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RegistrationIN-REG-03

Registro — cônjuge de cidadão indiano 7y

Cidadania em India

Elegibilidade
Pessoa casada com cidadão indiano, residente habitual na Índia 7 years.
Prazo
standard
Renúncia
Exigida

Quem se qualifica

Three elements are required for §5(1)(c): (1) the applicant is married to a citizen of India; (2) the applicant is ordinarily resident in India for seven years before the application (operationalised by Explanation 1); and (3) the §5(1) chapeau conditions — not an illegal migrant (§2(1)(b)) and not already a citizen. A full-age applicant must take the Second Schedule oath of allegiance before registration (§5(2)), and the §5(3) prior-loss bar applies. The grant is discretionary under §14, without assigned reasons, and final subject to §15 revision. The residential requirement — but not the marriage requirement — may be exempted by the Central Government under §5(6) for a person or class, for reasons recorded in writing. On the primary text, clause (c) is gender-neutral ('a person who is married to a citizen of India'), so the route is available to a spouse of any gender married to an Indian citizen.

Como solicitar

The foreign-national spouse of an Indian citizen applies to the Central Government in the prescribed manner for registration under §5(1)(c). The Central Government verifies the marriage to an Indian citizen and the seven-year ordinary residence (as deemed by Explanation 1), unless the residential requirement has been exempted under §5(6). If satisfied, it may register the applicant; the grant is discretionary under §14 and final subject to §15 revision. A full-age applicant must take the Second Schedule oath of allegiance before registration (§5(2)); on registration the person is a citizen by registration from the date of registration (§5(5)). The §5(3) prior-loss bar applies. Because registration confers full Indian citizenship and India does not permit dual citizenship (Constitution Art 9; §9), a successful spouse applicant must relinquish any foreign nationality, and later voluntary foreign acquisition auto-terminates Indian citizenship under §9(1). Government fees and timelines are operational figures not asserted here.

Base jurídica

Section 5(1)(c) empowers the Central Government, on an application made in that behalf, to register as a citizen of India a person who is married to a citizen of India and is ordinarily resident in India for seven years before making the application. It is the marriage-based registration category and forms part of the §5(1) text substituted by Act 6 of 2004 (w.e.f. 3 December 2004); the same substitution raised the clause (a)/(c) residence figure from five years to seven years. The §5(1) chapeau conditions apply: the applicant must not be an illegal migrant (§2(1)(b)) and must not already be a citizen by virtue of the Constitution or the Act. Two features distinguish clause (c) from the other registration categories: first, Explanation 1 to §5(1) (the ordinary-residence deeming) applies to it because Explanation 1 governs 'clauses (a) and (c)'; second, §5(6) gives the Central Government a bespoke power to grant exemption from the residential requirement 'under clause (c)' for a person or class of persons, for reasons recorded in writing — an exemption available for the spouse route alone.

Cenários de exemplo

Os cenários de exemplo são exibidos em inglês.

  • She may APPLY (discretionary) to register under §5(1)(c): married to an Indian citizen and ordinarily resident in India for seven years before the application, not an illegal migrant, and takes the oath. Grant is discretionary under §14.

    Citizenship Act 1955 §5(1)(c) (spouse of Indian citizen + 7-year ordinary residence); §5(2) oath; §14 discretion.

  • NO, not yet. §5(1)(c) requires seven years of ordinary residence in India before the application; one year of marriage/residence does not qualify. (Note: OCI as a spouse needs only a 2-year subsisting marriage, but OCI is not citizenship.)

    Citizenship Act 1955 §5(1)(c) (7-year ordinary residence requirement).

  • On the primary statutory text, §5(1)(c) is gender-neutral ('a person who is married to a citizen of India'), so the route is framed for a spouse of any gender who meets the 7-year residence and other conditions. (Whether a given marriage is recognised is a separate question not resolved by this route text.)

    Citizenship Act 1955 §5(1)(c) gender-neutral wording ('a person who is married to a citizen of India').

  • The §5(1)(c) route requires the applicant to BE married to an Indian citizen (plus 7 years' ordinary residence). If the marriage has ended, the 'married to a citizen of India' element is not satisfied and the spouse route is unavailable; she would need a different route (e.g., §5(1)(a) if of Indian origin, or §6 naturalisation).

    Citizenship Act 1955 §5(1)(c) (subsisting marriage to an Indian citizen is an eligibility element).

  • The RESIDENTIAL requirement (but not the marriage requirement) may be exempted by the Central Government for a person or class, for reasons recorded in writing. This is a discretionary relaxation, not an entitlement.

    Citizenship Act 1955 §5(6) (Central Government may waive the §5(1)(c) residence requirement, not the marriage requirement).

Resumo informativo compilado a partir de fontes legais primárias — não é aconselhamento jurídico. A lei de cidadania muda; verifique com a autoridade competente antes de agir. Verificado pela última vez em 2026-07-04.

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