OCI for a new-born child

[sher123]

I have posted my situation in detail on another thread:
http://www.immigrationboards.com/viewto ... 013#741013

I have a related question on OCI/PIO for new born child, hence I am posting a fresh query here.

Both parents are Indian national with ILR status. My child was born in UK 3 months back and has already obtained Indian passport. When I applied for ILR status on Indian passport, UKBA didn't entertain my application and claimed that my child is already a British citizen. UKBA has now advised that she should apply for British Passport (in which case I will have to surrender her Indian passport soon). For various reasons I am hesitant to apply for her British passport.

(1) I understand that without any of the parents being a citizen and holding OCI/PIO status, my daughter can't get a OCI/PIO status on her British Passport. Is that correct? If not, how can she obtain OCI/PIO on her British passport?

(2) Will she always require a visitor visa to visit India? Is there a long-term visiting visa provided by India, which would save us hassle of applying for visa for every annual visit to India? Is there a maximum period (i.e. 6 months) limit for any continuous period of stay in India on visitor visa?

(3) If I decide to return to India for good while I'm still on Indian passport (with ILR) and my daughter is on British passport, can the child apply to reclaim Indian passport? If so, how?

I understand that she can't renounce/surrender her Britsih passport/citizenship until she turns 18. How will she be able to remain in India under these circumstances?

(4) If I and rest of my family also apply for British passport/citizenship and then acquire OCI/PIO, will my daughter who will already be on British passport also be able to apply for OCI/PIO? In such a situation, if I decide to return to India permanently (with OCI/PIO) will I and my child be able to reclaim Indian passport/citizenship? If so, how?

Your inputs will be much appreciated.

[vij_sp_1980]

I think already many seniors have given their advices in the other thread you sent.

Please let us know if you have any more pending questions.

[sher123]

I was asked to post new OCI/PIO related queries on this section of forum, hence the new thread here.

These queries, although related to my earlier post in another thread, are new and I am not repeating my last thread here (but have only summarised my situation for the benefit of those looking at this thread alone).


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[geriatrix]

1. Your child is not eligible for OCI (until one parent acquires foreign nationality) but is eligible for PIO.
2. Yes, if the child does not have either OCI or PIO. Information about the different Indian visas is available on the VFS website.
3. Since the child cannot renounce British citizenship while he/she is minor, the child will not be able to acquire Indian citizenship before turning 18 (unless India allows dual citizenship or if there is a provision in the Indian citizenship laws that allow minors to retain both Indian and foreign nationality while they are minor). The child may remain (long-term) in India with either OCI or PIO.
4. As in 1 and 3 above.

[sher123]

3. Since the child cannot renounce British citizenship while he/she is minor, the child will not be able to acquire Indian citizenship before turning 18 (unless India allows dual citizenship or if there is a provision in the Indian citizenship laws that allow minors to retain both Indian and foreign nationality while they are minor). The child may remain (long-term) in India with either OCI or PIO.

Thanks for your reply. The above quoted bit (3) is unclear to me.

If both parents are still on Indian passport when migrating back to India permanently, while the minor child is still on British passport how can she get OCI? In point 1, you just clarified that the child can't get OCI unless parents acquire same status (i.e. British passport & OCI). So how is it possible for minor child to get OCI (when parents are still holding Indian passport)?

How will she be able to stay permanently in India (until she's able to turn 18 and be in a poistion to renounce BC)?

I hope my query is clearer now.


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[geriatrix]

The child may remain (long-term) in India with either OCI or PIO.

Did you note the use of "either" and "or"?

[geriatrix]

I believe there may be an option for you, if you / child wish to settle in India before the child attains full age.

See Are you a minor, Indian by descent and also foreign citizen?

[sher123]

That's an interesting spot. It appears from sushdmehta's post on the other thread that a minor can retain dual passport until the age of 18.

But how will it practically work? The child uses Indian passport to enter India and British passport to enter UK. While this appears possible under the above act, I wonder how immigration officers at either end are going to view/handle it. I can imagine facing a number of questions and having to clarify the applicability of aat each time.

Has anyone here in practice adopted this approach?

[geriatrix]

Certificate of Entitlement of Right of Abode in the UK is not issued to British passport holders. Likewise when a British citizen applies for a British passport then RoA in a foreign passport becomes invalid.

To adopt the approach given in the linked topic the British citizen child should not apply for British passport.

Read the very first sentence in the linked topic.

[Gols]

That's an interesting spot. It appears from sushdmehta's post on the other thread that a minor can retain dual passport until the age of 18.

But how will it practically work? The child uses Indian passport to enter India and British passport to enter UK. While this appears possible under the above act, I wonder how immigration officers at either end are going to view/handle it. I can imagine facing a number of questions and having to clarify the applicability of aat each time.

Has anyone here in practice adopted this approach?

Minor can hold both uk and British passport till the age of 18. My 3yr old have both passport, he enter in India Oct 2010 on his indian PP (at that time he was having only Indian passport, then applied for uk passport and got it) , left India on Indian passport and enter uk on his uk PP in June 2013. I don't think for a child who is having both thePP, needs any OCI or POI???

Planning to travel to India soon and wondering if my son can enter India on his Indian PP or does he need OCI???( father in BC and mother is Indian citizen).

Could you pls advise.

Regards