BC/ Indian Passport for Children

[pulse1]

I have ILR and wife has FLR. We are both Indian citizens.

1. We have a child ( 3 yrs old) and he was born in the UK. He has indian passport. If we get British passport for him will he be eligible for OCI ?

2. We are expecting our second child in a few months. I understand that child will be british by birth. Can we not apply for Indian passport for the child?

3. If we dont apply for Indian passport and instead get a british passport- will the child (second one) be eligible for OCI/PIO ?

thanks in advance for your help

[nnj10]

I have ILR and wife has FLR. We are both Indian citizens.

1. We have a child ( 3 yrs old) and he was born in the UK. He has indian passport. If we get British passport for him will he be eligible for OCI ?

2. We are expecting our second child in a few months. I understand that child will be british by birth. Can we not apply for Indian passport for the child?

3. If we dont apply for Indian passport and instead get a british passport- will the child (second one) be eligible for OCI/PIO ?

thanks in advance for your help

1) Yes

2) You can apply for Indian passport based on his/her Indian citizenship by Descent (Born to Indian parents outside India)

3) Should be.

[Family]

I have ILR and wife has FLR. We are both Indian citizens.

1. We have a child ( 3 yrs old) and he was born in the UK. He has indian passport. If we get British passport for him will he be eligible for OCI ?

2. We are expecting our second child in a few months. I understand that child will be british by birth. Can we not apply for Indian passport for the child?

3. If we dont apply for Indian passport and instead get a british passport- will the child (second one) be eligible for OCI/PIO ?

thanks in advance for your help

1) Yes

2) You can apply for Indian passport based on his/her Indian citizenship by Descent (Born to Indian parents outside India)

3) Should be.

IMHO, Children with direct British passport are not given OCI/PIO, as by definition they have never been Indian. Best way is to apply Indian passport & change later to British passport.

[Jambo]

IMHO, Children with direct British passport are not given OCI/PIO, as by definition they have never been Indian. Best way is to apply Indian passport & change later to British passport.

I'm not familiar with the Indian rules but surely the Indian authorities (or at least the high commission in London) know about British nationality laws and that the child is British from birth. Not having a passport is not a proof of not being British and I suspect that will require a confirmation from the HO that the child is not British.

[sidshekhar]

I have ILR and wife has FLR. We are both Indian citizens.

1. We have a child ( 3 yrs old) and he was born in the UK. He has indian passport. If we get British passport for him will he be eligible for OCI ?

2. We are expecting our second child in a few months. I understand that child will be british by birth. Can we not apply for Indian passport for the child?

3. If we dont apply for Indian passport and instead get a british passport- will the child (second one) be eligible for OCI/PIO ?

thanks in advance for your help

1) Yes

2) You can apply for Indian passport based on his/her Indian citizenship by Descent (Born to Indian parents outside India)

3) Should be.

The HCI website states the following "An applicant who is a foreign national by birth or who never possessed an Indian passport would be required to present the certificate issued in lieu of surrender of Indian passport of his/her parents/ grandparents on whose basis the applicant is claiming his/her Indian origin."

http://www.cgibirmingham.org/index.php? ... ages&id=10

From this information it looks like child born in UK and getting a British passport first (with no previous Indian Passport) will be eligible for OCI on basis of Parents being Indian or OCI holder.

[pulse1]

thank you all for you replies. I have one more question. If we register our first child for BC ( Using MN1) but do not apply for his pritish passport - can he continue to hold his indian passport?

thanks

[Jambo]

thank you all for you replies. I have one more question. If we register our first child for BC ( Using MN1) but do not apply for his pritish passport - can he continue to hold his indian passport?

thanks

No. A passport is just a travel document. Having or not having a passport won't change the fact that he would become British once the application for registration is approved and by becoming British (even without a passport) he will lose his Indian citizenship.