Kingdom, and carries little or no
privileges in many other Commonwealth countries

Background[edit]

See also: British Nationality Act 1948 and British subject

Commonwealth citizenship was created out of a gradual transition from an earlier form of
British nationality. Before 1949, all citizens of the British Empire were British subjects and
[1]
owed allegiance to the Crown.  

Although the Dominions (Australia, Canada, Ireland, Newfoundland, New Zealand, and South

[2]
Africa) created their own nationality laws following the First World War,  they mutually
maintained British subjecthood as a common nationality with the United Kingdom and its
[1]
colonies.  However, divergence in Dominion legislation and growing assertions of
independence from London culminated in the creation of Canadian citizenship in 1946 and
[3]
its separation from British subject status.  Combined with the impending independence
[4]
of India and Pakistan in 1947, nationality law reform was necessary at that point.

The British Nationality Act 1948 redefined British subject  as any citizen of the United
Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen  was also
[5]
defined in this Act to have the same meaning.  
This change in naming indicated a shift in the base theory of British nationality, that
[6]
allegiance to the Crown was no longer a requirement to hold British subject status.  

The change was also necessary to retain a number of newly independent countries that
[7]
wished to become republics rather than retain the monarch as head of state.  

The common status of Commonwealth citizenship would instead be maintained voluntarily

[6]
by the various members of the Commonwealth.

At first, all Commonwealth citizens held the automatic right to settle in the United
[8]
Kingdom.  

This was first restricted by Parliament with the Commonwealth Immigrants Act 1962, which
imposed immigration controls on subjects originating from outside the British
[9]
Islands.  The Immigration Act 1971 relaxed controls on patrials, those whose parents or
[10]
grandparents were born in the United Kingdom,  and gave effective preferential treatment
[11]
to Commonwealth citizens from white-majority countries.

Outside of the United Kingdom, Commonwealth citizens also initially retained in some
member states eligibility to vote in elections, for preferred paths to citizenship, and for
welfare benefits. These privileges were removed on independence in most countries but
retained in some. British subjects/Commonwealth citizens were eligible to vote in New
[12]
Zealand until 1975, Canada on the federal level until 1975 (not fully phased out in provinces
[13]
until 2006),  and Australia until 1984 (though subjects on the electoral roll in that year are
[14]
still eligible).

By the 1980s, most colonies of the British Empire had become independent. Parliament
updated nationality law to reflect the more modest geographical boundaries of the United
[15]
Kingdom and its remaining territories.  The British Nationality Act 1981redefined British
subject  to no longer also mean Commonwealth citizen .[16] That term now only refers to a
[17]
limited group of people connected with Ireland and British India born before 1949.

Acquisition and loss[edit]

Commonwealth citizenship is acquired by virtue of holding citizenship of any Commonwealth

member state. An individual would automatically lose the status if that person is no longer a
[18]
citizen of any Commonwealth country.

Most classes of British nationals other than British citizens are considered Commonwealth
citizens. British Overseas Territories citizens, British Overseas citizens, British subjects,
and British Nationals (Overseas) all have this additional status. However, British protected
[16]
persons do not.

Commonwealth citizenship in British law is dependent on a list of countries in Schedule 3 of

the British Nationality Act 1981. This list is not always the same as the current composition
[16]
of Commonwealth member states.  For example, when the Maldives left the
[19]
Commonwealth in 2016,  it was not removed from that list until the following
[20]
year.  Similarly, although Zimbabwe has not been a part of the Commonwealth since
[21]
2003,  Zimbabwean citizens retain Commonwealth citizenship because the country
[16]
remains on Schedule 3.

Rights and privileges[edit]

Many Commonwealth countries do not treat citizens from other member states as foreign
nationals. The rights that Commonwealth citizens are entitled to differ depending on country.
Each member state has separate legislation specifying what, if any, rights they are
[22]
afforded.

Commonwealth citizens may register to vote after fulfilling residence requirements in 15

countries, all three Crown dependencies of the United Kingdom, and Gibraltar.
In Australia, Bermuda, and the Cayman Islands, they no longer have the right to register as
electors, but voters who were already registered before that right was ended may continue to
[23][24][25]
participate in elections.  In Jamaica, Saint Lucia, Saint Vincent and the Grenadines, and
the United Kingdom, Commonwealth citizens are also eligible to serve in one or both houses
[16][26]
of the national legislature.

All Commonwealth citizens may receive consular assistance from British embassies and

consulates in foreign non-Commonwealth nations where their home countries have not
[27]
established diplomatic or consular posts.  They are eligible to apply for British emergency
passports, if their travel documents have been lost or stolen and permission has been given
[28]
by their national governments.  In some member states, they may also be issued non-
[29]
passport travel documents when they are unable to national passports.  For example,
Australia issues Documents of Identity to resident Commonwealth citizens who are unable
[30]
to obtain valid travel documents from their countries of origin and must travel urgently.

When residing in the United Kingdom, Commonwealth citizens are generally exempt from
[31] [32]
registering with local police,  may be employed in non-reserved Civil Service posts,  and
[33]
are eligible to enlist in the British Armed Forces.
Benefits of Commonwealth Citizen ship

Commonwealth Citizens are about to benefit from the recent UK free-visa endorsement.

With Mrs Theresa May as the new British Prime Minister, UK has announced a visa-free entry
for all commonwealth citizens.

Commonwealth countries are those countries that have once served as British territories.
This includes many nations of the world. Out of the 56 member countries, 17 members are
African countries as listed below.

-Botswana-Cameroon-Ghana-Kenya-Lesotho-Malawi-Mauritius-Mozambique

-Namibia-Nigeria-Rwanda-Seychelles-Sierra Leone-South Africa-Swaziland

-Tanzania-Uganda-Zambia

With the UK free-visa endorsement, it means that citizens of commonwealth countries do not
require visas to enter the United Kingdom. The endorsement covers commonwealth citizens
for a period of 6 months.

If you intend staying for more than the stipulated time it is then still mandatory that you apply
for visas to the United Kingdom. The UK free-visa endorsement does not cover
commonwealth citizens beyond 6 months.

As provided under the Immigration Act 1971, Citizens of Commonwealth countries have the
right of abode in the United Kingdom. In any case, the right of abode basically resides with
British citizens.

Under the Immigration Act in 1982, that right has extended to commonwealth citizens;
foreign nationals that were born or legally adopted in the United Kingdom; or a female
Commonwealth citizen or British subject who was, or had been, married to a man with the
right of abode.

According to Wikipedia, anyone who has the right of abode in the UK by way of citizenship or
commonwealth citizenship enjoys these privileges:

An unconditional right to live, work and study in the United Kingdom.

An entitlement to use the British/EEA immigration channel at United Kingdom ports of entry.

An entitlement to apply for United Kingdom social security and welfare benefits (although
those with indefinite leave to enter may also apply).

A right to vote and to stand for public office in the United Kingdom (since everyone with the
right of abode is a Commonwealth citizen; these rights are conditional upon living in the
United Kingdom).

Let’s just say that the UK free-visa endorsement affords commonwealth citizens the rights
and privileges of bonafide British citizens for a period of 6 months

Indian as a member of Commonwealth Countries-

From 1 January 1949, when the British Nationality Act 1948 came into force, to 25 January
1950, Indians in the Indian provinces became British subjects with Indian citizenship .[note
3] From 26 November 1949, Indians domiciled in the territories of India became Indian
citizens. With the promulgation of the Indian Constitution on 26 January 1950, which
established the Republic of India, the majority of Indian citizens were no longer British
subjects, but continued to enjoy the status of Commonwealth citizen(also known as a British
subject with Commonwealth citizenship , a status which does not entitle the holder to use a
British passport), by virtue of their Indian citizenship and India's membership of the
Commonwealth. However, a number of people, notably those who had been born in a former
princely state, 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. The Citizenship Act of India (1955) finally extended Indian citizenship to all Indians,
regardless of whether they had been born in a former princely state or not.

What is Corporate Citizenship?

"A company's role in, or responsibilities towards society". The Business Dictionary

“Corporate Citizenship is a recognition that a business, corporation or business-like

organisation, has social, cultural and environmental responsibilities to the community in
which it seeks a licence to operate, as well as economic and financial ones to its
shareholders or immediate stakeholders.
Corporate citizenship involves an organisation coming to terms with the need for, often,
radical internal and external changes, in order to better meet its responsibilities to all of its
stakeholders (direct or indirect), in order to establish, and maintain, sustainable success for
the organisation, and, as a result of that success, to achieve long term sustainable success
for the community at large.” - (CCRU (Corporate Citizen Research Unit) at Deakin University in
Australia

“The belief that companies need to take an active responsibility for their employees’ lives and
that corporations have social responsibilities even when meeting those responsibilities may
cost money.” - Stebbins, L.F. (2001). Work and family in America. Santa Barbara, CA: ABC-
CLIO, Inc.

The Basics of Corporate Citizenship

Key Takeaways

● Corporate citizenship refers to a company’s responsibilities toward society.

● Corporate citizenship is growing increasingly important as both individual and
institutional investors begin to seek out companies that have socially responsible
orientations such as their environmental, social and governance (ESG) practices.
● Companies go through increasing stages during the process of developing corporate
citizenship.

1.Corporate citizenship refers to a company’s responsibilities toward society.

2. The goal is to produce higher standards of living and quality of life for the communities
that surround them and still maintain profitability for stakeholders. The demand for socially
responsible corporations continues to grow, encouraging investors, consumers and
employees to use their individual power to negatively affect companies that do not share
their values.

All businesses have basic ethical and legal responsibilities, however, the most successful
businesses establish a strong foundation of corporate citizenship, showing a commitment to
ethical behavior by creating a balance between the needs of shareholders and the needs of
the community and environment in the surrounding area. These practices help bring in
consumers and establish brand and company loyalty.
3. Companies go through different stages during the process of developing corporate
citizenship.

Companies rise to the higher stages of corporate citizenship based on their capacity and
credibility when supporting community activities, a strong understanding of community
needs, and their dedication to incorporate citizenship within the culture and structure of their
company.

Development of Corporate Citizenship

The five stages of corporate citizenship are defined as:

1. Elementary;
2. Engaged;
3. Innovative;
4. Integrated; and
5. Transforming.

In the elementary stage, a company’s citizenship activities are basic and undefined because
there is scant corporate awareness and little to no senior management involvement. Small
businesses, in particular, tend to linger in this stage. They are able to comply with the
standard health, safety, and environmental laws, but they do not have the time nor the
resources to fully develop greater community involvement.

In the engagement stage, companies will often develop policies that promote the
involvement of employees and managers in activities that exceed rudimentary compliance to
basic laws.

Citizenship policies become more comprehensive in the innovative stage, with increased
meetings and consultations with shareholders and through participation in forums and other
outlets that promote innovative corporate citizenship policies.

In the integrated stage, citizenship activities are formalized and blend in fluidly with the
company’s regular operations. Performance in community activities is monitored, and these
activities are driven into the lines of a business.
Once companies reach the transforming stage, they understand that corporate citizenship
plays a strategic part in fueling sales growth and expansion to new markets. Economic and
social involvement is a regular part of a company’s daily operations in this stage.

Corporate Social Responsibility (CSR)

Corporate social responsibility (CSR) is a broad concept of corporate citizenship that can
take various forms depending on the company and industry. Through CSR programs,
philanthropy, and volunteer efforts, businesses can benefit society while boosting their own
brands. As important as CSR is for the community, it is equally valuable for a company. CSR
activities can help forge a stronger bond between employee and corporation; they can boost
morale and can help both employees and employers feel more connected with the world
around them.

In order for a company to be socially responsible, it first needs to be responsible for itself
and its shareholders. Often, companies that adopt CSR programs have grown their business
to the point where they can give back to society. Thus, CSR is primarily a strategy of large
corporations. Also, the more visible and successful a corporation is, the more responsibility it
has to set standards of ethical behavior for its peers, competition, and industry.

Example of Corporate Citizenship: Starbucks

Long before its initial public offering (IPO) in 1992, Starbucks was known for its keen
sense of corporate social responsibility, and commitment to sustainability and community
welfare. Starbucks has achieved corporate citizenship milestones such as reaching 99%
ethically sourced coffee; creating a global network of farmers; pioneering green building
throughout its stores; contributing millions of hours of community service; and creating a
groundbreaking college program for its partner/employees. Going forward, Starbucks’ goals
include hiring 10,000 refugees across 75 countries; reducing the environmental impact of its
cups; and engaging its employees in environmental leadership.

Multiple Citizen Ship

● Citizenship by descent (jus sanguinis ). Historically, citizenship was traced through the
father, but today most countries permit the tracing through either parent, and some also
through a grandparent. Today, the citizenship laws of most countries are based on jus
sanguinis . In many cases, this basis for citizenship also extends to children born outside
 the country, and sometimes even when the parent has lost citizenship.
● Citizenship by birth on the country's territory (jus soli ). The United States, Canada, and
many Latin American countries grant unconditional birthright citizenship. To stop birth
tourism, most countries have abolished it; while Australia, France, Germany, Ireland, New
Zealand, South Africa, and the United Kingdom have a modified jus soli , which requires at
least one parent to be a citizen of the country (jus sanguinis ) or a legal permanent
resident who has lived in the country for several years. In the majority of such
countries—for example, in Canada—children born to diplomats and under people outside
the jurisdiction of the soil are not granted citizenship at birth. It is usually conferred
[7][not in citation given ]
automatically on the children once one of the parents obtain citizenship.
● Citizenship by marriage (jure matrimonii ). Some countries routinely give citizenship to
spouses of its citizens, or may shorten the time for naturalization, but only in a few
[8]
countries is citizenship granted on the wedding day (e.g., Iran). Some countries have
regulations against so-called sham marriages (e.g., the United States), and some revoke
the spouse's citizenship if the marriage terminates within a specified time (e.g., Algeria).
● Citizenship by naturalization.
● Citizenship by adoption. A minor adopted from another country when at least one
[9]
adoptive parent is a citizen.
● Citizenship by investment. Some countries give citizenship to people who make a
substantial monetary investment in their country. There are three countries in Europe
where this is possible and several in the Caribbean, including Antigua and
Barbuda, Austria, Cyprus, Grenada, Dominica, Malta, St. Kitts & Nevis, and St. Lucia. These
countries all grant citizenship immediately given due diligence is passed, without a
[10][11]
requirement for any physical presence in the country.  In Asia, Cambodia has laws
enacted that allow foreigners to obtain citizenship through investment, but it is difficult to
[12]
receive without fluency in Khmer.
● Some countries grant citizenship based on ethnicity and on religion: Israel gives all Jews
the right to immigrate to Israel, by the Law of Return, and fast-tracked citizenship. Dual
citizenship is permitted, but when entering the country the Israeli passport must be
[citation needed ]
used.
● Citizenship by holding an office (jus oficii ). In the case of Vatican City, citizenship is
based on holding an office, with Vatican citizenship held by the Pope, cardinals residing
in Vatican City, active members of the Holy See's diplomatic service, and other directors
 of Vatican offices and services. Vatican citizenship is lost when the office term comes to
an end, and children cannot inherit it from their parents. Since Vatican citizenship is time-
limited, dual citizenship is allowed, and persons who would become stateless because of
loss of Vatican citizenship automatically become Italian citizens.

Multiple citizenship avoided[edit]

Some countries consider multiple citizenship undesirable and take measures to avoid it.
Since a country has control only over who has its citizenship, but has no control over who
has any other country's citizenship, the only way for a country to avoid multiple citizenship is
to deny its citizenship to people in cases when they would have another citizenship. This may
take the following forms:

● Automatic loss of citizenship if another citizenship is acquired voluntarily, such

[18] [19]
as Austria,  Azerbaijan,  China(excluding Hong Kong and Macau, which allows multiple
citizenship in parallel with Chinese citizenship at the expense of losing consular
protection from the country involved in Hong Kong, Macau and
[20] [21] [22] [23] [24]
China) , India, Indonesia,  Japan, Kazakhstan,  Nepal,  the
[25]
Netherlands (unless certain conditions are met), Norway, and Singapore.  Saudi
Arabiancitizenship may be withdrawn if a Saudi citizen obtains a foreign citizenship
[26]
without the permission of the Prime Minister (who is also the King).
● Possible (but not automatic) loss of citizenship if another citizenship is acquired
[27]
voluntarily, such as South Africa.
● Possible (but not automatic) loss of citizenship if people with multiple citizenships do not
renounce their other citizenships after reaching the age of majority or within a certain
[28]
period of time after obtaining multiple citizenships, such as Japan and Montenegro. In
[29]
Montenegro loss is automatic with some exceptions.
● Denying automatic citizenship from birth if the child may acquire another citizenship
automatically at birth.
● Requiring an applicant for naturalization to apply to renounce his/her existing
citizenship(s), and provide proof from those countries that they have renounced
citizenship, as a condition of naturalization.
Involuntary multiple citizenship[edit]

Involuntary multiple citizenship can happen in the following ways:

1. If the parents of a child have different citizenships or are multiple citizens themselves,
the child may gain multiple citizenship depending on whether and how jus soli  and jus
sanguinis  apply for each citizenship.
2. Some countries (e.g., Canada, the United States of America and many other countries
in the Americas) regard all children born there automatically to be eligible to be
citizens (jus soli ) even if the parents are not legally present. For example, a child born
in the United States to Norwegian parents automatically has dual citizenship with the
United States and Norway, even though Norway usually restricts or forbids dual
citizenship. There are exceptions, such as the child of a foreign diplomat living in the
United States. Such a child would be eligible to become a lawful permanent resident,
[30]
but not a citizen based on the U.S. birth.

This has led to birth tourism, so some countries have abolished jus soli  or restricted it
(i.e., at least one parent must be a citizen or a legal, permanent resident who has lived
in the country for several years). Some countries forbid their citizens to renounce their
[13][relevant? – discuss ]
citizenship or try to discourage them from doing so.

3. Policy changes may also render people to have multiple citizenship involuntarily, for
example, when the sovereignty of a place is changed, the new country may declare
the people on it to be citizens of the country.

Complex laws on dual citizenship[edit]

Some countries do not simply allow or forbid dual or multiple citizenship in general, but have
more complex rules, such as:

● Some countries allow dual citizenship, but restrict the rights of dual citizens:
o in Egypt dual citizens cannot be elected to Parliament;
o in Armenia dual citizens cannot vote or be elected to Parliament;
o in Israel, members of Parliament must renounce any other citizenship before taking
their seat in the Knesset;
[31]
o in Australia, dual citizens are ineligible to be elected to the Federal parliament.  In
 the 2017-18 Australian parliamentary eligibility crisis, fifteen members of Parliament
were found to have been ineligible for election due to holding dual citizenship,
although most had not been aware of the fact;
o in New Zealand, dual citizens may be elected to Parliament, but MPs once elected
may not voluntarily become a citizen of another country, or take any act to have their
foreign nationality recognised such as applying for a foreign passport. However, the
only person to recently violate this, Harry Duynhoven, was protected by the passage of
retroactive law;
[32]
o In the Philippines, dual citizens may not run for any local elective office.
o In the independent states of the Commonwealth Caribbean, nationals of
any Commonwealth country who meet local residency requirements are eligible to
vote in elections and run for parliament, with one complicated caveat. Each of those
countries has a provision barring anyone who "is by virtue of his own act, under any
acknowledgment of allegiance, obedience or adherence to a foreign power or state"
(to quote a representative provision from the constitution of St Vincent and the
[33]
Grenadines ) from becoming a member of parliament. The precise meaning of
those provisions is disputed, and is the subject of separate ongoing legal disputes in
[34][35][36]
the countries.
● Prior to 2011, South Korea did not permit dual citizenship after the age of 21. Now a
[46]
limited number of persons can have it.  For details, see South Korean nationality
law#Dual citizenship.
● Like Germans and Austrians, citizens of South Africa must apply for permission to keep
[47]
their citizenship when acquiring the citizenship of another country.
● The Turkish government requires that Turkish citizens who apply for another nationality
inform the appropriate Turkish officials (the nearest Turkish embassy or consulate
abroad) and provide the original naturalization certificate, Turkish birth certificate,
document showing completion of military service (for males), marriage certificate (if
applicable) and four photographs. Dual nationals are not compelled to use a Turkish
passport to enter and leave Turkey; it is permitted to travel with a valid foreign passport
[citation needed ]
and the Turkish National ID card.
● Pakistan allows dual citizenship with only 19 countries: Australia, Belgium, Bahrain,
Canada, Denmark, Egypt, Finland, France, Iceland, Ireland, Italy, Jordan, the Netherlands,
[48]
New Zealand, Sweden, Switzerland, Syria, the United Kingdom, and the United States.
Dual citizenship

Dual Citizenship: An Overview

Dual citizenship, sometimes called dual nationality, happens automatically in some
situations, such as when a child is born in the United States to foreign parents. Unless the
parents are foreign diplomats, the child generally becomes a citizen of the United States, as
well as of the parents’ home nation. Similarly, if a child of U.S. citizens is born overseas, he or
she may automatically become a citizen of both the United States and the country of birth,
depending on that country’s laws. 

Dual citizenship can also be achieved through specialized legal processes, such as when a
foreign national marries a U.S. citizen. In this case, dual citizenship is not automatic but is
possible if the foreign national has been a permanent resident (a green card holder) for at
least three years, has been living in marital union with a U.S. citizen spouse during that time,
and meets other eligibility requirements.

While the United States allows dual citizenship without necessarily promoting it, not all
countries do (see a list here). In the above example, the foreign national’s home country may
allow dual citizenship, or it may cancel the person’s citizenship when he or she becomes
naturalized as a U.S. citizen.

One benefit of dual citizenship is having two passports. However, a potential drawback is
double taxation.

Dual citizenship is complex. Read on for the pros, cons and obligations of being a citizen of
two countries.

Advantages And Disadvantages Of Dual Citizenship

Advantages of Dual Citizenship

Benefits and Privileges 

Dual citizens can receive the benefits and privileges offered by each country. For example,
they have access to two social service systems, can vote in either country and may be able to
run for office in either country, depending on the law. They are also allowed to work in either
country without needing a work permit or visa and can attend school in either country at the
citizen tuition rate.

Two Passports 
As a dual citizen, you are allowed to carry passports from both countries. For example, if you
are a U.S. citizen and also a citizen of New Zealand, you can travel more easily between the
two countries. Having a citizen's passport eliminates the need for long-stay visas and
questioning about the purpose of your trip. It also guarantees right of entry to both countries,
which can be especially important if you have family to visit, are a student or do business in
either country.

Property Ownership 
Another benefit of dual citizenship is the ability to own property in either country. Some
countries restrict land ownership to citizens only. As a legal citizen of two countries, you
would be able to purchase property in either – or both – countries. If you travel frequently
between the two countries, this might be especially useful since property ownership might
offer a more economical way to live in two places.

Cultural Education
As a dual citizen you'll reap the benefits of being immersed in the culture of two countries.
Some government officials are also fond of dual citizenship and see it as a way to promote
the country's image as a prime destination for tourists. Perhaps the best upside is the
satisfaction of learning about the history of both countries, a new language and different way
of life.

 Because dual citizenship is complex and the rules and laws regarding citizenship vary from
one country to the next, be sure to consult with qualified experts, including tax accountants
and experienced citizenship lawyers.

Disadvantages of Dual Citizenship

Dual Obligations 
As a dual citizen, you are bound by the laws of both countries. For example, if you are a
citizen of the United States and a country with mandatory military service, you can lose your
U.S. citizenship under certain circumstances, such as if you serve as an officer in a foreign
military that is engaged in a war against the United States. In general, U.S. policy recognizes
that dual citizens might be legally obligated to fulfill military obligations abroad, and many
can do so without jeopardizing their U.S. citizen status, but it is important to research each
situation carefully.

Double Taxation 
The United States imposes taxes on its citizens for income earned anywhere in the world. If
you are a dual citizen living abroad, you might owe taxes both to the United States and to the
country where the income was earned. Income taxtreaties are in effect, however, between
the United States and many other countries that reduce or eliminate a U.S. citizen’s tax
liability in the United States. A treaty between the United States and New Zealand, for
example, overrides the income tax laws of each country to avoid double taxation. Even so,
dual citizens may be required to file U.S. tax returns. Because tax laws are complicated and
can change from year to year, be sure to consult with a qualified tax accountant.

Security Clearance 
Depending on your career path, dual citizenship can be a disadvantage. If you are seeking a
position with the U.S government or access to classified information, having dual citizenship
can prevent you from gaining the security clearance you need to work in these fields. Those
born into dual citizenship may encounter fewer problems than those who actively sought it
out. 

Complicated Process 
Sometimes dual citizenship happens automatically, as is the case when a child is born in the
United States to foreign parents. Other times, however, the process can take many years and
can be extremely expensive.

Dual Citizenship Example

To become a U.S. citizen (if you weren't born here), you must live in the United States as a
permanent resident continuously for five years (or three years if you are married to and living
with the same U.S. citizen), and you must pay $1,225 to apply for permanent residency and
then another $725 to file an application for citizenship, as of 2019. That does not include the
cost of an immigration lawyer, a professional who can be helpful in achieving citizenship.
KEY TAKEAWAYS

● Dual citizens enjoy certain benefits, such as the ability to live and work freely in two
countries, own property in both, and travel between the countries with relative ease.
● Drawbacks include the potential for double taxation, the long and expensive process
for obtaining dual citizenship and the fact that you become bound by the laws of two
nations.
● Applying for dual citizenship is a complicated process which means it's crucial to seek
the expertise of qualified experts

Overseas citizenship to the people of Indian Origin and Non Resident Indians

Overseas Citizenship of India

From Wikipedia, the free encyclopedia

Jump to navigationJump to search

Overseas Citizenship of India

Front Cover of an OCI card

 Date first issued 2 December 2005

Issued by  India

Purpose Visa, Identification

Eligibility requirements see eligibility

Cost ₹15,000 (In India)

US$275 (abroad)
Renewal ₹ (In India)
Renewal US$25 (abroad)

The Overseas Citizenship of India (OCI) is an immigration status permitting a foreign citizen

of Indian origin to live and work in the Republic of Indiaindefinitely. The OCI  was introduced in
response to demands for dual citizenshipby the Indian diaspora, particularly in developed
countries. It was introduced by The Citizenship (Amendment) Act, 2005  in August 2005. It
[1]
was launched during the Pravasi Bharatiya Divas convention held in Hyderabad in 2006.

The Constitution of India prevents Indian citizens from holding dual citizenship,

although Article 370 and Article 35A recognise the people of Indian administered
state Jammu and Kashmir (J&K) as residents of J&K as well as citizens of India; as the
whole of Jammu & Kashmir (including Pakistan-Administered [Pok]  and Gilgit-Baltistan ) is a
disputed area in accordance with the UN Security CouncilResolutions. As such the OCI  is not
[2]
actual citizenship of India according to Indian law  as it has many limitations such as no
right to vote, no right to hold constitutional offices, and no right to buy agricultural
[3]
properties.  The United Kingdom's government argues differently, however, and it
[4]
considers OCI  as dual nationality.

To apply for and use an OCI document, a holder must be a citizen of and hold a passport of
[5]
another country, except that of Pakistan and Bangladesh.

History[edit]

The Constitution of India does not permit dual citizenship for citizens of India. Indian
authorities have interpreted the law to mean a person cannot have a second country's
passport simultaneously with an Indian one — even in the case of a child who is claimed by
another country as a citizen of that country, and who may be required by the laws of the other
country to use one of its passports for foreign travel (such as a child born in United States or
in Australia to Indian parents), and the Indian courts have given the executive branch wide
discretion over this matter.

On the recommendations of a High-Level Committee on Indian Diaspora, the Government of

India decided to register Persons of Indian Origin (PIOs) of a certain category, as has been
specified in the Section 7A of the Citizenship Act, 1955, as Overseas Citizenship of India (OCI)
[6]
cardholders.
[7]
Iftekhar Shareef was the first recipient of the OCI card on January 7, 2006.

Before February 2015, travellers holding OCI card were required to carry the passport which
contained the lifetime visa while traveling to India. This requirement was done away with in
2015, and OCI card holders no longer require the visa sticker passport. The OCI card (the blue
booklet) in conjunction with a current valid foreign passport is sufficient to travel to and
from India.

Eligibility[edit]

The Government of India, on application, may register any person as an Overseas Citizen of
India, if the person:

● was a citizen of India on 26 January 1950 or at any time thereafter; or

● belonged to a territory that became part of India after 15 August 1947; or
● was eligible to become a citizen of India on 26 January 1950; or
● is a child or a grandchild or a great-grandchild of such a citizen; or
● is a minor child of such persons mentioned above; or
● is a minor child and whose both parents are citizens of India or one of the parents is a
citizen of India; or
● is a spouse of foreign origin of a citizen of India or spouse of foreign origin of an
Overseas Citizen of India Cardholder registered under section 7A of the Citizenship Act,
1955 and whose marriage has been registered and subsisted for a continuous period of
not less than two years immediately preceding the presentation of the application

No person, who or either of whose parents or grandparents or great grandparents is or had

been a citizen of Pakistan or Bangladesh, is eligible for registration as an Overseas Citizen of
[8]
India.  Persons who served as a member of any foreign military are also ineligible to receive
 [9][10]
an OCI card.

Privileges and restrictions[edit]

[12]
Overseas Citizenship of India allows a holder:

1. Multiple-entry, multi-purpose lifelong visa to visit India;

2. Exemption from foreigner registration requirements for any length of stay in India;
and
3. Parity with non-resident Indians in financial, economic and educational fields except
in the acquisition of agricultural or plantation properties.

Overseas citizens of India are not citizens of India from a constitutional point of view and will
[13]
not enjoy the following rights even if resident in India:

[14]
1. they do not have the right to vote,
2. they do not have 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,
3. appointment to Public Services (Government Service).

Overseas recognition[edit]

Most overseas countries such as United States of America do not recognise the OCI as
[3]
citizenship of another country. There are however some exceptions.

Statelessness[edit]

A stateless person cannot apply for an OCI, however there is an open question if an OCI
holder can be considered stateless (if they lose citizenship of the other country), so in
[25]
countries where citizenship to dual citizens can be revoked, such as Australia  an OCI
holder may be disadvantaged, however, the lack of precedents in this area means that the
issue is uncertain.

United Kingdom[edit]

In specific circumstances, acquiring Overseas Citizenship of India prevents British National

(Overseas) and British Overseas citizens from registering as full British citizens under
Section 4B of the British Nationality Act 1981 (which requires that they have no other
[26]
citizenship in order to register).  It does not prevent them from acquiring full British
citizenship by a different method and it does not revoke their British citizenship if they have
[27]
already registered under Section 4B.  The UK government considers that, for purposes of
[4]
the British Nationality Act 1981, "OCI is considered to be citizenship of another State".  The
circumstance where a person in this provision is rare, as it means (a) they hold a secondary
[26]
form of British citizenship such as a British Overseas citizen  and passport. (b) they do not
hold any other citizenship. (c) They have been issued an OCI nevertheless.

The British Home Office has confirmed that the Foreign and Commonwealth Office's
perspective on OCI status is that it is not a form of citizenship. As such, people with OCI are
[28]
still eligible for consular assistance from the FCO whilst in India.

OCI and PIO documents merge[edit]

The predecessor to the OCI was the Persons of Indian Origin Card (PIO card). The PIO card
was less effective than OCIs, and there was some criticism that holders of the more
expensive PIO card were disadvantaged when the OCI scheme launched, that there was
confusion of the differences between the two, and administration of the two independent
schemes caused complexity and confusion.

Prime minister Narendra Modi announced in 2014 that PIO and OCI cards would be
[29] [30]
merged.  Ultimately this was implemented as:

1. A gazetted order published on 30 September 2014 stated a PIO card issued to an

applicant shall be valid for their lifetime, provided such applicant has a valid Passport.
2. A gazetted order published on 9 January 2015, converted all PIO holders on that date
to OCI,
3. That second order stopped further applications of the PIO card, and
4. Free conversion of PIOs to OCIs was permitted before the extended deadline of 30
June 2017.

PIO cardholders must apply to convert their existing cards into OCI cards. The Bureau of
Immigration stated that it would continue to accept the old PIO cards as valid travel
[31]
documents until 30 September 2019.

Physical appearance[edit]

The OCI document is a passport-like document (though it is not a passport). It has a blue
cover with golden colored printing. The Emblem of India is emblazoned in the centre of the
front cover. The words 'Overseas Citizen of India Card' are inscribed above the Emblem, and
'भारत गणरा य' (Hindi) and 'Republic of India' (English) are inscribed below the emblem.

OCI Cards were formerly printed with a separate lifelong “U” Visa Sticker (which was pasted
on the applicant's passport). The proof of lifelong visa is now just the OCI Card which has a
“Life Time Visa” printed on it. The OCI Card is valid for travel but must be carried with a valid
overseas passport. Airlines will, generally, ask to see both when traveling to and from India,
as will Indian customs and police at Airport counters.

OCI contents[edit]

First page (identity) contents[edit]

● Number
● Surname
● Given name(s)
● Nationality
● Gender
● Date of birth
● Place of birth
● Place of issue
● Occupation
● Date of issue
● Photo of holder
● Signature of the holder
● The information page ends with the Machine Readable Passport Zone (MRZ).

Second page contents[edit]

The OCI certificate contains a note:

“ This is to certify that the person whose particulars are given in this Certificate have
been registered as an Overseas Citizen of India under the provisions of Section 7A of
the Citizenship Act, 1955 ”

The note bearing page is typically stamped and signed by the issuing authority.
Final page contents[edit]

● Name of father or legal guardian

● Name of mother
● Address
● Passport number
● Date of Issue
● Place of Issue
● Visual distinguishing mark
● File number

List of notable people with OCI status[edit]

[32]
A total of 1,372,624 people held OCI cards as on 31 July 2013.

Name Profession Nationality References

[33]
Akshay Kumar Actor Canadian

[34]
Akhil Akkineni Actor American

[35]
Sunny Leone Actor Canadian

[36]
Soni Razdan Actor British

[37]
Alia Bhatt Actor British

[38]
Imran Khan Actor American

[citation needed ]
Katrina Kaif Actor British
 [citation needed ]
Nargis Fakhri Actor American

Suzanne [citation needed ]

Actor German
Bernert

[citation needed ]
Cyrus Mistry Businessperson Irish

Tony [39]
Businessperson Malaysian
Fernandes

Computer [40]
C. Mohan American
Scientist

[41]
Shaun Tait Cricketer Australian

Muttiah [42]
Cricketer Sri Lankan
Muralitharan

[43]
António Costa Politician Portuguese