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  • Infant Indian passport born in India to a foreign citizen

    Hi all,

    I am an Australia citizen and OCI holder. My wife is an Indian Citizen. My son born in India. I want to apply for Indian citizenship / passport for him. Later in future he can apply Australian citizenship by descent .

    By MHA guidelines

    (1) By Birth (Section 3)

    (i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.

    (ii) A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.

    (iii) A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

    An “illegal migrant” as defined in section 2(1)(b) of the Act is a foreigner who entered India
    (i) without a valid passport or other prescribed travel documents : or
    (ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.


    By rule iii, I think he is eligible as I'm not an illegal immigrant. Hold a valid passport and visa. Still Im in dilemma. Please let me know ur thoughts

    Any one applied for the same in the past? Please guide me.

    I have taken a No objection affidavit from Indian consulate here.

    Thanks
    Last edited by ausking; 10-24-2011, 09:57 PM.

  • #2
    Rule (iii) would apply to you.
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