FLR(M) extension - can we use a Travel document instead of a Valid Passport

[Sivaquery]

Hi,

I am a British Citizen since 2018. My wife and 2 sons initially came over on a PBS visa in May 2019.
My wife and 2 sons then applied and got the Family visa in 2022. (Our PBS route was closed)
They are due for an extension in end of this year FLR (M).
My sons' passports are expiring soon and the Indian Govt is not renewing them.

Can I apply for a travel document from the UK govt stating the above reason and use that to renew their visa FLR(M)?
https://www.gov.uk/apply-home-office-travel-document

Or if that is not possible

Can I try to apply for a visa based on the fact that they are Stateless and have been here continuously since May 2019 and Indian Govt does not accept them as Indian Citizens anymore.
https://www.gov.uk/stay-in-uk-stateless

pls advice.

Thanks
Siva

[blondesafari]

Hi,

I am a British Citizen since 2018. My wife and 2 sons initially came over on a PBS visa in May 2019.
My wife and 2 sons then applied and got the Family visa in 2022. (Our PBS route was closed)
They are due for an extension in end of this year FLR (M).
My sons' passports are expiring soon and the Indian Govt is not renewing them.

Can I apply for a travel document from the UK govt stating the above reason and use that to renew their visa FLR(M)?
https://www.gov.uk/apply-home-office-travel-document

Or if that is not possible

Can I try to apply for a visa based on the fact that they are Stateless and have been here continuously since May 2019 and Indian Govt does not accept them as Indian Citizens anymore.
https://www.gov.uk/stay-in-uk-stateless

pls advice.

Thanks
Siva

Why would the Indian Government not renew your sons’ passports? India allows children to keep Indian nationality until they are 18 when they can choose. How old are your sons?

[meself2]

My sons' passports are expiring soon and the Indian Govt is not renewing them.

Can I try to apply for a visa based on the fact that they are Stateless and have been here continuously since May 2019 and Indian Govt does not accept them as Indian Citizens anymore.

Not renewing a passport does not equal statelessness. You can't get a passport from my country's government if you have debts, for example.

[secret.simon]

Why would the Indian Government not renew your sons’ passports? India allows children to keep Indian nationality until they are 18 when they can choose. How old are your sons?

The Indian government has recently changed its interpretation of the law (I believe, but am not sure, that there has been no change it the law itself, only its interpretation) to strip Indian citizenship from the minor children of any adult who acquires another nationality, even if the other parent remains an Indian citizen. See the many posts on this issue in the Other Countries forum. Also see my plain text interpretation of the text of the Indian law in question.

Also, to the best of my knowledge, India allows dual citizenship for children, but only if (a) they were born with dual citizenship and it was not acquired after birth and (b) provided they do not possess a non-Indian passport. That is why a CoE-RoA in an Indian passport suits such children just fine.

That has been challenged in the courts and the courts have restored the citizenship, but the wheels of Indian bureaucracy, like bureaucracies everywhere, move very slowly.

To the OP, can you get a statement from the Indian diplomatic authorities clearly stating that the children have lost their Indian citizenship? You may need such a statement to apply for a travel document.

[Sivaquery]

Why would the Indian Government not renew your sons’ passports? India allows children to keep Indian nationality until they are 18 when they can choose. How old are your sons?

The Indian government has recently changed its interpretation of the law (I believe, but am not sure, that there has been no change it the law itself, only its interpretation) to strip Indian citizenship from the minor children of any adult who acquires another nationality, even if the other parent remains an Indian citizen. See the many posts on this issue in the Other Countries forum. Also see my plain text interpretation of the text of the Indian law in question.

Also, to the best of my knowledge, India allows dual citizenship for children, but only if (a) they were born with dual citizenship and it was not acquired after birth and (b) provided they do not possess a non-Indian passport. That is why a CoE-RoA in an Indian passport suits such children just fine.

That has been challenged in the courts and the courts have restored the citizenship, but the wheels of Indian bureaucracy, like bureaucracies everywhere, move very slowly.

To the OP, can you get a statement from the Indian diplomatic authorities clearly stating that the children have lost their Indian citizenship? You may need such a statement to apply for a travel document.

Thanks secret.simon

I'll try and get such a statement from the Indian diplomatic authority.
If I am successful in getting the document and then getting a travel document from the UK govt, can I use it to renew the kids flr m visa. It says the travel document is valid only till end of current BRP card.

If I am unable to get the travel document, how can I extend my kids visa or legalise thier stay.

[Sivaquery]

I am having issues with renewing my Children's passport. (one British parent and one Indian Parent)

My kids are not yet eligible for BC or ILR.