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  • Dual Citizenship For Indian Children below 18 Years

    Dear All ,

    i am not sure how many of you are aware that Constituation of India allows dual Citizenship for Indian Children (by Birth Indians , Not applicable for those born In USA) up to 18 years , meaning they can continue holding Indian Passport even after getting Forign passport. unlike , For Adults (above 18 years ) , India Strictly doNOT allow to carry more than 1 passport and must apply for OCI )

    The reason i posted here is because many Indians are renouncing the kids citizenship too.

  • #2
    Hi,

    We (parents) are holding US Passport with an OCI. We got a son born in India who is US citizen because of parents are US citizens and holding US passport.

    Are you saying my son is qualified to apply Indian passport just because he born in India even though he is US citizen with US passport?

    Can you please share a link/website which states the same?

    Thanks

    Comment


    • #3
      Originally posted by talanki View Post
      Hi,

      We (parents) are holding US Passport with an OCI. We got a son born in India who is US citizen because of parents are US citizens and holding US passport.

      Are you saying my son is qualified to apply Indian passport just because he born in India even though he is US citizen with US passport?

      Can you please share a link/website which states the same?

      Thanks
      Your child cannot be an Indian citizen


      Any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987 is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth the citizen can be an Indian or a foreigner

      Comment


      • #4
        Thx for clarfication but my son is eligible for OCI right

        Comment


        • #5
          Originally posted by talanki View Post
          Thx for clarfication but my son is eligible for OCI right
          yes

          Comment


          • #6
            Originally posted by pvsrnaidu View Post
            Dear All ,

            i am not sure how many of you are aware that Constituation of India allows dual Citizenship for Indian Children (by Birth Indians , Not applicable for those born In USA) up to 18 years , meaning they can continue holding Indian Passport even after getting Forign passport. unlike , For Adults (above 18 years ) , India Strictly doNOT allow to carry more than 1 passport and must apply for OCI )

            The reason i posted here is because many Indians are renouncing the kids citizenship too.
            Hi, thanks for the post, my son born in 2010 nov, is having both Indian and uk passport, can he travel/ enter in India on his Indian PP or does he need any OCI or Visa??



            Thanks

            Comment


            • #7
              Originally posted by Gols View Post
              Hi, thanks for the post, my son born in 2010 nov, is having both Indian and uk passport, can he travel/ enter in India on his Indian PP or does he need any OCI or Visa??



              Thanks
              Hi There ,

              based on my bad experience (nightmare) , i learned that , There is a huge legal definition difference of the two terms " Passport " and " Citizenship " .
              the summary is " NO indian citizen can hold more than 1 passport at anytime " this is what the Immigration officers know about .

              however during my struggle where my wife & kids were stopped in chennai airport immigration office , because my kids holding foreign & Indian passports , i have obtained a fax from Ministry of Home Affairs India , that kids can hold dual citizenship .

              However , it was a nightmare before i can get them out of India (after struggling 4 days ) , reason being the Government Orders (GOs) are so complex that , trust me , normal people can never understand the summary . it has so many clauses ...revisions.....amendments ........ etc

              so finally , i have surrendered the India Passport of my kids and now i take visit visas for them whenever going to India . They can easily get back India passport after their full age (18+ ) if they renounce the Forign citizenship .

              i have some documents to support these , unable to attach here as the upload size is 19Kb only .

              please email me "[email protected] " , i can send them to you .

              Comment


              • #8
                Holding two passports

                I want some clarification on our situation. I want to find about the dual citizenship for our children.

                We have two children and both were born in the UK and at the time my wife and I were on Tier 1 visa in the UK so our children were not eligible to become British citizenship due to our visa status. When my wife and I got indefinite leave to remain (ILR) or Permanent residency (PR) in the UK our children were eligible to get British citizenship as they were born in the UK, so we register them as British Citizen and then received Registration Certificate as a British citizens.

                Indian constitution does allow dual citizenship for the minor and I want to know that will our children will qualify for dual citizenship.

                As per Consulate General of India in Birmingham, our children would have only been qualified for dual citizenship if one of the parent would have been British citizen or had ILR at the time of children’s birth as then they automatically become British citizen and child does not need to be registered as a British citizen but in our case we both were holding Tier 1 visa so our children were only Indian citizen at the time of birth and after getting our ILR we had to go through registration route to get British citizenship for our children which automatically cease their Indian citizenship as it was voluntarily acquired .


                I have some reference for below:

                Indian citizenship act 1955
                Citizenship Rules 1956
                Indian Passport Act
                Register as a British citizen


                Indian citizenship act 1955:-
                Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity".

                Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.
                Section 9(1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.


                Citizenship Rules 1956:-

                The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to have a U.S. passport in order to travel abroad). It does not matter that a person continues to hold an Indian passport. This rule seemingly even applies if the foreign nationality was automatically had from birth, and thus not voluntarily acquired after birth. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport. The prevailing practice at a number of British diplomatic posts, for example, is to impound and return to the Indian authorities the Indian passports of those applicants who apply for and are granted British passports.[2]

                Register as a British citizen:-

                www. gov.uk/register-british-citizen/born-in-uk-after-1983

                I need some clarification in this matter asap,

                Regards,

                Comment


                • #9
                  dual passports for Indian minors

                  Hi Wondering if anyone has had any success in getting 2 passports i.e. Indian and foreign for their minor child pursuant to provisions of Indian law?

                  many thanks
                  Shalini

                  Originally posted by its_nirvana View Post
                  I want some clarification on our situation. I want to find about the dual citizenship for our children.

                  We have two children and both were born in the UK and at the time my wife and I were on Tier 1 visa in the UK so our children were not eligible to become British citizenship due to our visa status. When my wife and I got indefinite leave to remain (ILR) or Permanent residency (PR) in the UK our children were eligible to get British citizenship as they were born in the UK, so we register them as British Citizen and then received Registration Certificate as a British citizens.

                  Indian constitution does allow dual citizenship for the minor and I want to know that will our children will qualify for dual citizenship.

                  As per Consulate General of India in Birmingham, our children would have only been qualified for dual citizenship if one of the parent would have been British citizen or had ILR at the time of children’s birth as then they automatically become British citizen and child does not need to be registered as a British citizen but in our case we both were holding Tier 1 visa so our children were only Indian citizen at the time of birth and after getting our ILR we had to go through registration route to get British citizenship for our children which automatically cease their Indian citizenship as it was voluntarily acquired .


                  I have some reference for below:

                  Indian citizenship act 1955
                  Citizenship Rules 1956
                  Indian Passport Act
                  Register as a British citizen


                  Indian citizenship act 1955:-
                  Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity".

                  Termination is covered in Section 9 of the Citizenship Act, 1955. The provisions for termination are separate and distinct from the provisions for making a declaration of renunciation.
                  Section 9(1) of the act provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India. Notably, the termination provision differs from the renunciation provision because it applies to "any citizen of India" and is not restricted to adults. Indian children therefore also automatically lose their claim to Indian citizenship if at any time after birth they acquire a citizenship of another country by, for example, naturalisation or registration — even if the acquisition of another citizenship was done as a result of actions by the child's parents.


                  Citizenship Rules 1956:-

                  The acquisition of another country's passport is also deemed under the Citizenship Rules, 1956 to be voluntary acquisition of another country’s nationality. Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents, and even if possession of such a passport is required by the laws of a foreign country which considers the child to be one of its citizens (e.g., a U.S.-born child of Indian parents who is automatically deemed to be a U.S. citizen according to U.S. law, and who is therefore required by U.S. law to have a U.S. passport in order to travel abroad). It does not matter that a person continues to hold an Indian passport. This rule seemingly even applies if the foreign nationality was automatically had from birth, and thus not voluntarily acquired after birth. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport. The prevailing practice at a number of British diplomatic posts, for example, is to impound and return to the Indian authorities the Indian passports of those applicants who apply for and are granted British passports.[2]

                  Register as a British citizen:-

                  www. gov.uk/register-british-citizen/born-in-uk-after-1983

                  I need some clarification in this matter asap,

                  Regards,

                  Comment


                  • #10
                    Written code in Indian constitution for minors to hold two passports?

                    I am an Indian origin and my wife is from South Korea, we live in Bangalore.
                    My daughters (5 years old and 3 and half years old) got their Indian Passport right after they were born. After inquiring from FRRO Bangalore and Immigration at airport we obtained Korean Passport later, as we were told that mixed marriage children can use both passports till they turn 18 years old (with 6 months of grace period). Hence, we used both passports for more than 5 years travelling abroad many times without any problem.

                    Now, we plan to surrender their Indian Passport and apply for OCI, nevertheless, to our surprise, the passport office demands us to pay penalty for using 2 passports. The question is, how is that Immigration permits but Passport Office considers it as illegal? The passport office will not listen saying they (FRRO/Immigration) are different office. How can there be different rules in the same country for such a big matter?

                    How do we prove to the passport office that using two passports for minors is allowed?
                    Since the interaction with immigration is verbal, and I got the recording of the conversation but nothing in written.

                    Desperately in need of help.

                    Comment


                    • #11
                      query regarding USA passport of minor--

                      if anyone can advise....my son is a minor and he is an American citizen by birth but after separation, I came to India with him and since then living here. Now, his passport is expired and my ex-is not supporting in any way to get his passport renewed.

                      I just need to know..if i get him an Indian passport, what will happen to his American passport?

                      Can I apply for his American passport again once he turn 18 or 21 years?


                      thanks

                      Comment


                      • #12
                        Originally posted by Meera2424 View Post
                        if anyone can advise....my son is a minor and he is an American citizen by birth but after separation, I came to India with him and since then living here. Now, his passport is expired and my ex-is not supporting in any way to get his passport renewed.

                        I just need to know..if i get him an Indian passport, what will happen to his American passport?

                        Can I apply for his American passport again once he turn 18 or 21 years?


                        thanks
                        First of all, as far as I know, Indian law regards obtaining a foreign passport as causing loss of Indian citizenship. So if that was a US passport that he used, he has already lost Indian citizenship, and cannot get an Indian passport unless he somehow regains it.

                        Your inability to get a US passport for him now is not due to a nationality issue but rather due to not getting parental consent from the other parent. There is a reason for that requirement, to prevent international child abduction. If the other parent is not involved in the child's life, maybe you can get sole custody from a court, or otherwise get a court order saying that you can apply for a passport for the child. That will allow you to get a passport for the child without the other parent's consent. I believe that Indian passports for minors also require parental consent from both parents.

                        His US citizenship is not affected by anything you do or he does when he is a child. US citizenship can only be lost with his personal intention to relinquish it, and this can only happen after he is at least 16 or so. As he will remain a US citizen, he will be able to get a US passport when he is an adult at any time.

                        This is my personal opinion and is not to be construed as legal advice.

                        Comment


                        • #13
                          Originally posted by CalebKent View Post
                          I am an Indian origin and my wife is from South Korea, we live in Bangalore.
                          My daughters (5 years old and 3 and half years old) got their Indian Passport right after they were born. After inquiring from FRRO Bangalore and Immigration at airport we obtained Korean Passport later, as we were told that mixed marriage children can use both passports till they turn 18 years old (with 6 months of grace period). Hence, we used both passports for more than 5 years travelling abroad many times without any problem.

                          Now, we plan to surrender their Indian Passport and apply for OCI, nevertheless, to our surprise, the passport office demands us to pay penalty for using 2 passports. The question is, how is that Immigration permits but Passport Office considers it as illegal? The passport office will not listen saying they (FRRO/Immigration) are different office. How can there be different rules in the same country for such a big matter?

                          How do we prove to the passport office that using two passports for minors is allowed?
                          Since the interaction with immigration is verbal, and I got the recording of the conversation but nothing in written.

                          Desperately in need of help.
                          Dear CalebKent . . . Did you get a solution to your issue? There is very little information on this matter. Were you able to discuss this matter with the consulate?

                          Comment


                          • #14
                            Apply at the consulate

                            Originally posted by Meera2424 View Post
                            if anyone can advise....my son is a minor and he is an American citizen by birth but after separation, I came to India with him and since then living here. Now, his passport is expired and my ex-is not supporting in any way to get his passport renewed.

                            I just need to know..if i get him an Indian passport, what will happen to his American passport?

                            Can I apply for his American passport again once he turn 18 or 21 years?


                            thanks
                            You can apply for US passport at the US consulate in India. Explain your situation. You should be able to get his US passport.

                            My advice would be not to get Indian passport; just get/renew OCI. This will be much easier for him in future.

                            Comment


                            • #15
                              dual passport

                              Originally posted by newacct View Post
                              First of all, as far as I know, Indian law regards obtaining a foreign passport as causing loss of Indian citizenship. So if that was a US passport that he used, he has already lost Indian citizenship, and cannot get an Indian passport unless he somehow regains it.

                              Your inability to get a US passport for him now is not due to a nationality issue but rather due to not getting parental consent from the other parent. There is a reason for that requirement, to prevent international child abduction. If the other parent is not involved in the child's life, maybe you can get sole custody from a court, or otherwise get a court order saying that you can apply for a passport for the child. That will allow you to get a passport for the child without the other parent's consent. I believe that Indian passports for minors also require parental consent from both parents.

                              His US citizenship is not affected by anything you do or he does when he is a child. US citizenship can only be lost with his personal intention to relinquish it, and this can only happen after he is at least 16 or so. As he will remain a US citizen, he will be able to get a US passport when he is an adult at any time.

                              Indian law does not regards obtaining a foreign passport as causing loss to Indian Citizenship. Check links https://indiancitizenshiponline.nic....enshipact1.htm , Termination of citizenship section. It allow for panel to decide.

                              The notation that foreign passport will automatically amount to termination of citizenship is old. There has been law change as explained in article here https://www.thehindu.com/opinion/op-...cle6410184.ece

                              - - - Updated - - -

                              Originally posted by CalebKent View Post
                              I am an Indian origin and my wife is from South Korea, we live in Bangalore.
                              My daughters (5 years old and 3 and half years old) got their Indian Passport right after they were born. After inquiring from FRRO Bangalore and Immigration at airport we obtained Korean Passport later, as we were told that mixed marriage children can use both passports till they turn 18 years old (with 6 months of grace period). Hence, we used both passports for more than 5 years travelling abroad many times without any problem.

                              Now, we plan to surrender their Indian Passport and apply for OCI, nevertheless, to our surprise, the passport office demands us to pay penalty for using 2 passports. The question is, how is that Immigration permits but Passport Office considers it as illegal? The passport office will not listen saying they (FRRO/Immigration) are different office. How can there be different rules in the same country for such a big matter?

                              How do we prove to the passport office that using two passports for minors is allowed?
                              Since the interaction with immigration is verbal, and I got the recording of the conversation but nothing in written.

                              Desperately in need of help.
                              I have same concern so lets create a group to get legal advice. I can contribute to legal fee. I was thinking of Anil Malhotra based upon article https://www.thehindu.com/opinion/op-...icle6410184.ec

                              PM if you are interested

                              Comment

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