OCI for child with father without British Passport

[ric1982]

Hi,

I would really appriciate if someone can help me understand if my child is eligible for OCI?

Mother : Indian citizen (Indian Passport with ILR)
Father : Recently got BC but without British passport (Not surrendered Indian Passport)
Child : BC with British passport.

Can my child get an OCI card as I am BC (Without British Passport?) and my wife is Indian Citizen?

Many Thanks

[vij_sp_1980]

I think NO.

Both parents should be british.

http://www.immihelp.com/nri/pio-vs-oci.html

[ric1982]

I think NO.

Both parents should be british.

http://www.immihelp.com/nri/pio-vs-oci.html

Sorry that is incorrect. It says "Either parents" needs to be British. Either means one or another.

Can any senior member put some light on this whether I need to have a British passport or only naturalization certificate is enough?

[manyaonisland]

Child is eligible for OCI point 2 in FAQ as one of the parent (i.e you!) is eligible for OCI . However minor cannot apply for OCI on his/her own. Child can apply along with adult applying for OCI. So if you wish to get the OCI for child the only way to proceed further is to submit the child application along with your application for OCI.

[manyaonisland]

Father : Recently got BC but without British passport (Not surrendered Indian Passport)

Once you become British you have lost your Indian Citizenship. the sooner you surrender your Indian passport the better. You have 90 days of grace period for travel and 3 yrs of period to submit the passport before attracting any penalty however you will not be able to apply for OCI unless you surrender your Indian passport

[manyaonisland]

Father : Recently got BC but without British passport (Not surrendered Indian Passport)

Once you become British you have lost your Indian Citizenship. the sooner you surrender your Indian passport the better. You have 90 days of grace period for travel and 3 yrs of period to submit the passport before attracting any penalty however you will not be able to apply for OCI unless you surrender your Indian passport

[vij_sp_1980]

Can Minor children apply for OCI?

Yes, if either of the parents is eligible for OCI. Minor children of parents where both (father and mother) are Indian nationals would not be eligible for OCI.

http://www.cgibirmingham.org/index.php? ... es&id=10#3
Yes ric1982 you are right indeed.

[ric1982]

Father : Recently got BC but without British passport (Not surrendered Indian Passport)

Once you become British you have lost your Indian Citizenship. the sooner you surrender your Indian passport the better. You have 90 days of grace period for travel and 3 yrs of period to submit the passport before attracting any penalty however you will not be able to apply for OCI unless you surrender your Indian passport

Thanks
But can I apply for OCI without British Passport?

[manyaonisland]

But can I apply for OCI without British Passport?

You are eligible to apply for OCI following your Naturalization. In the OCI process the life long multiple entry visa is stamped on the foreign passport along with the OCI booklet. Hence it is imperative that you have foreign passport when you apply for OCI. Though from the British nationality perspective you are British Citizen the moment you get Naturalization certificate and passport is optional, from OCI processing perspective you are expected to have foreign passport.
So in a nutshell I have not heard anyone having OCI without British passport.

Any particular reason you are not applying for British passport?

[ric1982]

But can I apply for OCI without British Passport?

You are eligible to apply for OCI following your Naturalization. In the OCI process the life long multiple entry visa is stamped on the foreign passport along with the OCI booklet. Hence it is imperative that you have foreign passport when you apply for OCI. Though from the British nationality perspective you are British Citizen the moment you get Naturalization certificate and passport is optional, from OCI processing perspective you are expected to have foreign passport.
So in a nutshell I have not heard anyone having OCI without British passport.

Any particular reason you are not applying for British passport?

Thanks for the detailed explanation. I am going to apply for British Passport but as its first passport it will take time and I wish to apply for kid's OCI as soon as.

[manyaonisland]

I wish to apply for kid's OCI as soon as.

consider visitor visa/ PIO for child if you need to make immediate travel. Also remember about grace period of travel on Indian passport.