- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Yes. Child is British citizen .
Note that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,
secret.simon wrote: ↑Fri Apr 17, 2020 8:05 pm@CR001, I am seriously impressed. You know your Indian citizenship law quite well.
@Bobthemoggie, Indian citizenship law (specifically Section 3(1)(c) of the (Indian) Citizenship Act 1955, as amended) grants Indian citizenship to children born in IndiaNote that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,
No there is not as the child was NOT born in India to Indian citizen parents!! You and your spouse both voluntarily gave up and lost your Indian citizenship when you became British. The only option you have is to apply for a British passport.Bobthemoggie wrote: ↑Fri Apr 17, 2020 8:51 pm@secret.simon
Thanks for your response.
Yes child is born in India.
So in that case is there any scope to get Indian passport for the child?
Thanks
secret.simon wrote: ↑Fri Apr 17, 2020 8:05 pm@CR001, I am seriously impressed. You know your Indian citizenship law quite well.
@Bobthemoggie, Indian citizenship law (specifically Section 3(1)(c) of the (Indian) Citizenship Act 1955, as amended) grants Indian citizenship to children born in IndiaNote that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,
Did you actually read exactly what the op wrote??? They clearly states child was born when BOTH parents were already British through naturalisation!!xebec wrote: ↑Sat May 16, 2020 10:21 amYes, the child can get Indian citizenship when they turn 18. An OCI holder can gain Indian citizenship if they hold the OCI for five years, and must reside in India for the one year in the last five years. They would have to surrender their British citizenship first; for that they need to be 18 years of age and of a sound mind.
You haven't mentioned if the child was born before you got UK citizenship. If you were still a citizen of India when the child was born, the child could have been an Indian citizen. Beyond this, the child is not eligible for Indian citizenship as they have lost any chance Indian citizenship by virtue of being a citizen of Britain at present. You would be submiting a false declaration when applying for an Indian passport when they ask if the child is a citizen of another country because the special circumstances for dual citizenship for minors do not apply in your case.
Apologies missed that bit outCR001 wrote: ↑Sat May 16, 2020 10:47 amDid you actually read exactly what the op wrote??? They clearly states child was born when BOTH parents were already British through naturalisation!!xebec wrote: ↑Sat May 16, 2020 10:21 amYes, the child can get Indian citizenship when they turn 18. An OCI holder can gain Indian citizenship if they hold the OCI for five years, and must reside in India for the one year in the last five years. They would have to surrender their British citizenship first; for that they need to be 18 years of age and of a sound mind.
You haven't mentioned if the child was born before you got UK citizenship. If you were still a citizen of India when the child was born, the child could have been an Indian citizen. Beyond this, the child is not eligible for Indian citizenship as they have lost any chance Indian citizenship by virtue of being a citizen of Britain at present. You would be submiting a false declaration when applying for an Indian passport when they ask if the child is a citizen of another country because the special circumstances for dual citizenship for minors do not apply in your case.