RENUNCIATION OF INDIAN CITIZENSHIP
General Information
1. As per Section 8 of the Citizenship Act, 1955 an Indian citizen of full age and capacity may make in the prescribed manner a declaration renouncing his/her Indian Citizenship. The declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India.
2. Section 9 of the Citizenship Act, 1955 states that any citizen of India who by naturalization, registration or otherwise voluntarily acquired the citizenship of another country shall, upon such acquisition, ceases to be a citizen of India.
3. Those foreign nationals of Indian Origin who have already acquired citizenship of any other country are not eligible to renounce their citizenship. In fact, their citizenship has already been terminated under Section 9 of the Citizenship Act 1955 by acquiring citizenship of other country.
4. Where a person ceases to be a citizen of India on renunciation of citizenship under section 8(1), every minor child of that person shall thereupon ceases to be a citizen of India. However, such a child may, within one year after attaining full age, can make a declaration in the prescribed form and manner that he/she wishes to resume Indian citizenship.
5. However, in following cases, the citizenship of minor children under section 8(2) of the Citizenship Act 1955 is not affected:
i. when one parent renounces the Indian Citizenship before the birth of the minor child and other parent remains an Indian citizen;
ii. when one parent who presently holds foreign citizenship, was never an Indian and other parent is Indian;
iii. If parents of minor child have voluntarily acquired citizenship of another country, they cease to be a citizen of Indian under provisions of Section 9 of the Citizenship Act. It is to state that Section 9 of the Act does not have any provision of termination of citizenship of minors of such persons.
6. When one parent renounces the Indian citizenship u/s 8 of the Citizenship Act and the other parent continues to hold Indian citizenship and the parents either get divorced and the custody of child is given to one of the parents or without divorce the court has given legal custody of the child of one of the parents – In such a case (if only one parent has renounced Indian citizenship and the other parent is still an Indian citizen), the citizenship of minor shall be of that parent who has the legal custody of that minor child.
7. The Indian Citizenship Act, 1955, does not provide for dual citizenship. Thus, holding an Indian passport/acquiring an Indian passport/travelling on an Indian passport after acquiring foreign citizenship is an offence under the Indian Passport Act, 1967. Foreign nationals are advised to surrender their Indian passports in both cases whether they have renounced their Indian citizenship under Section 8(1) of the Citizenship Act, 1955 or their citizenship has been terminated under Section 9(1) of the Citizenship Act, 1955.
Procedure for applying for Renunciation of Indian Citizenship under Section 8(1) of the Citizenship Act, 1955
1. The application for Renunciation of Indian citizenship under Section 8 of the Citizenship Act, 1955, must be made online on the Ministry of Home Affairs (Foreigners Division) website at https://indiancitizenshiponline.nic.in/Renounce.
2. The particulars entered in the online application should exactly match as per their Indian Passport since these particulars will be verified in India. Any incorrect or inaccurate details may result in the rejection of the application at any stage. In such cases, where wrong information has been submitted, applicants are requested to apply afresh with correct information.
3. Once the above process is completed, please download and print a copy of FORM XXII. The printed copy is required to be submitted at Consulate General of India, Frankfurt in person. Applicant's details must be vouched by another Indian national on Form XXII who is not a family member of the applicant.
4. The fee for the service is Euro 90/- (including ICWF)
5. Do not sign the Form XXII beforehand. Signing Form XXII and submitting the application must be done in person at the Consulate for verification on any working day between 9.30 hrs and 11.30 hrs. Applicants are requested that the signature on form XXII should be the same as in their Indian Passport.
6. The status of the application is available online at https://indiancitizenshiponline.nic.in/Renounce. Processing of Citizenship Renunciation applications may take minimum of 10-12 weeks (starting from date of receipt of complete application at the Consulate’s counter) and the Renunciation Certificate could be issued only after getting clearance from the Ministry of Home Affairs, New Delhi. Applicants are requested to refrain from making status inquiries during this period.
Documents required for Renunciation of Indian Citizenship:
(i) Copy of first and last page of Current Indian Passport
(ii) Copy of City Registration (Meldebescheinigung).
(iii) Particulars Form (To be signed by a witness who should be an Indian national other than the applicant and the family member of the applicant)
Note: Minor applicants are not required to fill out an online declaration for Renunciation of Indian citizenship through the MHA portal. They are only required to complete the online application for Passport Surrender Certificate.