OCI for minor children

[bbkaran]

Hi all,

I found this forum immensely helpful. I would like some guidance on the following:

1) We have two daughters. My elder daughter has the NZ passport, and the younger daughter has the British passport. Both of them have PIO cards. Our daughters never held Indian passports. We the parents hold Indian passports.

2) I would first like to apply for OCI cards for my daughters. I was told they are superior than the PIO cards. The question is are my daughters are eligible to apply for OCI cards?

3) If they are eligible, what documents are needed to apply for it.

Note that for the time being we, the parents, want to hold on to the Indian passports.

Thanks for all your help.

bbkaran.

[geriatrix]

1) We have two daughters. My elder daughter has the NZ passport, and the younger daughter has the British passport. Both of them have PIO cards. Our daughters never held Indian passports. We the parents hold Indian passports.

According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

[bbkaran]

1) We have two daughters. My elder daughter has the NZ passport, and the younger daughter has the British passport. Both of them have PIO cards. Our daughters never held Indian passports. We the parents hold Indian passports.

According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

Thanks for this. I thought it is other way round. If we become foreign nationals then how do we prove the children had Indian ancestory.

1) Can we still use the surrender of the Indian passport as an evidence to support children's OCI application?

2) In this case, is it better the parents obtain british passport first and all family apply for OCI?

Please advice.

bbkaran

[geriatrix]

If we become foreign nationals then how do we prove the children had Indian ancestory.

Through your (parents') erstwhile Indian citizenship status.

1) Can we still use the surrender of the Indian passport as an evidence to support children's OCI application?

If the law doesn't allow OCI for minors when parents are still Indian citizens, not sure how presenting an SC will override the law? Also, SC is (in a way) an evidence of having renounced Indian citizenship, not an evidence of acquiring a foreign citizenship!

[bbkaran]

I have now decided to apply for British Citizenship. I have ILR and my wife has ILR as my dependant. The question is If I become British Citizen, how this would affect my wife's ILR staus? Would she become an independent ILR permit holder?

Thanks

bbkaran

1) We have two daughters. My elder daughter has the NZ passport, and the younger daughter has the British passport. Both of them have PIO cards. Our daughters never held Indian passports. We the parents hold Indian passports.

According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

[geriatrix]

When your wife was granted ILR, she ceased to be your "dependant".

Since that day, she has been "independent" of you from an immigration perspective. So whatever you may wish to do now or in future will have no effect on her immigration status.

[bbkaran]

Thank you very much. Will start collecting the required documents for the settlement.

bbkaran

When your wife was granted ILR, she ceased to be your "dependant".

Since that day, she has been "independent" of you from an immigration perspective. So whatever you may wish to do now or in future will have no effect on her immigration status.