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British Passport/Right of Abode

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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s_a_n
Newbie
Posts: 48
Joined: Tue Jul 22, 2008 8:54 pm

British Passport/Right of Abode

Post by s_a_n » Thu May 30, 2013 11:36 am

Hello Gurus,

I had a son recently (this happened after I got my ILR). Since we are not sure when we may move back (or at all), I have dilemma if I should pick up British Passport or Indian passport for him.

I have done a bit of research on this forum and my understanding is that he is already a British Citizen and he can apply for Indian passport and then apply for right of abode so that he can stay/visit UK any time he wants. Is my assumption correct?

Are there any pitfalls with this - do Indian rules agree with this?

I have gone through the passport application form and I can see the following - I am not sure of what to make of it.
4) I hereby declare that ________________________________ born in UK has not applied for or acquired U.K. citizenship / travel document. Should I approach the British authorities for such a travel document, I undertake to inform the High Commission of India, London immediately so that Indian travel document may be withdrawn.

Regards,
s_a_n

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu May 30, 2013 11:53 am

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.

s_a_n
Newbie
Posts: 48
Joined: Tue Jul 22, 2008 8:54 pm

Post by s_a_n » Thu May 30, 2013 12:45 pm

Thank you Vinny..

Does the following mean that he loses Indian citizenship, if me and my wife take up British passport in future?
(But mother will remain on PR though...she is not keen to take up British citizenship).

Renunciation
5.1 If an adult makes a declaration of renunciation of Indian
citizenship, any minor child of that person also loses Indian
citizenship from the date of renunciation.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Post by ban.s » Thu May 30, 2013 8:44 pm

As per section 8(2) of Indian Citizenship Act, once a person renounces his citizenship then every minor child of that person will also cease to be indian citizen.

s_a_n
Newbie
Posts: 48
Joined: Tue Jul 22, 2008 8:54 pm

Post by s_a_n » Mon Jun 03, 2013 7:37 pm

Ban, mother will remain on Indian Passport (only PR).
Does my son need to still give up Indian citizenship and passport?

Regards

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Babys citizenship based on father's

Post by vinny » Sun Jun 09, 2013 3:42 am

s_a_n wrote:Gurus,
I got my ILR in Feb and had a baby boy in May. I am planning to apply for Indian citizenship for the boy with certificate of residences from right of abode for UK.
My wife will get her ILR this month.

I plan to take up British Citizenship but my wife will continue on ILR. Can my son continue on Indian passport or does he have to renounce it as my status has changed?

regards,
s_a_n
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.

pkumar
Member of Standing
Posts: 430
Joined: Sun May 31, 2009 10:56 pm

Re: Babys citizenship based on father's

Post by pkumar » Sun Jun 09, 2013 8:30 am

I am sure MANY are thinking of this option ... there should be some guidance CLEARLY stating this ... i hope!

englishlife
Newbie
Posts: 48
Joined: Fri Jun 07, 2013 10:02 pm
Location: ENGLAND

Re: British Passport/Right of Abode

Post by englishlife » Mon Jun 10, 2013 8:55 pm

s_a_n wrote:Hello Gurus,

I had a son recently (this happened after I got my ILR). Since we are not sure when we may move back (or at all), I have dilemma if I should pick up British Passport or Indian passport for him.

I have done a bit of research on this forum and my understanding is that he is already a British Citizen and he can apply for Indian passport and then apply for right of abode so that he can stay/visit UK any time he wants. Is my assumption correct?

Are there any pitfalls with this - do Indian rules agree with this?

I have gone through the passport application form and I can see the following - I am not sure of what to make of it.
4) I hereby declare that ________________________________ born in UK has not applied for or acquired U.K. citizenship / travel document. Should I approach the British authorities for such a travel document, I undertake to inform the High Commission of India, London immediately so that Indian travel document may be withdrawn.

Regards,
s_a_n
My suggestion is other way. As your son is already British by born due to your settled status so take British passport with indian right of adobe seal on his passport if indian authority allow to do so ! As if he become indian citizen then he will lose his british citizenship according to indian rules dual citizenship not allowed. But according to british rules multiples citizenship is allowed. So it is your decission.

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