Applying for British Passport and OCI from India

[kpr29]

Hi There
My husband, kids and I got Citizenship on 23 June 2010. My husband and kids moved back to India immediately after that because my husband is setting up his own business there. I am still here in london due to work commitments, planning to move back by the end of the year. I've applied for my british passport from here and am expecting to receive it in a week.

Grace period of three months is allowed from the date of acquisition of foreign citizenship for the purpose of travel on Indian passport. No penalty will be leviable for travel on Indian passport. Please follow this link for details.
http://www.cgibirmingham.org/consrvcs_alt.htm

Based on this my husband and kids went to India, now when he enquired about applying British passport from India and he is being told that he cannot apply because he needs visa to live in India as he is already a British citizen.

We are now in big confusion. Is there any way my husband and kids can apply for british passport (and then OCI) in India?
If yes, will there be any disadvantage if we apply from India?
Please suggest.

Thanks in advance
KPR

[geriatrix]

Now that your husband and kid are British citizens (and on acquisition of British citizenship they automatically lost Indian citizenship), they are in India without a legal travel document (a valid passport) or a visa (Indian tourist visa / PIO / OCI etc.), therefore may be classified as illegal residents (already or after lapse of 3 months grace period).

BHC has already indicated that they will not be able to issue a British passport as they (husband and kid) do not hold any legal right to be India (British citizens in India without a visa).

Likewise, Indian authorities may not issue you an OCI because they do not hold a valid travel document of the country of citizenship (British passport). Also, if your husband and kid apply for OCI in India, they'll be making the relevant authorities aware of their (potential) illegal status.

Perhaps you may want to explore the possibility that they return to UK to apply for British passport and OCI, and return to India thereafter. Reserving my comments on whether they can now travel to UK on their (not valid) Indian passports .. and how!


IMHO ....



regards

[kpr29]

Thanks you very much for your valuable advice.
I cant think of any other option but to bring my family (hubby and kids) back to UK and applying for british passport.
Forgot to mention one thing, my kids went to India 2 weeks before we all got the citizenship (kids did not need to attend the citizenship ceremony). This means they were in India when they became british citizens. Can anything be done on this basis?
My kids are very young(21 months old twins), so i would like to avoid the journey if there is any option.

Pardon my ignorance,I know my family is already in India.Can they not apply for visitor visa to India, so that they can be in India legally??

Thanks
KPR

[geriatrix]

Can they not apply for visitor visa to India, so that they can be in India legally??

Cannot apply for visa to visit the country one is already in!

regards

[kpr29]

Thanks for the advise.