- 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
Not without breaking Indian law, as I understand it, because the second that he naturalises as a BC, he is not longer Indian.raikal wrote:I have seen people taking right of abode sticker in Indian passport for the kids who are born to people with status PR. ( May be because they are automatically british citizens when they were born )
If that is the case, When Indian national, naturalises in UK can he go for right of abode in Indian passport ?
raikal wrote:Does right of abode implied that you are a BN. If that is the case, right of abode is not valid to take it on Indian passport as indian govt does not allow dual nationallity.
I don't understand the question....raikal wrote:It may be true for Americans ?
Please clairfy
Yes - within reason...raikal wrote:My question was:
If an american citizen naturalise as BN, and goes for right of abode in American passport is legal. but
If an Indian citizen naturalise as BN and goes for right of abode ( without applying for British passport ) is not legal.
British govt does not check the validity of foreign passport they just put the sticker of ROI on whichever passport you send.
Am I correct ?
You're not the only one! I think the point is that a child born in UK to a "settled" parent is British automatically, and someone in this position isn't deemed by the Government of India to have acquired another citizenship until he voluntarily acquires a British passport. So he's OK as long as he only has a C of E, not a Brit passport. His only real disadvantage is that his Indian passport doesn't prove to, say, the German authorities that he's an EU national, so he still needs a visa to go to Germany, and he can't live there as an EU national.raikal wrote:If I am correct I dont understand lemses reply
A kid born in UK and goes for ROI in indian passport is valid
naturalise as BN, and goes for ROI is indian passport is not valid.
I am confused.
As Perry Mason would say: "Asked and answered, your honor..." Have a look at the final paragraph of my post of 12.43pm. That's my understanding of it, but if you want another opinion, stick around - there'll be a fresh one along in a minuteraikal wrote:OK guys,
Now i agree that ROA is illegal in Indian passports.
how is that valid for the children who are born in UK to PR parent ?
Regards
Raikal
Because many of those born before 2004 acquired both Indian and British citizenship at birth. As long as they don't get British passports, they keep Indian.raikal wrote:OK guys,
Now i agree that ROA is illegal in Indian passports.
how is that valid for the children who are born in UK to PR parent ?
Does that mean that no child upon whom the UK government imposes British citizenship can become an Indian, even though the parents have no choice in the matter, and cannot renounce BC on the child's behalf? If one of the parents (born before 1.1.83) happens to have UK-born mother they wouldn't even have the choice as to whether to be "settled" in UK when they're here, given that there's no provision to renounce the right of abode.JAJ wrote:...From 2004, India insists on registration for UK born children and they will need proof the child is not British. So it doesn't work in these cases...
ppron747 wrote:Does that mean that no child upon whom the UK government imposes British citizenship can become an Indian, even though the parents have no choice in the matter, and cannot renounce BC on the child's behalf? If one of the parents (born before 1.1.83) happens to have UK-born mother they wouldn't even have the choice as to whether to be "settled" in UK when they're here, given that there's no provision to renounce the right of abode.JAJ wrote:...From 2004, India insists on registration for UK born children and they will need proof the child is not British. So it doesn't work in these cases...
Sounds a bit draconian...
Hang on (to coin a phrase!)JAJ wrote:If child is born on after 3 December 2004 that indeed seems to be the case, according to Wikipedia at least:
http://en.wikipedia.org/wiki/Indian_nationality_law
From 3 December 2004, a person born outside India shall not be a citizen of India unless his birth is registered at an Indian consulate within one year of the date of birth, or with the permission of the Central Government after the expiry of the one year period. An application, for registration of the birth of a minor child, must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.....
No. The following appears on the Indian Ministry of Home Affairs websiteDawie wrote:A passport is just a physical manifestation of your citizenship, whether you hold a passport or not doesn't change the material fact that you are a citizen. I'm pretty sure that when you have to give an undertaking that your child doesn't hold the passport of another country that they actually mean citizenship.
(iii) A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
PEOPLE might make that mistake, but governments don't tend to. The point is that a child has no choice (while it is a minor) as to its nationality. In most countries (possibly all...) parents cannot renounce a citizenship on behalf of their child. The Indian government plainly recognises this, and allows a child to have dual nationality provided that the parents don't get a passport for the child in the other nationality.Dawie wrote:It's a common mistake that people make substituting the word passport for citizenship. Like when immigrants say they want to get a British passport, they actually mean they want to get British citizenship. The passport is just a travel document that you can obtain as a consequence of holding that citizenship.