With regard to the query, whether Tibetan can get the Indian passport by getting married to an Indian Citizen as a legal means to obtain the Passport.
The answer is yes from the legal point as well from the stand of Policy of the Government of India.
A) LAW: The Citizenship Act, 1955 says:
Citizenship by registration:
The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person
a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
B) POLICY OF GOVERNMENT OF INDIA says:
Policy of the Government of India in its inter- ministerial meeting decides that
” Citizenship application of Tibetan married to an Indian under Section 5(1)(c) of the Citizenship Act, 1955 may be considered on merits and on case to base basis, subject to usual security checks, full verification of antecedents etc.
C) PROCEDURE TO GET PASSPORT :
To Get the Passport, first you must be declared an Indian citizen to get the benefits of Passport. Passport is not automatically issued when you get married to an India Citizen.
To get Indian Citizenship, you must make an application under section 5(1) (c) of the Act along with the requisite documents such as
i) Marriage certificate,
ii) Proof of your spouse’s citizenship (copy of passport or birth certificate),
iii) your residential proof, i.e Copy of valid Residential Permit/RC /Adhaar Card etc
iv) proof of your 7 years stay in India etc.
v) Declaration and Oath of allegiance as specified in the form to be made before the offices specified in the Citizenship Rules, 1955 i.e. Collector/ DM/ DC.
D) FORMS TO BE FILLED
Form III, Section 5 (1) (c) is available online.
http://indiancitizenshiponline.nic.in/ic_51c_tab.aspx
E) PAYMENT OF FEE:
Copy of Bank Challan in original amounting to Rs.500/- payable towards declaration and Oath of allegiance deposited in the State Bank of India under Head No.”0070-Other Administrative Services-Other Services-receipts under the Citizenship Act”
F) WHERE TO APPLY?
If you prefer not to apply online, you can apply in person by first downloading the forms and filling them out. Generally, you apply where you reside in India. You will submit your application to the Collector/District Magistrate- personally.
G) HOW TO SURRENDER RC/IC?
After the Application is submitted to the Collector, the application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government within 60 days. Thereafter, the State Govt. shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.
When your application is accepted, you will be notified through the State Government.
The applicant should not renounce his RC and IC till the citizenship application is accepted and informed of the decision.
The applicant is then required to furnish through the State Government, a receipt of surrendering of his RC and IC proof of fee payment and personal particulars. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.
H) HOW LONG IT TAKES?
Approximately 6 months OR MORE.
Hope your query has been sufficiently answered. if you need further clarification, then do call the office on 01892-226566 or email us at tla23july2014@gmail.com
Regards,
Namgyal and Team of Lawyers
FORM III [See rule 5(1)(a)
The Citizenship Rules, 2009
APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(c) OF THE CITIZENSHIP ACT,1955 MADE BY A PERSON WHO IS/HAS BEEN MARRIED TO A CITIZEN OF INDIA
Note: Please write/print in BLOCK LETTERS
PART I
- I,…………………………………….(mention full name) resident of (complete postal address)…………………………………………………… of full age and capacity and was born at ( Tehsil, District,State and country)……………… ………………………….on…………………and is a citizen of……………..…
- My father’s full name is ………………………and he was born at (with Tehsil, District, State and country)…………………………on………………and is a citizen of……………………………
- My mother’s full name is …………………and she was born at (with Tehsil, District, State and country)………………………………..on…………………and is a citizen of Tibet
- I was married at (with Tehsil, District, State and Country)………………………on…………….t o Shri/Smt .………………….( full name of husband/wife). PHOTOGRAPH
- My husband/wife was born at (with Tehsil, District, State and country)…………………….on…………………and he/she is a citizen of India by birth/descent/registration*/naturalization* ………………….
- My marriage subsists YES/NO
- Details of residence in India :
(a)Date of entry in India: ……………………………………………….
(b) I have resided India continuously for a period of 12 months immediately Yes/No preceding the date of application.
(a) During the eight years immediately preceding the said period of twelve Yes/No months, I have resided in India for period amounting in the aggregate to not less than six years.
8 (a) Sex:………………..(b) Occupation:……………………………….
(c) If in service, address of employer: ………………………………..
(d) Mark of Identification: ..……………………………………………
9 Passport particulars: (a)Country:…Tibet (b)Number…RC No 63/20111/Dh.
- Visa valid up to:… RC stay extended till 10/10/ 2020
- Details of family members who are staying in India with the applicant:
12 Details of criminal proceedings, if any:
PART II
- I have/have not previously renounced or been deprived of the citizenship of India. (If the applicant has renounced his Indian citizenship, here state the date on which the declaration of renunciation was made; or if he has been deprived of his citizenship state the date on which and the authority by whom, the order of deprivation was made)
- I have/have not previously applied for registration as a citizen of India and the application has /has not been rejected.
- I hereby declare that my intention is to make India my permanent home and undertake that I shall renounce the citizenship of my country in the event of my application being sanction.
- I,….. do solemnly and sincerely declare that the foregoing particulars stated in this application are true and I make this solemn declaration conscientiously believing the same to be true.
Date:10/7/2017 Signature….……..
Made and subscribed this 10th Day…..of July 2017 before me.
*Signature…………………………. *Designation……………………….
- I, the undersigned hereby state that I am an Indian citizen otherwise than by naturalization that I am householder, and that I am not the solicitor or agent of ………………I vouch for the correctness of the statements made by him in his application for Indian Citizenship.
Signature …………………………… Name ………………………………. Full postal address …………………….. ….………………………………….
Oath of Allegiance
I, …… .do solemnly affirm and swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India.
*Signature………………………..
Affirmed/Sworn and subscribed this 10th day of July 2017.
*Signature…………………… *Designation…………………