Lost Indian citizenship as a minor? Our guide details the crucial 1-year window (age 18-19) to resume it under Sec 8(2). Get the correct MHA process & affidavit template. Resumption of Indian Citizenship under Section 8(2) | Evaakil.com

A Complete Guide: Resuming Indian Citizenship under Section 8(2) of the Citizenship Act, 1955

Updated: October 26, 2025 | Legal Analysis by Evaakil.com

URGENT: The One-Year Statutory Limit

This right to resume citizenship is extremely time-sensitive. You can only file your declaration (Form XXV) within one year of attaining full age.

In India, "full age" is 18 years.
You must apply between your 18th and 19th birthday.
Failure to apply within this window permanently extinguishes this right.

If you ceased to be an Indian citizen as a minor because your parent(s) renounced their citizenship, you have a specific, one-time right to resume it. This is governed by Section 8(2) of the Citizenship Act, 1955.

However, a common and serious mistake is to assume this process involves filing a simple affidavit in a court. This is incorrect. The process is administrative, not judicial, and requires a specific online application that generates Form XXV.

This guide clarifies the correct procedure, provides the necessary document checklists, and includes a template for the supporting affidavit you will need.

Your Journey to Resumption: The Legal Path

Parent(s) Renounce Indian Citizenship (Section 8(1))

As a Minor, Your Citizenship Ceases Automatically

You Attain Full Age (18 Years Old)

File Declaration (Form XXV) within 1 Year (Before Age 19)

Check Your Eligibility

Select your current age to see your options:

Visualizing Your Application Timeline

Misconception vs. Reality: The Correct Process

Aspect	Common Misconception (Wrong)	Correct Procedure (Right)
What is the "Application"?	A simple, notarized affidavit.	Form XXV (Declaration of Intention to Resume Citizenship), filed online.
Where to File?	Before a Judge or in a Court.	Online at the MHA Portal (`indiancitizenshiponline.nic.in`).
Competent Authority?	"Your Honour" (a Judge).	The District Collector (DM/DC) (if in India) or the Consular Officer at an Indian Mission/Consulate (if abroad).
What is the Affidavit for?	It IS the application.	It is a supporting document to Form XXV, detailing the facts under oath.
Key Legal Act?	Getting a notary stamp.	Signing Form XXV and the Oath of Allegiance in the physical presence of the competent authority.

The Correct 6-Step Application Process

1

Access the MHA Portal

Go to `https://indiancitizenshiponline.nic.in` and select the link for "Declaration of Intention to Resume Indian Citizenship Under Section 8(2)..."
2

Fill the Online Application

Fill in all details: your personal info, birth details, and (most importantly) your parent's renunciation details (date and name). Your "Present Address" will determine your filing authority (India vs. Abroad).
3

Upload Documents & Final Submit

Upload scanned copies of all required documents (see checklist below). Click "Final Submit." You cannot make changes after this. An MHA File Number will be generated. Save it!
4

Download and Print Form XXV

After submitting, download the pre-filled application. This is your official Form XXV. Do NOT sign it yet.
5

Prepare Supporting Affidavit

Use the template below. Print it on non-judicial stamp paper and get it notarized by a Notary Public (not an Oath Commissioner).
6

Submit in Person

Take the printed Form XXV, your original documents, and the notarized supporting affidavit to the authority you selected (Indian Mission or District Collector). You will sign Form XXV and the Oath of Allegiance in their presence.

Who is the "Competent Authority"?

Your application (Form XXV) must be signed in the presence of a specific authority. The authority is determined by your "present address" in the online application. You cannot choose.

If you reside in India

Your application will be processed by the District Collector / District Magistrate (DM) / Deputy Commissioner (DC) of the district you specified as your present address.

If you reside outside India

Your application will be processed by the Indian Embassy, High Commission, or Consulate serving your area of residence. You will sign before a designated Consular Officer.

What Happens After You Submit? The Path to Your Certificate

Submitting the form is just the beginning. Here is the typical process flow after your in-person appointment:

1
Verification by Local Authority

The DM/Consular Officer verifies your original documents, witnesses your signature on Form XXV, and administers the Oath of Allegiance (Schedule II of the Act). They will then compile their report.
2
Forwarding to MHA

The local authority forwards your complete file, along with their report, to the Ministry of Home Affairs (MHA) in New Delhi. If you applied from within India, this may also involve a state government verification step.
3
MHA Review and Decision

The Central Government (MHA) reviews your application to ensure all conditions of Section 8(2) are met:
- Was the parent's renunciation valid?
- Did you cease to be a citizen as a minor?
- Did you apply within the one-year window?
4
Approval & Renunciation Proof

Upon approval, the MHA will direct the DM/Consulate to ask you for proof that you have renounced or lost your foreign citizenship, as India does not permit dual nationality (see next section).
5
Registration and Certificate

Once you provide proof of renunciation, the Central Government will formally **register** your declaration. A **Citizenship Certificate** is then issued, confirming your status as an Indian citizen from the date of registration.

This is a Non-Negotiable Step

India does not permit dual citizenship. The Oath of Allegiance, which you must take, explicitly states: "...I do solemnly affirm that I will... renounce the citizenship of [Your Current Country]..."

You cannot hold both passports. The process requires you to give up your foreign nationality to (re)gain your Indian one.

When do I renounce?

This is the most common point of confusion.

You do NOT renounce before applying. You need your foreign passport for the application.
You do NOT renounce while applying.
You renounce AFTER your application is approved by the MHA, but BEFORE your citizenship is formally registered and the certificate is issued.

Resumption of Citizenship vs. OCI Card: What's the Difference?

If you are eligible for resumption, you are almost certainly eligible for an Overseas Citizen of India (OCI) card. Why choose the more complex resumption process? Because resumption grants you **full, unqualified Indian citizenship**, while OCI is a lifetime visa with limitations.

Feature / Right	Resumption (Full Citizenship)	OCI (Overseas Citizen of India)
Holder Status	Indian Citizen	Foreign Citizen
Passport	Eligible for a full Indian Passport.	Must use a foreign passport (e.g., US, UK, AUS).
Voting Rights	Yes	No
Government Employment	Yes	No
Buy Agricultural Land	Yes	No
Dual Citizenship	Not Allowed (Must renounce other)	Implicit (You remain a foreign citizen)

Your Application Package: An Interactive Checklist

Gather these for your online upload (PDF) and in-person verification (Originals).

Printed Form XXV

(Downloaded from MHA Portal after submission).

Applicant's Current (Foreign) Passport

Applicant's Old/Expired Indian Passport

(Proves your former Indian status).

Parent's Renunciation Certificate

(This is the single most important document).

Applicant's Birth Certificate

(Proves your Date of Birth for the 1-year window).

Notarized Supporting Affidavit

(Use the template below. Must be on stamp paper).

Parents' Passports & Marriage Certificate

Frequently Asked Questions (FAQ)

What if I was born after my parents renounced Indian citizenship?

You are not eligible for this process. Section 8(2) applies only to a person who *was* an Indian citizen and *ceased* to be one as a minor. If you were born after your parents became foreign citizens, you were likely never an Indian citizen by birth. You would need to apply for citizenship through other means, such as registration under Section 5(1)(d) as a minor, or Section 5(1)(f) if you are of Indian origin.

My parent never formally renounced, they just acquired foreign citizenship. Am I eligible?

This is a complex legal area. This process (Section 8) is specifically for *renunciation*. If your parent *automatically* lost Indian citizenship under Section 9 (acquiring foreign citizenship), your loss of citizenship is also governed by Section 9. While the *effect* is similar, the *legal basis* is different. You should consult a legal expert, but typically the MHA portal for Section 8(2) requires details of a Section 8(1) renunciation. If your parent only has a "Surrender Certificate" (not a "Renunciation Certificate"), the path may differ.

Draft Template: Affidavit in Support of Declaration (Form XXV)

This affidavit supports your official Form XXV. It does not replace it. This must be printed on non-judicial stamp paper of the value prescribed in your state and sworn before a Notary Public.

(To be printed on Non-Judicial Stamp Paper of appropriate value)

AFFIDAVIT

IN THE MATTER OF THE CITIZENSHIP ACT, 1955, SECTION 8(2)
AND
IN THE MATTER OF A DECLARATION FOR RESUMPTION OF INDIAN CITIZENSHIP

I, [Applicant's Full Name], son/daughter of [Father's Full Name], aged [Applicant's Age] years, a citizen/national of [Name of Current Country], currently residing at [Applicant's Full Current Address], do hereby solemnly affirm and state on oath as under:

1.  That I am the deponent herein and am fully conversant with the facts of this case, and I am competent to swear this affidavit.
2.  That I was born on [Your Date of Birth] at [Your Place of Birth]. A copy of my birth certificate is annexed hereto.
3.  That by virtue of my birth in India to Indian parents, I was a citizen of India by birth.
4.  That I attained 'full age' (18 years) on [Date of 18th Birthday].
5.  That my father, Mr. [Father's Full Name], was a citizen of India. He formally renounced his Indian citizenship under Section 8(1) of the Citizenship Act, 1955, on or about [Date of Parent's Renunciation]. A copy of his Renunciation Certificate (No. [Certificate Number, if known]) is annexed hereto.
6.  That as a direct and automatic consequence of my father's aforesaid renunciation, I ceased to be an Indian citizen while I was a minor, by operation of Section 8(1) of the Citizenship Act, 1955.
7.  That I currently hold a passport from [Name of Current Country], bearing Passport No. [Current Passport Number], issued on [Passport Issue Date] and valid until [Passport Expiry Date].
8.  That I am making this declaration of my intention to resume Indian citizenship under Section 8(2) of the Citizenship Act, 1955. This affidavit is made on [Date of Signing Affidavit], which is within the statutory one-year period of my attaining full age (i.e., before [Date of 19th Birthday]), as prescribed by law.
9.  That this affidavit is submitted in support of my official online application for resumption of citizenship, filed with the Ministry of Home Affairs, Government of India, bearing MHA File No. [Enter MHA File Number], and the accompanying Declaration in Form XXV.
10. That I declare my intention to resume Indian Citizenship and shall take the Oath of Allegiance as prescribed. I undertake to renounce my citizenship of [Name of Current Country] upon the resumption of my Indian citizenship.
11. That the statements made in this affidavit are true, and I have not concealed any material fact. I am aware that it is an offense under the Citizenship Act, 1955, to make a false representation.

DEPONENT

VERIFICATION

Verified at [Place of Verification] on this [Day] day of [Month], [Year], that the contents of paragraphs 1, 2, 3, 4, 7, and 8 are true to my personal knowledge. The contents of paragraphs 5, 6, 9, 10, and 11 are true to my information derived from official documents and records and believed by me to be true. No part of this affidavit is false, and nothing material has been concealed therefrom.

DEPONENT

SWORN AND SIGNED BEFORE ME
On this [Day] day of [Month], [Year], at [Place].

(Seal and Signature of Notary Public)
Name:
Registration No.: