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Can anyone sort this out for me please

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Inverness_Krishna
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Can anyone sort this out for me please

Post by Inverness_Krishna » Tue Mar 08, 2011 2:44 pm

Can anyone sort this out for me please

New born baby Born to Indian parents(Before ILR) in Uk , Parents now got ILR and child in process of British registration certificate, to get British passport

waited ...

Mother need to travel emergency reasons, so applied for child Indian passport in due course to see which ever comes first will be utilised


Case 1: If Indian passport comes first, child will be taken to india with it. Now i received registration certificates/ Father applies Child application for British passport pretending child still lives in uk ( will this be a issue? as there is no check done on this child being a few months old)

Father can wait and travel later to india taking child british passport, Will i be able to surrender child indian passport in india and bring child to Uk with british passport


Case 2: If i get British passport sorted first, child will apply for India Tourist visa (will this be a issue? as child indian passport application is in the process). Both mum and child will make a move to India with child tourist visa.

On the day i receive child indian passport in Uk, Will i able to surrender child indian passport same day saying child got British passport and no more in need.

As per the dates, Indian passport comes later. Will this make Child British passport void?

Inverness_Krishna
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Post by Inverness_Krishna » Wed Mar 09, 2011 9:51 am

Not sure whether my case is complicated or me not being clear ?

pennylessinindia
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Post by pennylessinindia » Wed Mar 09, 2011 1:07 pm

as an Indian you can not be a dual citizen and given you have applied for your child to be a British Citizen first and then completed the childs application for an Indian Passport what did you tell the Indian Authorites when asked about the childs citizenship?

I would never advice "pretending to be" - That is another way of saying a lie

Why are you making it all so complicated for yourselfs. Why not apply for one and wait rather than 2 and get in a mess
pennyless

Inverness_Krishna
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Post by Inverness_Krishna » Wed Mar 09, 2011 7:09 pm

Thanks for your response,

i haven't applied for British citizen yet (only applied for child registration in homeoffice). Child is still stateless when we applied for Indian citizenship

"Why not apply for one and wait rather than 2 and get in a mess"

Been waiting for last 4 months to get our passports from homeoffice, now waited till last week for Child registration certificate. So thought to apply for Indian citizenship and after applying realised that in Edinburgh embassy will take 4 weeks as it get processed from India. where as in London its 3 days procedure.

Any idea about case 2 query -

"As per the dates, Indian passport comes later. Will this make Child British passport void?"

krazydude
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Post by krazydude » Thu Mar 10, 2011 12:35 pm

It seems that you have gotten into a mess which you created

a) If your child gets the British Passport first, then you have to apply for a Tourist visa (which usually takes 7-15 days to get). However, VFS/HCI might realise that they have a Indian Passport for the child in progress/issued a Passport for the child, which could cause delays/refusal of the tourist visa. If they do not detect this, then you might get a visa, travel to India get back and everthing goes on as normal till the time you want to get a PIO for your child and that is when they come to know that your child had a Indian Passport while having a British Passport. This will involve a fine.

b) If your child gets the Indian Passport first and then the British Passport and if you use the Indian Passport to travel to India - a) you would be stamped on the Indian Passport (at the UK border) to having left on certain date, but when you wish to get back to the UK, what will you do, whip out the UK Passport, which has no stamp of your child ever having left the UK, which if it does not raise questions at the Indian border, will definately raise questions on the UK border (if they have a good look at the passport and you do not go thru the Iris scan - not sure if Child Passports have that feature). Also, when you want your child to get a OCI, you will have to pay a fine.

Inverness_Krishna
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Post by Inverness_Krishna » Thu Mar 10, 2011 9:20 pm

My plan- I will not apply for British passport until child gets Indian passport

Say child gets Indian passport, meanwhile i should have home-office registration certificate

Apply now for child British passport as she is still in UK

Once i posted the British passport application next day child will leave to India.

Three weeks time i will get child British passport, i can take that to India/ surrender child Indian passport in India.

Now child can travel back with British passport showing surrendered Indian passport in India/ UK immigration centre

Any legal issues or fine in above case?

KDS
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Post by KDS » Thu Mar 10, 2011 11:31 pm

Inverness_Krishna wrote:My plan- I will not apply for British passport until child gets Indian passport

Say child gets Indian passport, meanwhile i should have home-office registration certificate

Apply now for child British passport as she is still in UK

Once i posted the British passport application next day child will leave to India.

Three weeks time i will get child British passport, i can take that to India/ surrender child Indian passport in India.

Now child can travel back with British passport showing surrendered Indian passport in India/ UK immigration centre

Any legal issues or fine in above case?
that might complicate things when you come back. UK will let you in as your kid will be having a British passport and it's not stamped entry or exit here. u might have trouble in India when u leave.

again I'm not expert in this matters.

vinny
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Post by vinny » Thu Mar 10, 2011 11:48 pm

Inverness_Krishna wrote:i haven't applied for British citizen yet (only applied for child registration in homeoffice).
Applying for registration is equivalent to applying for British citizenship. A British child may apply for a British passport in India if child is in India.

See also Travelling to India on Indian passport after getting British.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Inverness_Krishna
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Post by Inverness_Krishna » Fri Mar 11, 2011 9:11 am

Thanks Vinny, i am aware of those.

But cant find any information on surrendering Indian passport in India.

krazydude
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Post by krazydude » Fri Mar 11, 2011 4:20 pm

http://www.mha.nic.in/pdfs/oci-adrs.pdf

Addresses of Offices in India where you can surrender passport and apply for OCI

Inverness_Krishna
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Post by Inverness_Krishna » Sat Mar 12, 2011 7:31 pm

cheers :)

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