- 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
British wrote:Hi,
I am bringing my wife and our recently born baby to UK from India.
I am a British citizen, my wife (married to me) is holding a spouse/marraige visa and my recently born baby is a British citizen and her British passport is currently in process (with BHC in India).
I am told that since my daughter is a British citizen (she was born in India though, recently), she will need some exit/stay clearace in India before she will be allowed to fly out of India to UK.
Does anybody know what this stay clearance visa/docuement is?
I have searched reasonably far and wide in the internet about this, but did not get any concrete information.
My wife (who is in India currently) will be visiting the Indian Passport /consular office in India on Monday to get more info, but thought if anybody already knew about this, it will be good to hear about it, espeically some practical experience.
If this clerance will take a long time, we might also consider applying for a PIO card for my daughter in India, since that can act as a entry/exit clearance as well
Any thoughts/comments, welcome.
I understand that India does not allow dual nationality in the case of applying for British or another citizenship (i.e. naturalisation) but this is different. The child did not "become" British by making an application, but "is" a British citizen by parentage at the time of her birth. Likewise, the child is also an Indian Citizen by parentage (I understand the mother is still Indian) and by her place of birth (India). In essence, she is an "involuntary" dual national. Furthermore, the child is currently in India, which means that as an Indian citizen she would be subject to Indian laws solely.Joseph's IDEA is misleading, it is illegal to apply for Indian Passport when you've made an application for BC. Indian Govt, won't take this lightly esp. in India.
I understand that India does not allow dual nationality in the case of applying for British or another citizenship (i.e. naturalisation) but this is different. The child did not "become" British by making an application, but "is" a British citizen by parentage at the time of her birth. Likewise, the child is also an Indian Citizen by parentage (I understand the mother is still Indian) and by her place of birth (India). In essence, she is an "involuntary" dual national. Furthermore, the child is currently in India, which means that as an Indian citizen she would be subject to Indian laws solely.
However, in practice, even the issuance of a second passport constitutes loss of Indian nationality. That is pretty severe!The Constitution of India does not permit dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired.
Bearing in mind British's previous experiences with the British High Commission in New Delhi - for which the adjective Kafkaesque could have been created - I could quite understand if he were reluctant to take you up on this suggestion!Joseph wrote:....British,
In any case, the British High Commission should be able to provide the best guidance.
Joseph
It seems clear that even if the India born child of naturalised British citizens is automatically British (by descent), that from a paperwork point of view, it's a lot simpler to have the child born in the United Kingdom.British wrote:Hopefully we will get these things sorted out soon! I cannot miss my wife and daughter any more! I am just losing my patience, as days go by!
Actually, I know nothing about it (!), but I agree - I'd just put 'British citizen' as the answer to that question. She was indisputably a British citizen from the moment of her birth as far as the British government is concerned, and it is the British government that decides who is a British citizen. Moreover, she will be leaving India as a British citizen on a British passport, so it tallies with that and is less likely than any other answer to raise questions in some official's mind, I think.British wrote:So we will need to be careful as to what we say for this question - I guess we will put the answer as British citizen, anyway... but just thought i will let you know that filling Indian forms is not that simple though! :-)