Surrender of Indian passport and Renunciation of citizenship

[dewdrops1420]

Hi all,

I surrendered my Indian passport today and my British passport is under process. But today at HCI, they said I need to apply for renunciation of Indian citizenship before applying for OCI card.
When I checked about renunciation, it says the following "Indian citizens desiring to renounce the citizenship of India may please note that if any person(either FATHER OR MOTHER) ceases to be a citizen of India under sub - section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India under sub - section(2) of Section 8 of the Citizenship Act, 1955.However, such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship." I searched some topics related to this here but needs clarity.

So my queries are as follows:

1. I'm travelling to India in Feb, So can I travel with British passport and e-visa without renouncing the Indian citizenship ?
2.My son is awaiting for MN1 registration, how will he be affected? If I apply for renunciation, can he travel to India in Feb with his Indian passport?

Could someone please help me.

Thanks in advance

[DineshSRD]

Hi dewdrops1420,

I posted a responce for your question in other topic. But this topic question is more clear with important information, i would suggest the below as best option for you and your son's travel in Feb 2024,

1) Once you receive British passport and Surrender certificate, apply for e-visa (1-year visa, not 30 days). You can tavel in Feb 2024 with British passort/e-visa. E-visa will be issued within 72 hours. Do not apply for renunication until your son gets his MN1 application approved and gets a british passport. After your son receives british passport, he wont be impacted under Section 8 rule of Citizenship act. You can apply for renunciation and OCI then.

2) Your son can travel in Feb 2024 with his current Indian passport whilst MN1 application is in progress. Once MN1 application is approved and he gets his british passport, you can go through the normal route of surrender certificate, renunciation certificate and OCI.

Good luck.

[dewdrops1420]

Thank you!

But now my query is why should I apply for 1 yr e-visa?
I’m going for 3 weeks to India.

[thevar]

Thank you!

But now my query is why should I apply for 1 yr e-visa?
I’m going for 3 weeks to India.

Because you can't predict by when the MN1 for your son will be processed.

[bisi24]

Hi dewdrops1420,

I posted a responce for your question in other topic. But this topic question is more clear with important information, i would suggest the below as best option for you and your son's travel in Feb 2024,

1) Once you receive British passport and Surrender certificate, apply for e-visa (1-year visa, not 30 days). You can tavel in Feb 2024 with British passort/e-visa. E-visa will be issued within 72 hours. Do not apply for renunication until your son gets his MN1 application approved and gets a british passport. After your son receives british passport, he wont be impacted under Section 8 rule of Citizenship act. You can apply for renunciation and OCI then.

2) Your son can travel in Feb 2024 with his current Indian passport whilst MN1 application is in progress. Once MN1 application is approved and he gets his british passport, you can go through the normal route of surrender certificate, renunciation certificate and OCI.

Good luck.

Hi @DineshSRD,
I am at similar situation with the exception that my children are not eligible for UK citizenship until 2027. I already have UK passport (I wasn't aware that my UK naturalisation impact my children although my wife has Indian passport). My wife and children have Indian passport. Can above quoted approach be used in this case too?

[BashirB]

Hi all,

I surrendered my Indian passport today and my British passport is under process. But today at HCI, they said I need to apply for renunciation of Indian citizenship before applying for OCI card.
When I checked about renunciation, it says the following "Indian citizens desiring to renounce the citizenship of India may please note that if any person(either FATHER OR MOTHER) ceases to be a citizen of India under sub - section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India under sub - section(2) of Section 8 of the Citizenship Act, 1955.However, such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship." I searched some topics related to this here but needs clarity.

So my queries are as follows:

1. I'm travelling to India in Feb, So can I travel with British passport and e-visa without renouncing the Indian citizenship ? Yes, I have personally called HCI London to ask this when I got British citizenship and they said we can travel on eVisa
2.My son is awaiting for MN1 registration, how will he be affected? If I apply for renunciation, can he travel to India in Feb with his Indian passport? As long as one parent is still Indian, the child can travel with that parent. The part you have quoted applies when the child is Indian by virtue of birth to Indian Father or Mother. (Ie from only one parent). In your case, the child is Indian from both sides.

Could someone please help me.

Thanks in advance