Indian minor (stateless ?)

[sathyauk]

Thanks Brother. However they are saying

"one of your parents was British citizen, British overseas territories citizen, British overseas citizen or British subject when you were born."

When he was born I was not holding the citizenship.

Any other ways for the child to get the passport renewed?

Thanks -

"1. you’ve lived in the UK or a British overseas territory for at least 3 years before the date of your application
2. you were in the UK or a British overseas territory exactly 3 years before the Home Office receives your application"

[enigma1234]

I went to vfs to renew both mine and my daughter's Indian passport. They accepted mine but not my daughter's as my husband is British citizen by naturalisation.
She was born in India while both of us were Indian citizen. They just took her application without the original passport and said if there is any change in decision will call us to submit the passport and the fee.
It seems they started implementing this rule few weeks back.
I have already booked tickets to India for July as the prices were skyrocketing ... Now I am afraid that I will lose my money as the British citizenship process is slow

Hi,
Did you hear back from VFS about your daughter's Passport renewal. I am in a similar situation and would like to know if you have resolved. Thanks.

[santanuwelcomesu]

Hi Any update on this as I am also in a similar Position

[Abeesh]

Dear All...
I am an Indian citizen living in Dubai. Now I have got a Grenada passport for my business traveller, I came to know that the Indian passport renunciation will automatically terminate my children's citizenship. Is this true? If so, is there any chance for children to continue citizenship of India? How can I continue to stay in Dubai and travel to other countries if my citizenship is suspended? Please let me know if you know. Thanks in advance..

[Shaleena]

I went to vfs to renew both mine and my daughter's Indian passport. They accepted mine but not my daughter's as my husband is British citizen by naturalisation.
She was born in India while both of us were Indian citizen. They just took her application without the original passport and said if there is any change in decision will call us to submit the passport and the fee.
It seems they started implementing this rule few weeks back.
I have already booked tickets to India for July as the prices were skyrocketing ... Now I am afraid that I will lose my money as the British citizenship process is slow

Hi,
Did you hear back from VFS about your daughter's Passport renewal. I am in a similar situation and would like to know if you have resolved. Thanks.

Hi,
No , I got my renewed passport. We are trying to apply for the british citizenship for my daughter.

[enigma1234]

I went to vfs to renew both mine and my daughter's Indian passport. They accepted mine but not my daughter's as my husband is British citizen by naturalisation.
She was born in India while both of us were Indian citizen. They just took her application without the original passport and said if there is any change in decision will call us to submit the passport and the fee.
It seems they started implementing this rule few weeks back.
I have already booked tickets to India for July as the prices were skyrocketing ... Now I am afraid that I will lose my money as the British citizenship process is slow

Hi,
Did you hear back from VFS about your daughter's Passport renewal. I am in a similar situation and would like to know if you have resolved. Thanks.

Hi,
No , I got my renewed passport. We are trying to apply for the british citizenship for my daughter.

Hi,

I assume your daughter holds ILR and is eligible to apply for British citizenship. Mine is due for ILR in 2025 so wondering if there is a way for an early for ILR given the current status.
Thanks

[Sivaquery]

Hi All,

Firstly apologies if this is not the correct section as i am not entirely sure where should i be putting this query.

Background:
Got British passport in Nov 2021 via 10 year route.
Wife and kid still on Indian passport and having FLR visa. Second renewal due in March 2024 (i.e. for 5 yrs).

I was recently told that after renouncing my indian passport the minor passport also gets renanciated based on (Indian Citizenship Act, 1955). I was not aware of this clause and it seems that the govt is highlighting this clause during OCI application. Not sure if this was made evident during earlier OCI process.

I went through some other post highlighting this rule which dates back but there was no concrete answers for the same.

So my query is
1. Is my child who currently holds an indian passport stateless ?
2. Can i travel with him using indian passport ? Will there be any issues during the travel ?
3. If by any chance he is stateless which route should i take during renewal (should i apply for FLR or Stateless application for him)?

Is anyone in similar situation or faced this issue ?

Kind Regards,
Shiney

Hi
I have been reading your post and wanted to enquire whether you were able to renew your child's Indian passport. If so, which VFS did you apply to?

If not, were you able to renew your child's FLR visa without a valid passport?

Did you apply for the stateless application for your child?

My kids passport expires in October and FLR visa renewal is due at end of the year. So, any guidance or suggestions welcome.

Thanks
Siva

[GuestN]

I went to vfs to renew both mine and my daughter's Indian passport. They accepted mine but not my daughter's as my husband is British citizen by naturalisation.
She was born in India while both of us were Indian citizen. They just took her application without the original passport and said if there is any change in decision will call us to submit the passport and the fee.
It seems they started implementing this rule few weeks back.
I have already booked tickets to India for July as the prices were skyrocketing ... Now I am afraid that I will lose my money as the British citizenship process is slow

Hi,
Did you hear back from VFS about your daughter's Passport renewal. I am in a similar situation and would like to know if you have resolved. Thanks.

Hi,
No , I got my renewed passport. We are trying to apply for the british citizenship for my daughter.

Hi @Shaleena/enigma1234,

Did you giys manage to apply the citizenship for your daughter yet ? What route are you trying ? Naturalisation or MN1 ? Did any Solicitor advises to do so ? Please advise as we are on the same situation as my child will be eligible for ILR 2026 but current Indian passport is due to renew by this Dec.
Any advise on British Citizenship or Indian passport renewal will be greatly appreciated, Thanks

[GuestN]

I went to vfs to renew both mine and my daughter's Indian passport. They accepted mine but not my daughter's as my husband is British citizen by naturalisation.
She was born in India while both of us were Indian citizen. They just took her application without the original passport and said if there is any change in decision will call us to submit the passport and the fee.
It seems they started implementing this rule few weeks back.
I have already booked tickets to India for July as the prices were skyrocketing ... Now I am afraid that I will lose my money as the British citizenship process is slow

Hi,
Did you hear back from VFS about your daughter's Passport renewal. I am in a similar situation and would like to know if you have resolved. Thanks.

Hi,
No , I got my renewed passport. We are trying to apply for the british citizenship for my daughter.

Hi @Shaleena/enigma1234,

Did you guys manage to apply the citizenship for your daughter yet ? What route are you trying ? Naturalisation or MN1 ? Did any Solicitor advises to do so ? Please advise as we are on the same situation as my child will be eligible for ILR 2026 but current Indian passport is due to renew by this Dec.
Any advise on British Citizenship or Indian passport renewal will be greatly appreciated, Thanks

[Sivaquery]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

[jagan16]

Hi All,

Firstly apologies if this is not the correct section as i am not entirely sure where should i be putting this query.

Background:
Got British passport in Nov 2021 via 10 year route.
Wife and kid still on Indian passport and having FLR visa. Second renewal due in March 2024 (i.e. for 5 yrs).

I was recently told that after renouncing my indian passport the minor passport also gets renanciated based on (Indian Citizenship Act, 1955). I was not aware of this clause and it seems that the govt is highlighting this clause during OCI application. Not sure if this was made evident during earlier OCI process.

I went through some other post highlighting this rule which dates back but there was no concrete answers for the same.

So my query is
1. Is my child who currently holds an indian passport stateless ?
2. Can i travel with him using indian passport ? Will there be any issues during the travel ?
3. If by any chance he is stateless which route should i take during renewal (should i apply for FLR or Stateless application for him)?

Is anyone in similar situation or faced this issue ?

Kind Regards,
Shiney

Hi Shiney,

1. Did you renounce yet ?
2. Were you able travel with child after renouncing?

[Bharath12]

Hi All,

I am in the same position.
My daughter indian Passport expired.
My Wife and My daughter are here on the FLR brought.

I got my British citizenship on May 2022.
VFS is not taking my daughter's application.
MY wife is still a British citizen.

Any suggestions?
Please help me.

[Bharath12]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

Hi Sivaquerry. do you got any update. please guide me. i was very much concerned

[Sivaquery]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

Hi Sivaquerry. do you got any update. please guide me. i was very much concerned

Hi Bharath,

Unfortunately I have no updates or good news. Still, trying to find a solution for my kids situation - both in India and UK.
Can you share what is the status of your children? Are they due for an extension of their visa or do they need to apply for ILR ?
When is their Passport expiring ?

Siva

[Bharath12]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

Hi Sivaquerry. do you got any update. please guide me. i was very much concerned

Hi Bharath,

Unfortunately I have no updates or good news. Still, trying to find a solution for my kids situation - both in India and UK.
Can you share what is the status of your children? Are they due for an extension of their visa or do they need to apply for ILR ?
When is their Passport expiring ?
Siva

Hi Siva
Due for ILR in coming december. Indian passport expired on April end.
Its very stressing

[Siddiquis]

My daughters Indian passport expired in April 2023, but the passport was the the home office for her visa application. They returned it after an year in April 2024. In May, VFS didn't take her application because of the confusion between Section 8 and 9. I spoke with my lawyer who is a big shot. He got connections in Channel 4 News and BBC. We are going to make this big, so Indian Govt can open their eyes to see how minor are left stateless across the world and their immediate families are facing the mountain of task to get a passport.

We booked ticket for India and now we can't go because of this. The agent won't return our £3000 worth of tickets. It looks like my daughter is getting punished for my giving away the Indian Citizenship.

Will keep posted. Wish us luck.

Thanks

[Sivaquery]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

Hi Sivaquerry. do you got any update. please guide me. i was very much concerned

Hi Bharath,

Unfortunately I have no updates or good news. Still, trying to find a solution for my kids situation - both in India and UK.
Can you share what is the status of your children? Are they due for an extension of their visa or do they need to apply for ILR ?
When is their Passport expiring ?
Siva

Hi Siva
Due for ILR in coming december. Indian passport expired on April end.
Its very stressing

From the advice I have been given and reading thru the home office website - it is possible to apply for ILR with an expired Passport. You need to submit documentation to prove you did your best to renew the passport, but the govt/Embassy did not issue one despite your efforts. And u can submit another proof like Aadhar card / Pan card / Post office ID card etc.. some type of National ID card.

Its an unnecessary stress in our already busy lives..

Let's hope some one who has faced a visa extension or ILR application update their positive experience here

[Sivaquery]

My daughters Indian passport expired in April 2023, but the passport was the the home office for her visa application. They returned it after an year in April 2024. In May, VFS didn't take her application because of the confusion between Section 8 and 9. I spoke with my lawyer who is a big shot. He got connections in Channel 4 News and BBC. We are going to make this big, so Indian Govt can open their eyes to see how minor are left stateless across the world and their immediate families are facing the mountain of task to get a passport.

We booked ticket for India and now we can't go because of this. The agent won't return our £3000 worth of tickets. It looks like my daughter is getting punished for my giving away the Indian Citizenship.

Will keep posted. Wish us luck.

Thanks

Hi Siddiquis,

Thanks for your post.
I have in the last few months enquired with the Embassy in Singapore and New Zealand. They have confirmed that they issue Indian Passports to children in our situations. Not sure about USA and other European Countries. Seems like this rule is followed only in UK. (but you can research further if required)

Wishing you All the best in your endeavours ! Hope you bring our plight into spotlight.

Also can you pls share if you were able to successfully extend your child's visa or apply for ILR with her expired Passport. It would give hope to a lot of us in this forum.

[Bharath12]

My daughters Indian passport expired in April 2023, but the passport was the the home office for her visa application. They returned it after an year in April 2024. In May, VFS didn't take her application because of the confusion between Section 8 and 9. I spoke with my lawyer who is a big shot. He got connections in Channel 4 News and BBC. We are going to make this big, so Indian Govt can open their eyes to see how minor are left stateless across the world and their immediate families are facing the mountain of task to get a passport.

We booked ticket for India and now we can't go because of this. The agent won't return our £3000 worth of tickets. It looks like my daughter is getting punished for my giving away the Indian Citizenship.

Will keep posted. Wish us luck.

Thanks

Hi Siddiquis,

Thanks for your post.
I have in the last few months enquired with the Embassy in Singapore and New Zealand. They have confirmed that they issue Indian Passports to children in our situations. Not sure about USA and other European Countries. Seems like this rule is followed only in UK. (but you can research further if required)

Wishing you All the best in your endeavours ! Hope you bring our plight into spotlight.

Also can you pls share if you were able to successfully extend your child's visa or apply for ILR with her expired Passport. It would give hope to a lot of us in this forum.

I am having the appointment with Lawyer tomorrow. not sure what he reccomends. Its very stressfull.

[Sivaquery]

I am having the appointment with Lawyer tomorrow. not sure what he reccomends. Its very stressfull.

Hope u get some answers. Pls do update us about any possible solutions

thanks
Siva

[Bharath12]

I am having the appointment with Lawyer tomorrow. not sure what he reccomends. Its very stressfull.

Hope u get some answers. Pls do update us about any possible solutions

thanks
Siva

Hi Siva,
My Lawyer wants a couple of days. he recommends public litigation in India, since getting the Indian passport and proceeding to UK citizenship after ILR is the one he recommends. I need to call back to him again on Monday or Tuesday. for applying for citizenship in the UK. he said we need a stateless certificate from the Indian Embassy. he recommended writing to a high commission. but I already did that

[dharmil_ib]

Hi everyone,

I wanted to try to clarify a few things regarding non-renewal of passports, statelessness and renunciation as there is a lot of confusion and misinformation regarding this.

- One parent acquiring foreign citizenship doesn't automatically lead to that parent's minor children losing their Indian citizenship. This only happens after *renunciation* of Indian citizenship, which doesn't happen automatically.
- According to Section 9(2) of The (Indian) Citizenship Act 1955, when an adult *renounces* his/her Indian citizenship as per Section 9, all minor children of that individual stop being Indian citizens.
- But here's the good news: there's no statutory requirement to renounce Indian citizenship upon acquiring citizenship despite what consulates/embassies might claim. More importantly, one can delay their renunciation until all minor children acquire foreign citizenship to prevent statelessness. Before the renunciation, the children would still remain Indian citizens and be entitled for Indian passports.

I have written a detailed blog post about this with detailed explanation of the law and how it's interpreted by the courts. Moderator edit

Please let me know if there are any questions; would try my best to help.

[thevar]

Blog post link not available!

Hi everyone,

I wanted to try to clarify a few things regarding non-renewal of passports, statelessness and renunciation as there is a lot of confusion and misinformation regarding this.

- One parent acquiring foreign citizenship doesn't automatically lead to that parent's minor children losing their Indian citizenship. This only happens after *renunciation* of Indian citizenship, which doesn't happen automatically.
- According to Section 9(2) of The (Indian) Citizenship Act 1955, when an adult *renounces* his/her Indian citizenship as per Section 9, all minor children of that individual stop being Indian citizens.
- But here's the good news: there's no statutory requirement to renounce Indian citizenship upon acquiring citizenship despite what consulates/embassies might claim. More importantly, one can delay their renunciation until all minor children acquire foreign citizenship to prevent statelessness. Before the renunciation, the children would still remain Indian citizens and be entitled for Indian passports.

I have written a detailed blog post about this with detailed explanation of the law and how it's interpreted by the courts. Moderator edit

Please let me know if there are any questions; would try my best to help.

[dharmil_ib]

Looks like it was removed by some mod. I am not sure why though, as the purpose surely wasn't to promote my blog (which has all but one post) or for SEO reasons.

Anyway you can google the title: "Preventing accidental statelessness of Indian children" and find the post.

[Bharath12]

I am having the appointment with Lawyer tomorrow. not sure what he reccomends. Its very stressfull.

Hope u get some answers. Pls do update us about any possible solutions

thanks
Siva

Hi Siva,
My Lawyer wants a couple of days. he recommends public litigation in India, since getting the Indian passport and proceeding to UK citizenship after ILR is the one he recommends. I need to call back to him again on Monday or Tuesday. for applying for citizenship in the UK. he said we need a stateless certificate from the Indian Embassy. he recommended writing to a high commission. but I already did that

Hi Siva,

Do you got the OCI card