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Australian wants to migrate to India. Will he be granted indian citizenship or will she be granted australian citizenship or both will be granted dual citizenship ? Will there be any legal complications in the future ?

2007-12-03 22:15:13 · 3 answers · asked by Mani 1 in Family & Relationships Marriage & Divorce

3 answers

As far marriage between an Indian lady & an Australian man is concerned they can marry in India under the Special Marriage Act, 1954 or in Australia under the Foreign Marriage Act, 1969. Under both these Acts the marriage is solemnized before the Marriage Officer/registrar in other words this will be a civil marriage. A valid marriage certificate will be issued by the Marriage officer that will be recognized anywhere in the world for any purpose including getting PR immigration or citizenship. As far the question of citizenship is concerned for India or Australia, firstly either of the case the party seeking it on the basis of such marriage has to get himself or herself permanent resident immigration for either of the country. In case of India the citizenship on the basis of marriage to an Indian citizen by a foreigner citizen is concerned that such foreigner can apply only after his seven years continues stay here in India with his spouse, only after this period of seven years he can apply for the citizenship on the basis of his marriage & stay with his wife in India. As far the citizenship of Australia is concerned a similar legal provision exists. To be eligible for Australian citizenship, the spouse of an Australian citizen must be a permanent resident of Australia and must satisfy the requirements applicable to other adult applicants, including the residence requirement.
Now coming to dual citizenship in your case. The Australian law permits dual citizenship for its citizens. As far India is concerned now even after getting a foreign citizenship the non resident Indian/person of Indian origin gets certain privileges similar to Indian citizens with certain conditions, in the form of PIO (person of Indian origin) cardholder. This a brief legal position in your case.

2007-12-03 23:16:57 · answer #1 · answered by vijay m Indian Lawyer 7 · 7 0

Well don't you have kids from your previous relationships, won't you need to take then with you or come back and visit ?
You just goto travel as tourists then take it slowly.
Look after the kids first !
Save the air fares and stay where you are !
Then if you marry and work you will get citizenship in due course !

2007-12-03 22:30:40 · answer #2 · answered by Love life and share happiness 3 · 0 0

I think you would both have to request citizenship in the respective countries.

2007-12-03 22:20:08 · answer #3 · answered by Anonymous · 1 0

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