DUAL CITIZENSHIP

           Dual Citizenship- An equal claim, simultaneously possessed by two nations, to the allegiance of an individual.

       This term is frequently perceived as synonymous with dual citizenship, but the latter term encompasses the concept of state and federal citizenship enjoyed by persons who are born or naturalized in the United States.

          Under International Law, the determination of citizenship when dual nationality is involved is governed by treaty, an agreement between two or more nations.

            A person who possesses dual citizenship generally has the right to "elect," or to choose, the citizenship of one nation over that of another, within the applicable age limit or specified time period. A person could be a U.S. citizen because of his or her birth in the United States and a citizen of a foreign country because his or her immigrant parents returned with their child to their native land. Foreign law could deem the child to be a citizen of the parents' native land, but it cannot divest the child of U.S. citizenship.

              Under federal law, a native-born or naturalized U.S. citizen relinquishes his or her U.S. citizenship if the individual procures naturalization in a foreign state through a personal application, or pursuant to an application filed in his or her behalf by a parent, guardian, or duly authorized agent, or through the naturalization of a parent having legal custody. An exception, however, provides that the individual will not lose his or her U.S. citizenship as the consequence of the naturalization of a parent or parents while he or she is under twenty-one years of age, or as the result of a naturalization obtained on his or her behalf while under twenty-one years of age by a parent, guardian, or authorized agent, unless the individual fails to enter the United States to establish a permanent residence prior to the twenty-fifth birthday.

            The treaty between the United States and the foreign nation determines whether the individual may maintain the dual citizenship if he or she elects to retain the U.S. citizenship, or may lose his or her foreign citizenship and remain only a U.S. citizen.

 Source: Dual Nationality legal definition of Dual Nationality. Dual Nationality synonyms by the Free Online Law Dictionary.

         Multiple citizenship :Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements. Colloquial speech refers to people "holding" multiple citizenship but technically each nation is making a claim that this person be considered its national. For this reason it is possible that a person be a citizen of one, none or many countries.Individual countries follow their own individual rationales in establishing their criteria for citizenship. Some countries bestow citizenship automatically at birth to persons with a parent who is one of their nationals (jus sanguinis), or to persons born on their territory (jus soli), or through marriage to persons wedding their nationals (jure matrimonii). Other nations (such as Australia) allow the grant of citizenship to be made to the children of citizens under certain circumstances. In addition, citizenship can be granted through naturalization. Once citizenship is bestowed, the bestowing country may or may not consider a voluntary renunciation of citizenship to be valid.

                Some countries consider multiple citizenship undesirable and take measures to prevent it; this may take the form of an automatic loss of a citizenship if another citizenship is acquired voluntarily (e.g., in China, Denmark, Japan, Singapore and India) or criminal penalties for exercising another citizenship (e.g., for carrying a foreign passport in Saudi Arabia). Others may allow a citizen to have any number of nationalities. However, since each country decides for itself who its citizens are, based solely on its own laws and generally without regard for the laws of other countries, it is quite possible for a given individual to be considered a citizen by two or more countries even if some or all of these countries forbid dual or multiple citizenship. For example, Germany and Austria officially do not allow dual citizenship, but Germans and Austrians can apply for a permit to keep their citizenship ("Beibehaltungsgenehmigung") before taking a second one (Arnold Schwarzenegger holds Austrian and US citizenship). Spain allows dual citizenship, and has dual-citizenship treaties with some of its former colonies (Argentina, Bolivia, Chile, Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Paraguay, Peru, and Uruguay). The citizens of these countries can become Spaniards without having to renounce their old citizenship.

                 On the other hand, some countries consider multiple citizenship desirable because it increases opportunities for their citizens to compete and build contacts globally, and/or have taken active steps towards permitting multiple citizenship in recent years (e.g., Australia since April 4, 2002). India, as noted below, has introduced a form of overseas citizenship but this stops well short of full dual citizenship. Many countries, even those that "permit" dual or multiple citizenship, do not "recognize" dual or multiple citizenship under their laws: individuals are treated either as citizens of that country or not, and their citizenship with respect to other countries is considered to have no bearing. This can mean (e.g., in Iran, Mexico, many Arab countries, former Soviet republics) that consular officials abroad may not have access to their citizens if they also hold local citizenship. Some countries may provide access for consular officials as a matter of courtesy, but do not accept any obligation to do so under international consular agreements. The right of countries to act in this fashion is protected via the Master Nationality Rule. In popular discourse, reference to countries that "recognize" multiple citizenship may refer only to the lack of any specific statute forbidding multiple citizenship (leaving aside the difficulties of enforcing such statutes).

_______________________________________________________________________________________________

                  When more than one country recognizes a person as its citizen, then that person is said to possess dual citizenship. A dual citizen is a person who owes allegiance to more than one country at the same time. A claim to allegiance may be based on facts of birth, marriage, parentage or naturalization. A dual citizen may, while in the jurisdiction of either country, that considers that person as its citizen, be subject to all of its laws, including being forced for military service. There is no internationally agreed upon principle governing dual citizenship. Each country is free to determine how it will treat an individual who is a citizen of both, that country and of another.

A dual citizenship may carry with it a few benefits, but it is also likely to bring unexpected difficulties. Dual citizenship offers to some people practical advantages in the form of social security or employment. At times dual citizenship also increases people's feeling of belonging because they have strong personal ties to more than one country. It also gives opportunity to people to "shop around" for a country with lower taxes. At the same time there may be laws in a country in which a foreign traveler is not subjected to but which apply to a person as a citizen of that country. For example, restrictions on exit, compulsory military service, special taxes or financial compensation for services received in the past including educational cost. A dual citizen may also be affected if countries of which he is a citizen are involved in political upheavals or military conflicts. Some countries allow dual citizenship, whilst others take away the citizenship of the person who acquires another citizenship. Each country has its own citizenship laws based on its polity.

At times a person may acquire dual citizenship by automatic operation of different laws rather than by his own choice. For example, a child born in a foreign country to Indian citizen parents may be both an Indian citizen as well as a citizen of the country of birth. However, as per the Indian laws, on attaining majority, that person will have to choose

between the citizenship of that foreign country or India. The Constitution of India does not permit dual citizenship and if any of its citizens acquire citizenship of any other country, that person loses his Indian citizenship. Likewise, for the United States to allow naturalized citizens also to hold citizenship in a foreign country is against its laws.

However, the number of countries that recognize and even promote dual status is rising. Albania, Barbados, Brazil, Bulgaria, Cambodia, Canada, Central African Republic, Columbia, Croatia, Cyprus, Dominica, Ecuador, France, Ghana, Greece, Greneda, Guatemala, Hong Kong, Hungary, Iran, Ireland, Israel, Liechtenstien, Maldives, Morocco, New Zealand, Nigeria, Panama, Peru, Poland, Portugal, Romania, Sri Lanka, Switzerland, Syria, Turkey and United Kingdom are amongst the countries who recognize dual citizenship. Last year, Mexico also joined this list.

Refusal by the country of birth to release its natural born citizen from its citizenship upon that individual naturalizing in another country probably caused the concept of dual citizenship. The common law doctrines that `no man may abandon his country' and `once a subject always a subject' could not prevent the fact of global mobility. Many countries aggressively asserted these doctrines. They made their citizens, who had acquired citizenship of another country, undergo rigours of their law upon visiting their home country. France, Prussia and Spain were counted amongst countries that attempted to extract military service from naturalised Americans on mere visits to their countries of birth. International law posed few restraints on a state's treatment of its own nationals. Countries extracting duties from its citizens also afforded protection to them. This also gave rise to dual citizenship as alternate citizenships could be wielded as shields against one another. On account of increase in international migration, the acquisition of citizenship by birth is the third cause of the origin of dual nationality. Children in such cases enjoy nationality by both parentage and by place of birth.

               It is believed that persons who voluntarily maintain dual citizenship pose a threat to the protection of the community. In many cases they do not make any contribution to either of the country of which they maintain citizenship. They do not have real attachments to the State whose protection they seek. They merely create trouble and are of no value to either of the country to whom they belong. This characteristic of dual nationality was recognized by US President Grant as far back as the year 1874 when in his annual message to the Congress he observed to the effect that:

"Persons who claim the benefit of citizenship, while living in a foreign country, contribute in no manner to the performance of the duties of a citizen of the United States, and without intention at any time to return and undertake those duties they use the claims to citizenship of the United States simply as a shield from the performance of the obligations of a citizen elsewhere".

               The country that winks at dual status plays a dangerous game of Russian roulette. When it comes to core loyalties to which country a person possessing dual citizenship belong to? If dual nationality is to be tolerated, polygamy should not be objected to and a man with two wives should also be patronized.

__________________________________________________________________________________________

Types of Visa for India

Indian Tourist Visas

An Indian Tourist visa is usually granted for up to six months. Holders of this type of travel visa, or visit visa as they are often known, may not work during their stay in India and cannot extend their stay.

India also offers a transit visa, which permits applicants to transfer through India for a period of up to fifteen days en route to another, final destination.

Indian Business Visas

An Indian business visa can be valid for between three months and five years and requires a letter from a sponsoring Indian company to be submitted along with an introductory letter from the employer in the applicant's country of residence.

Business visas can be granted as a single or multiple entry variant and are designed to allow applicants to travel to India in order to pursue business activities, excluding employment, such as attending meetings and business conferences.

Indian Work Permit

In India, work permits, or Indian employment visas as they are sometimes known, may be issued to skilled professionals or to applicants filling a specific role.

The requirements for working permits are loosely defined and remain a subjective area of Indian visa services, however in order to live and work in India all candidates must secure one.

Although work permits may be obtained by either the employer or employee, the 'usual' route is normally employer led.

Indian Student Visa

Indian Student visas can be issued either for the duration of the applicant's course or for a maximum of five years. Study visa applications require an unconditional offer from a recognized Indian educational institute.

Medical Visas

Indian medical visas, often known as 'M' visas allow those travelling to India for medical treatment to enter the country.

Medical visas are granted for up to one year; however, they can be extended as necessary if medical evidence can be given to show that this is necessary.

Like tourist visas, medical visas are strictly a temporary route and will not provide a means to permanent residency in India.

Indian Permanent Residency Options

Persons of Indian Origin (PIO Card)

The PIO scheme applies to people of Indian origin, defined through their birth or residency, or that of their parents or grandparents and offers a long-term Indian visa solution.

PIO cards are granted for a period of fifteen years, and allow their holders to enjoy visa free travel in and out of India.

PIO cards allow their holders to freely engage in work or study in India and after the minimum seven-year residency requirement the option to apply for Indian citizenship is available.

Overseas Citizenship of India (OCI)

Overseas citizenship of India allows Persons of Indian Origin who have obtained citizenship of another nation, to acquire long-term leave to remain in India.

Although often referred to as Indian 'Dual Citizenship' it is important to note that India itself does not support dual citizenship and that OCI, whilst offering many benefits, is not a full grant of citizenship.

If, after 5 years, an OCI holder wishes to apply for full Indian citizenship, they must renounce their citizenship of any other country.

OCI cards are granted for life and offer many of the benefits of a PIO card with the advantage that holders do not have to register their presence in India, however long their stay may be. However, unlike a PIO card, the spouse of an OCI applicant is not automatically eligible.