Section 8 of FA, 1946 : Section 8: Determination Of Nationality

Explanation using Example

Imagine a woman named Maria who was born in Russia but has lived in France for many years. She holds both Russian and French passports. Maria comes to India on a business trip. During her stay, the Indian authorities need to determine her nationality for visa and immigration purposes. According to Section 8(1) of The Foreigners Act, 1946, since Maria has connections to both Russia and France, the Indian authorities can consider her nationality based on the country with which she has the most significant ties. They notice that Maria speaks fluent French, has a French address, and works for a French company, so they decide to treat her as a French national for the duration of her stay in India.

If Maria disagrees with this decision, she cannot challenge it in court, as per Section 8(2). However, if she believes that her strongest ties are now with Russia and she has evidence to prove this, she can apply to the Central Government of India to revise the decision regarding her nationality while in India.