My mother is in Canada currently. She was born Indian but married a Pakistani 35 years ago. He was born Indian too but during the partition so his family crossed to Pakistan and since he had that nationality.

She has been divorced for 10 years now and we tried to keep her in Canada but she would like to return to India where her family still resides. We have family in India that can help once shes inside to get her a passport. She is a visitor in Canada now, not a permanent resident.

We have all her documents since her birth, education, parents, etc. There's no document to repute her Indian birth.

Is there any lawyers here in Toronto/GTA that can help to get an out pass or any Indian travel document that could allow her to return to India? OR perhaps anyone could offer any advice. I've tried to contact the HC and consulate but have been ignored for awhile now.

Thank you.

Hi,
Not sure of the legal procedures as such, but if born in India and parents born in India also, ur mom has citizenship by birth so I think she would be fine, check this link and take it from there.
Good luck and god bless.

http://www.mha.nic.in" rel="nofollow">LINK

Any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth the citizen can be an Indian or a foreigner





Acquisition of Indian Citizenship (IC)


Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:



(1) By Birth (Section 3)



(i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.



(ii) A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.



(iii) A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.



An “illegal migrant” as defined in section 2(1)(b) of the Act is a foreigner who entered India

(i) without a valid passport or other prescribed travel documents : or

(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.



(2) By Descent (Section 4)



(i) A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.



(ii) A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.



(iii) A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.



Procedure


Application for registration of the birth of a minor child to an Indian consulate under Section 4(1) shall be made in Form-I and shall be accompanied by an undertaking in writing from the parents of such minor child that he does not hold the passport of another country.



(3) By Registration (Section 5(1))



Indian Citizenship by registration can be acquired (not illegal migrant) by: -



(a) Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months). Application shall be made in Form I.

(b) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).

© Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c). Application shall be made in Form-II.

(d) Minor children whose both parents are Indian citizens under section 5(1)(d). Application shall be made by his parents in Form-III.

(e) Persons of full age whose both parents are registered as citizens of India under section 5(1)(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e). Application shall be made in Form III-A.

(f) Persons of full age who or either of the parents were earlier citizen of Independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III- B.

(g) Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g). Application shall be made in Form III-C.



Clarification: A person shall be deemed to be a Person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.



(4) By Registration (Section 5(4))



Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are “special circumstances” justifying such registration. Each case would be considered on merits. Application shall be made in Form-IV.



Procedure


Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.



Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government. The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.


Hope this helps

Pranams to you and your esteemed mother.

She has made Good Decision.

We wish her a very happy life in India.

Hope she reunites with her family.

This case has to be dealt from India.

It is not Impossible but very procedural.

If you are from Hyderabad or Kerala there are plenty of Good Lawyers who can get the paper work done.

Actually in Kerala there many Indian citizens who carry Pakistani Passports.

As she was born in India she should have no problems.

She can also get affidavits done with local magistrate with witnesses in lieu of the actual birth certificates.

She will require to go to India on a tourist visa to initiate this long drawn process.

When Sonia Gandhi born in Italy can get Indian citizenship, Why not your Mataji who was born in India should not get her legal right.

We need to welcome and salute every individual back to India.

God Bless !.

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Sunny Leone a true Canadian DESI now back in India !.

Try this guy may be he can give you some leads and he is guy who comes on Omni News for immigration related questions to Canada.


Ravi Jain, B.A. (Hons.), LL.B., LL.M., C.S.
Partner, Green & Spiegel LLP
Suite 2800 – 390 Bay Street
Toronto, ON M5H 2Y2
Tel: 416 862-7880 ext 2292
Fax: 416 862-1698
Email:
Website: http://www.gands.com" rel="nofollow">LINK


Ravi Jain is a Partner of the firm and is a Certified as a Specialist in Citizenship and Immigration Law by the Law Society of Upper Canada. He was honoured with an invitation to address the Canadian Senate as an expert witness on immigration law and appeared before the Senate Standing Committee on Human Rights on March 10, 2008. He is regularly interviewed in the media and is one of the authors of the book Canada-U.S. Work Permits: Issues for Human Resources Professionals (2004 Thomson Carswell). He has also published articles relating to immigration law.
Mr. Jain graduated from Queen's University with a B.A. (Hons.) and obtained his LL.B. from Osgoode Hall Law School and his LL.M. from the University of Michigan Law School. He practices all aspects of Canadian immigration law, from processing permanent immigration and temporary work permit applications to appeal work at the Immigration and Refugee Board and at the Federal Court of Canada. He has successfully argued many cases before the Immigration and Refugee Board, particularly involving genuine marriage and medical inadmissibility cases. He works extensively with corporate clients in securing temporary work permits and visas to the United States. Much of this work relates to NAFTA TN and intra-company transferee applications as well as visa processing at the U.S. Consulate and U.S. Embassy.
Mr. Jain has been a guest lecturer at Seneca College and has lectured on U.S. consular processing for the New York Chapter of the American Immigration Lawyers' Association. He is a member of the Law Society of Upper Canada, the Immigration Section of the Canadian and Ontario Bar Associations, the American Immigration Lawyers Association and the Indo-Canada Chamber of Commerce. He is also currently chair of the Immigration Section of the North American South Asian Bar Association.

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Sunny Leone a true Canadian DESI now back in India !.

You could also try the Indian offices of Sheela Murthy leading US immigration lawyer.

http://www.murthyindia.com/index.html

http://www.murthyindia.com/contact/contact.html

eMail Addresses :

Chennai Contact Information :
Murthy Immigration Services, Pvt. Ltd.
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Phone : +91.44.2499.6663
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Level 7, Maximus Towers
Building 2A, Mindspace Complex
Hi-tech City, Hyderabad - 500 081
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Consultation only by prior appointment.
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Sunny Leone a true Canadian DESI now back in India !.

A lawyer cannot do anything..

U need to call up ur local indian consulate to find the process..

She may be eligible for PIO/OCI

She can get a visitors visa to go to india and from there apply for PIO/OCI or stay on in india by (extending her visitor visa or illegally)