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Baby born in india

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CitizenBane
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Posts: 1
Joined: Wed Feb 28, 2024 4:19 pm
United Kingdom

Baby born in india

Post by CitizenBane » Wed Feb 28, 2024 4:29 pm

Hi there,

I hope someone can kindly assist on this matter as I have been getting conflicting answers.

- I am a British citizen by birth and reside here in the UK
- My wife is an Indian national with permanent resident status. She also works and lives here in the UK
- My wife gave birth to my son (in India) in 2023. He is British citizen by birth through me

I believe my son has two options:

1) To apply for a British passport in India - I am told this is an extremely long process which I am not particular keen on
2) To apply for an Indian passport in India - Takes less time and he can arrive in the UK in a relatively shorter time.

I am unsure if 2) is possible i.e. Can my son (who is a British citizen by birth born in India) apply for an Indian passport to travel to UK? If so are there any drawbacks?

Your help would be much appreciated.

Many thanks

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Frontier Mole
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Posts: 4428
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Baby born in india

Post by Frontier Mole » Fri Mar 01, 2024 12:12 am

As a dual national I think he can hold both passports until he reaches 18. I believe at that point he has give up his Indian passport if he wants to remain a British Citizen. The Indian government does not subscribe to dual nationality.

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

Re: Baby born in india

Post by secret.simon » Sun Mar 03, 2024 7:16 am

Frontier Mole wrote:
Fri Mar 01, 2024 12:12 am
As a dual national I think he can hold both passports until he reaches 18.
I think it is more nuanced than that.

My understanding (and I could very well be wrong) is that Indian law allows dual citizenship, so long as the child does not have any non-Indian passport. So an Indian passport with a CoE-RoA is perfectly possible in this case and has been advised multiple times on these forums.

But if the child applies for a British passport, they lose their Indian citizenship automatically, as I understand it.
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.

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Frontier Mole
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Posts: 4428
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Baby born in india

Post by Frontier Mole » Sun Mar 03, 2024 8:23 am


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

Re: Baby born in india

Post by secret.simon » Sat Mar 09, 2024 5:59 am

secret.simon wrote:
Sun Mar 03, 2024 7:16 am
My understanding (and I could very well be wrong) is that Indian law allows dual citizenship, so long as the child does not have any non-Indian passport. So an Indian passport with a CoE-RoA is perfectly possible in this case and has been advised multiple times on these forums.
I should have been clearer in my formulation.

Any child born with (i.e. not acquired after birth, such as by registration) Indian and foreign citizenship (such as to a British and an Indian parent in India, or to an Indian parent with ILR in the UK) can hold both citizenships, so long as the child does not have any non-Indian passport, til the age of 18 (at which time they must elect to hold either one). So it applies only to children (not adults) in very specific circumstances.
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.

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