Indian minor (stateless ?)

[Bharath12]

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.

Hi Dharmi,

I surrender my Passport on sep 2022 itself.

[Sivaquery]

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. - Way back in 2018-2019, we were not warned of the consequences as people are being now and I think was illegal to not surrender your passport / renounce Indian citizenship
- 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.
- Unfortunately, not helpful for people who have already renounced as they were told its the only way to go. We can't undo what's done.

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.
- Do you have any suggestions / solutions for people who have already renounced their citizenship and their children are not yet eligible for British Citizenship and can't get an Indian Passport

[Rud]

I have submitted a grievance through the designated portal, addressing the Indian Prime Minister and reporting an issue with the Indian Consulate in the UK.

https://www.pmindia.gov.in/en/interact-with-honble-pm/

I can now see that the complaint has been processed and forwarded to the High Commission of India in London. I would those affected to raise similar grievances so that a solution can be found soon. It is best to submit these complaints under the 'Indian External Affairs' category to ensure they reach the appropriate department. I have detailed the entire issue, including the recent Delhi High Court verdict and the different Indian passport renewal procedures followed by Indian consulates in Australia, New Zealand, and other countries. The Indian Consulate in London is not prioritizing children's futures and is refusing to process minor Indian passport applications. Once you have submitted your grievance, keep checking the status using the complaint reference number to see if it has reached the Indian Consulate in London.

https://www.pmindia.gov.in/en/interact-with-honble-pm/