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Right of Abode OR British passport?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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yogesh_81
Newbie
Posts: 32
Joined: Tue Oct 27, 2015 4:42 pm
India

Right of Abode OR British passport?

Post by yogesh_81 » Sat Apr 30, 2016 11:27 am

Hello All,

My son was born in the UK when I was on Tier 1 (Gen) visa. I got his Indian passport then as we were going to travel to India. Later when I got my ILR, I applied for the registration of his British citizenship instead of ILR.

I now have received his certificate of registration as a British citizen. I have a few queries here -

1) Can I apply for right of abode for him based on his Indian passport? Is this doable? India doesn't support dual citizenship, so unsure if this can be an option.

2) If option 1 is not possible, when should I renounce his citizenship, is it now or when I get his British passport?

3) I intend to apply for my British citizenship next year around this time, so was wondering if my son and I can apply for British passport then? If yes and if we were to travel outside UK in the meanwhile, can he travel on his Indian passport despite being registered as a British citizen?

Thanks,
Y

secret.simon
Moderator
Posts: 11119
Joined: Thu Feb 21, 2013 9:29 pm

Re: Right of Abode OR British passport?

Post by secret.simon » Sat Apr 30, 2016 1:11 pm

yogesh_81 wrote:1) Can I apply for right of abode for him based on his Indian passport? Is this doable? India doesn't support dual citizenship, so unsure if this can be an option.
No, because...
yogesh_81 wrote:2) If option 1 is not possible, when should I renounce his citizenship, is it now or when I get his British passport?
...your son lost his Indian citizenship on the day he acquired British citizenship. That is the date on his registration as a British citizen certificate.

There is no need to renounce his Indian citizenship because it is lost/revoked by automatic action of (Indian) law.

He can only travel within 90 days of the certificate on his Indian passport. Any travel after that on his Indian passport will incur fines or other penalties.

yogesh_81 wrote:3) I intend to apply for my British citizenship next year around this time, so was wondering if my son and I can apply for British passport then? If yes and if we were to travel outside UK in the meanwhile, can he travel on his Indian passport despite being registered as a British citizen?
Your son need never hold any passport, so long as he is not planning to travel. If he does wish to travel, he will need to travel on a British passport.

Also see similar thread.
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.

yogesh_81
Newbie
Posts: 32
Joined: Tue Oct 27, 2015 4:42 pm
India

Re: Right of Abode OR British passport?

Post by yogesh_81 » Sat Apr 30, 2016 2:09 pm

Thanks secret.simon. He still has an Indian passport that needs to be surrendered in agiven timeframe, I've heard.

When should this be done? When he gets his British passport OR now that he has got his certificate of British citizenship?

Thanks,

Y

yogesh_81
Newbie
Posts: 32
Joined: Tue Oct 27, 2015 4:42 pm
India

Re: Right of Abode OR British passport?

Post by yogesh_81 » Sat Apr 30, 2016 2:14 pm

Ok, saw the other thread where you've mentioned it is as anytime within 3 years, the Indian passport needs to be surrendered. Any idea of what the process of surrendering the Indian passport is about?

Thanks,
Y

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Right of Abode OR British passport?

Post by geriatrix » Sat Apr 30, 2016 4:52 pm

Post your queries about Indian passport in the Other countries forum.
Life isn't fair, but you can be!

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