Minor Child born in India can hold Dual Citizenship

[lappi831]

Hi Guys,
My question is :
Does minor child born in India holding Indian Passport can have Dual Nationality ,
I mean Indian Passport & British Passport until the age of 18 years .

According to this law:
"It is a conscious provision of law given to a minor so that he/she can decide within six months of completing 18 years of age as to whether he/she prefers Indian citizenship.

Please advice .

Thanks,
harry

[secret.simon]

Child born in India to a British citizen and an Indian parent will have both citizenships at birth.

However, any exercise of the other citizenship by the parents, such as applying for a foreign (British) passport for the child, will invalidate the Indian citizenship.

The way to retain both citizenships is to have an Indian passport and have a Certificate of Entitlement to Right of Abode stamped into it. That will allow the child to retain both citizenships.

However, as the child will have an Indian passport, he may have difficulties with travelling within the EEA and accessing things like student loans, etc. S/he will have to prove his UK citizenship by other means.

[lappi831]

Hi Simon,
Thanks for the valuable information .Also can you tell me Right of Abode should be given in India in my case ,
if so can we get Right of abode continuously ,I mean even when they are adult.

Thanks,
Harry

[secret.simon]

The provision I have outlined only applies to minors born with multiple citizenships and who have not subsequently lost their Indian citizenship by exercising their foreign citizenship.

Indian law does not allow an adult to hold full Indian citizenship along with any other citizenship. Therefore, once a minor holding multiple citizenships achieves majority, he needs to make a choice, I believe within six months of attaining majority, as to whether he wants to retain Indian or foreign citizenship.

For adults, as soon as foreign citizenship is gained, Indian citizenship terminates. You have a grace period of 90 days for using the passport, but your Indian citizenship legally comes to an end automatically on acquisition of any foreign citizenship.

[lappi831]

Hi Simon,
Thanks for your information .I am confused you mean my daughter who is 1 year old ,as a minor if she takes
any foreign citizenship then she can keep both passports until 18 .
OR
Can she get Right of abode (COE) on Indian Passport continuolsy even when she is adult .

Thanks,
Harry

[secret.simon]

You are confusing two different concepts: passport and citizenship.

Your daughter can be a multiple citizen if she is born with multiple citizenship (e.g. Born in UK to Indian parents holding ILR, for instance), but she can use only one passport; Indian .

If you get her any foreign passport, she automatically loses her Indian citizenship and the right to have her Indian passport.

On attaining majority, typically at eighteen, she will need to choose which citizenship she wishes to retain. I believe (I could be wrong) that if she fails to declare which citizenship she wishes to retain, her Indian citizenship automatically lapses. At that point, she will need to surrender her Indian passport.

So, to summarise, your daughter can have multiple citizenships if she is born with them, but only till she becomes an adult. She can not have Indian citizenship with other citizenships, after becoming an adult.

This is of course the law of India now. It could change at some point in the future.

[lappi831]

Hi Simon,
Thanks for your information .My question is :
As my daughter is indian by birth ,If she get ROA in the 1st passport which is valid for 5 yrs .

Can we get ROA for every 5 yrs & after 15 yrs she will get 10 year passport still we get ROA on 15th year passport .

As you know 15th year can get 10 year passport .ROA is applicable on Indian Passport until the passport expiry date .

Please advise .

Thanks,
Harry

[secret.simon]

She should surrender her Indian passport if she retains her British citizenship and renounces her Indian citizenship at 18. Else she may face issues when visiting India in the future.

Alternatively, if she retains her Indian citizenship and renounces her British citizenship, that automatically voids her RoA.

Therefore an RoA in the Indian passport at 15 is irrelevant as it will be voided by the loss of one of the two citizenships.

If she retains and exercises the RoA in the Indian passport past the age of 18, she is breaking the laws of one of the two countries of which she claims citizenship (if she has not renounced British citizenship, she will certainly have lost Indian citizenship automatically).

Read Sections 6.4 & 6.5 of the document https://www.gov.uk/government/uploads/s ... annexh.pdf

Given how passionately you want dual citizenship for your daughter, you may want to write to the Indian PM, as it is Indian law that forbids it, not UK law.

[lappi831]

Hi Simon ,
Thanks a lot for your information .One more thing is
You mean if we take British Passport now until 18 she can keep both Indian or British Passport together ?

Second Question :

You mean we dont get ROA After 15 yrs as they get Adult Indian Passport at 15yrs so ROA will be valid till 25 yrs .

So you mean On Indian Passport ROA is valid till 15.

Thanks,
harry

[secret.simon]

From now till your daughter turns 18;

• She can have both Indian and British citizenship but not a British passport. If she gets a British passport, she loses Indian citizenship and her Indian passport.

Before her 18th birthday;

• She can have only one citizenship and must choose to become either British OR Indian. She can not be both.
  
  • If she chooses to become Indian, her British citizenship and ROA ends.
    
    If she chooses to become British, her Indian citizenship and passport ends (at 18).