When is sworn affidavit for minor indian passprt required

I understand that a Sworn Affidavit for issuance of passport to a minor child residing in India is required if one or both parents are resident abroad.

However can someone guide me whether the affidavit is required even if the parent is usually resident abroad but is in India at the time of the child's passport application.

The scenario is per below

1. Father is a Naturalised British Citizen and resident of UK and has a British passport and surrendered Indian passports.
2. Mother is on a dependant visa and is in India for delivery of the baby and passport application
3. Spouses names are endorsed in each of their passports. However obviously fathers passport is now cancelled since he has a British passport and surrendered the Indian passport.
4. Father is also in India at the time of child's passport application

Can someone guide me if the sworn affidavit is required if both the father and mother are present in India at the time of the passport application?

Can someone guide me whether the "A confirmation of non acquisition of BC " certificate is required to support a childs Indian passport application form in case

- The child was born in India
- Has never been to the UK
- Passport application is being made in India
- Father is a naturalised British citizen before birth of the child [and hence child is a british citizen by descent]
- Mother holds a dependant british visa

Does any know if form NQ is also required if the child is born in India and we are applying for the childs first passport in India?

The father is a naturalised british citizen prior to childs birth.

I can only see the need for the form NQ listed in the high commission of India, UK website. This is not listed as document on the indian passport website (passportindia.gov.in)

Technically,
If the mother has spent less than 183 days in India preceding the child's passport application then the mother is "visiting" India for the birth of the child.
The father is "visiting" India for the birth of the child.
In such case, both parents are "residents" of UK "visiting" India.

But I guess there may be some workaround solutions to this, that members who have been in the same situation can guide you about.


IMHO, how can a British citizen (by descent in this case) be issued a "confirmation of non-acquisition of British citizenship"? He is British (by descent) automatically. In your case, it is not required because your child is Indian by birth. NQ is usually required when the child is Indian by descent (born in UK).

Thanks Sushdmehta.

The question indeed is whether the affidavit is needed only if the parent is not physically present at the time of application or is always needed if he is not a "resident" of India and is merely visiting India during the time of application.

Can anyone guide me on this?

Additionally I had a question on what annexures need to be submitted with the childs application. Especially how annexure H is worded which needs to be submitted with the childs passport.

Annexure H is to be signed by both parents if both are giving consent for the application. However the last clause on the annexure states that both have a valid India passport. This statement will be untrue for the father who has surrendered his Indian passport.

What annexures/affidavits are required in such a case where the father has acquired british citizenship and has surrendered his Indian passport but both parents are present in India to give consent at the time of the passport application.

Is the best option in such a case to go for Annexure G (consent of only one parent) + Sworn in affidavit from HCI London (proving sign of other parent cannot be provided because he is away)?

Has anyone been in such a situation and applied for the childs Indian passport in India who can guide me.

Read the "Instructions Booklet" available on the Passport Seva website.

I did go through this earlier and this was seemed relevant to the case in terms of what documents are needed

3
Either/ Both parent(s) resident abroad:
(i) 1 (of parents or Legal Guardian if both parents are resident abroad), 2, 20, 27 (with spouse name endorsed)
(ii) 51 ( signed by the parent or the legal guardian) or 50 (one parent not given consent)

where 20 is the sworn affidavit and 51 is annexure H (which I guess only parent needs to sign in this case).

I wanted to check if there is any of not needing the sworn affidavit if the father was also in India at the time of application.

The only way I could think was this case

Either/ Both parent(s) hold a valid Passport with spouse name endorsed
(i) 1 (of parents), 2, 27 (with spouse name endorsed)
(ii) 51 (signed by both parents) or 50 (one parent not given consent)

and then provide 50 (which is annexure G - one parent not given consent) since 51 cannot be provided as consent by both father and mother since father does not possess valid India passport.

A bit complicated to explain but its a bit clearer what I am trying to say.

Any thoughts anyone?

chiku1980 wrote:I did go through this earlier and this was seemed relevant to the case in terms of what documents are needed

3
Either/ Both parent(s) resident abroad:
(i) 1 (of parents or Legal Guardian if both parents are resident abroad), 2, 20, 27 (with spouse name endorsed)
(ii) 51 ( signed by the parent or the legal guardian) or 50 (one parent not given consent)

where 20 is the sworn affidavit and 51 is annexure H (which I guess only parent needs to sign in this case).

I wanted to check if there is any of not needing the sworn affidavit if the father was also in India at the time of application.

The only way I could think was this case

Either/ Both parent(s) hold a valid Passport with spouse name endorsed
(i) 1 (of parents), 2, 27 (with spouse name endorsed)
(ii) 51 (signed by both parents) or 50 (one parent not given consent)

and then provide 50 (which is annexure G - one parent not given consent) since 51 cannot be provided as consent by both father and mother since father does not possess valid India passport.

A bit complicated to explain but its a bit clearer what I am trying to say.

Any thoughts anyone?

Hi Chiku,

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