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Child's citizenship status

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ric1982
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Posts: 304
Joined: Tue Aug 09, 2011 1:02 pm

Child's citizenship status

Post by ric1982 » Mon Apr 04, 2016 8:55 am

Hi,

Background: Both parents BC by naturalisation.
Child: Born in UK But havent applied for British passport, Got Indian passport + Right to abode. (Done this when mother was Indian Citizen)

My question is what is child's current status from Indian Councelate point of view? Can the child hold Indian passport or because now both parents are British the Child is no longer can hold Indian passport?

Thanks,

secret.simon
Moderator
Posts: 11113
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child's citizenship status

Post by secret.simon » Mon Apr 04, 2016 9:23 am

What was the status of both parents in the UK when the child was born?

Indian law allows a child born with dual citizenship to retain both till the age of 18, unless the parents exercise the non-Indian citizenship by , for instance, applying for a non-Indian passport. If the parents apply for a non-Indian passport, the Indian citizenship automatically terminates. However, an Indian passport with CoE-RoA is acceptable for retaining Indian citizenship till the age of 18 years.

A child is born with dual British and Indian citizenship if at the time of his birth
  • -S/he is born in the UK and at least one of the parents has Indian citizenship and at least one of the parents had either ILR or British citizenship
    -S/he is born in India and one parent has British citizenship on the date of the child's birth and the other had Indian citizenship
ric1982 wrote:My question is what is child's current status from Indian Councelate point of view?
I doubt that the Indian consulate staff would know the law in this regard in any great detail.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ric1982
Member of Standing
Posts: 304
Joined: Tue Aug 09, 2011 1:02 pm

Re: Child's citizenship status

Post by ric1982 » Mon Apr 04, 2016 9:27 am

secret.simon wrote:What was the status of both parents in the UK when the child was born?

Indian law allows a child born with dual citizenship to retain both till the age of 18, unless the parents exercise the non-Indian citizenship by , for instance, applying for a non-Indian passport. If the parents apply for a non-Indian passport, the Indian citizenship automatically terminates. However, an Indian passport with CoE-RoA is acceptable for retaining Indian citizenship till the age of 18 years.

A child is born with dual British and Indian citizenship if at the time of his birth
  • -S/he is born in the UK and at least one of the parents has Indian citizenship and at least one of the parents had either ILR or British citizenship
    -S/he is born in India and one parent has British citizenship on the date of the child's birth and the other had Indian citizenship
ric1982 wrote:My question is what is child's current status from Indian Councelate point of view?
I doubt that the Indian consulate staff would know the law in this regard in any great detail.
Thanks

When the child was born One parent was Indian Citizen.

You are correct about Indian consulate staff. Child's passport will be due to renew soon so we are not sure about how to proceed with this?

If we apply for British passort for the Child. Does it mean its game over from the Indian passport pov?

secret.simon
Moderator
Posts: 11113
Joined: Thu Feb 21, 2013 9:29 pm

Re: Child's citizenship status

Post by secret.simon » Mon Apr 04, 2016 9:35 am

ric1982 wrote:If we apply for British passort for the Child. Does it mean its game over from the Indian passport pov?
Technically, the child's Indian citizenship terminates when he is issued a non-Indian passport and hence he loses the right to have an indian passport. How that is found out is a matter for the Indian authorities, not the British authorities.

If your child is issued a British passport, you can not apply for a CoE-RoA for them as well.

Further reading:
Indian citizenship law

Apply for Certificate of Entitlement-Right of Adobe
You can’t get a certificate if you already have a British passport...
.
ric1982 wrote:When the child was born One parent was Indian Citizen.
Was the other parent with ILR or a British citizen at the time of birth?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

ric1982
Member of Standing
Posts: 304
Joined: Tue Aug 09, 2011 1:02 pm

Re: Child's citizenship status

Post by ric1982 » Mon Apr 04, 2016 9:46 am

One Parent was BC and other was Indian Citizen on ILR.

Thanks

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