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Can my son travel to UK?

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daisy_flowerworld
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Can my son travel to UK?

Post by daisy_flowerworld » Wed Jun 12, 2019 5:42 am

My son received his British Passport in India in December 2018 i,e. when he was 12 years old.

Now we are going to London this month and I want to know if there is any process required or will there be any trouble when we go through immigration?

We talked in the government office (FRRO) in India and they said that as the son is a minor, he can use both passports, ie, when travelling to India from the UK he can use Indian passport and vice versa.

Please let me know as soon as possible.

Thank you in advance for your help n time.

daisy_flowerworld
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Re: Can my son travel to UK?

Post by daisy_flowerworld » Wed Jun 12, 2019 6:55 am

Also, Mother is an Indian passport holder and father is a British national.

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marcnath
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Re: Can my son travel to UK?

Post by marcnath » Wed Jun 12, 2019 8:51 am

Is there any reason why you want to use different passports on the same trip ?
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

daisy_flowerworld
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Re: Can my son travel to UK?

Post by daisy_flowerworld » Wed Jun 12, 2019 9:59 am

No no, I just want to use the British Passport. But the government official said that when I am going to the UK I shall use the UK passport and when coming to India use the Indian passport as the child is a minor and does not require any formalities.

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marcnath
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Re: Can my son travel to UK?

Post by marcnath » Wed Jun 12, 2019 11:19 am

daisy_flowerworld wrote:
Wed Jun 12, 2019 9:59 am
No no, I just want to use the British Passport. But the government official said that when I am going to the UK I shall use the UK passport and when coming to India use the Indian passport as the child is a minor and does not require any formalities.
India does not have dual citizenship but I am not absolutely certain whether it will apply for a child (I don't see why not). I preferred to stick to my daughter's foreign passport once she got her's.

I also don't think it will reduce formalities. The Indian immigration will look for the outbound stamp and will be asking questions when they can't find it in the Indian passport. If you use the Indian passport when leaving, they will need to see the visa. So, I think at the end of the day, even if technically possible, you are likely to end up having to do a lot of explanations.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Can my son travel to UK?

Post by CR001 » Wed Jun 12, 2019 11:20 am

marcnath wrote:
Wed Jun 12, 2019 11:19 am
daisy_flowerworld wrote:
Wed Jun 12, 2019 9:59 am
No no, I just want to use the British Passport. But the government official said that when I am going to the UK I shall use the UK passport and when coming to India use the Indian passport as the child is a minor and does not require any formalities.
India does not have dual citizenship but I am not absolutely certain whether it will apply for a child (I don't see why not). I preferred to stick to my daughter's foreign passport once she got her's.

I also don't think it will reduce formalities. The Indian immigration will look for the outbound stamp and will be asking questions when they can't find it in the Indian passport. If you use the Indian passport when leaving, they will need to see the visa. So, I think at the end of the day, even if technically possible, you are likely to end up having to do a lot of explanations.
Indian born children under 18 who are born to one British and one Indian parent gets both nationalities and has to decide at 18 which to keep.
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joeano353
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Re: Can my son travel to UK?

Post by joeano353 » Wed Jun 12, 2019 8:40 pm

If you are doing this to avoid applying for an Indian visa dont. In any case you would be applying for the child's OCI so it would be irrelevant. You would require departure clearance if you dont apply for OCI. You would need UK visa on the Indian passport to leave the country or the airline would not let you board.

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Re: Can my son travel to UK?

Post by Nerazzuri » Thu Jun 13, 2019 4:09 pm

joeano353 wrote:
Wed Jun 12, 2019 8:40 pm
If you are doing this to avoid applying for an Indian visa dont. In any case you would be applying for the child's OCI so it would be irrelevant. You would require departure clearance if you dont apply for OCI. You would need UK visa on the Indian passport to leave the country or the airline would not let you board.
But the child IS entitled to BOTH passports till 18. Can you explain why a British passport will not be acceptable to an airline to board a UK-bound flight?

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Re: Can my son travel to UK?

Post by joeano353 » Thu Jun 13, 2019 4:14 pm

I assuming she does not want to apply for an exit visa from India. This is if she has not obtained a resident permit on her UK passport, or OCI If the UK passport does not have an exit visa she will not be allowed to board. I see no other reason to leave India on a British passport and return on an Indian passport.

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marcnath
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Re: Can my son travel to UK?

Post by marcnath » Thu Jun 13, 2019 4:22 pm

Nerazzuri wrote:
Thu Jun 13, 2019 4:09 pm
joeano353 wrote:
Wed Jun 12, 2019 8:40 pm
If you are doing this to avoid applying for an Indian visa dont. In any case you would be applying for the child's OCI so it would be irrelevant. You would require departure clearance if you dont apply for OCI. You would need UK visa on the Indian passport to leave the country or the airline would not let you board.
But the child IS entitled to BOTH passports till 18. Can you explain why a British passport will not be acceptable to an airline to board a UK-bound flight?
I'll let Jeano answer that as I can't see any reason why it would be unacceptable.

However I am not sure about entitlement. Passports are never a right, they are a privilege.
Citizenship is a right and the child has a right to both citizenship until 18.
This was a long time back but I was told my daughter would not be able to renew her Indian passport once she had the foreign passport. In fact for our first visit back, we applied for a visa for her and later took the PIO.

I can also foresee a complication if your child boards from India on British passport. The airline has that against his profile and using a different passport for return may again raise questions.
It may all be possible but complex anyway.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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Re: Can my son travel to UK?

Post by joeano353 » Thu Jun 13, 2019 4:39 pm

In my opinion you can enter/depart a country on one passport. So if you show your UK passport to leave you have to have a right to leave the country. If there is no departure visa on the newly issued passport the child will not be allowed to leave. If they show their Indian passport you would require a UK visa. You cannot say I can enter the UK because I'm British but I'm leaving India without completing Indian immigration formalities because I'm Indian. BTW even when a duplicate passport is issued due to loss or damage, one requires an exit visa in India.

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Re: Can my son travel to UK?

Post by Nerazzuri » Thu Jun 13, 2019 4:58 pm

Another country that allows dual citizenship and does passport checks entering and exiting the country is Nigeria. The accepted procedure is:

- Show your British passport to the airline to show that you have a legal right of entry on arrival in the UK.

- When you get to Nigerian immigration on your way out, you show BOTH passports. They stamp your Nigerian passport showing that you're leaving the country, and they see with your UK passport that you have the right to enter the UK.

- When you get to the UK, you only present your UK passport.

The only time you ever require a Nigerian visa on your UK passport to exit the country is if you arrive at the airport and your Nigerian passport is expired. In that case, they make you pay for a visa on your UK passport to stamp and exit the country on the UK passport.

I'm suggesting the same process operates in India. I'm just suggesting it's not necessarily the case that one must always get a visa, so it's well worth the thread OP getting accurate information on India's requirements.

joeano353
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Re: Can my son travel to UK?

Post by joeano353 » Thu Jun 13, 2019 7:25 pm

Nerazzuri wrote:
Thu Jun 13, 2019 4:58 pm
Another country that allows dual citizenship and does passport checks entering and exiting the country is Nigeria. The accepted procedure is:

- Show your British passport to the airline to show that you have a legal right of entry on arrival in the UK.

- When you get to Nigerian immigration on your way out, you show BOTH passports. They stamp your Nigerian passport showing that you're leaving the country, and they see with your UK passport that you have the right to enter the UK.

- When you get to the UK, you only present your UK passport.

The only time you ever require a Nigerian visa on your UK passport to exit the country is if you arrive at the airport and your Nigerian passport is expired. In that case, they make you pay for a visa on your UK passport to stamp and exit the country on the UK passport.

I'm suggesting the same process operates in India. I'm just suggesting it's not necessarily the case that one must always get a visa, so it's well worth the thread OP getting accurate information on India's requirements.
Nigeria is not the norm in this world. She is Indian and Marcnath is Indian. He certainly knows there are complications. I am aware myself. Nigeria allows dual nationality. India does not and is restricted to under 18s with further caveats. Also do not suggest comparing oranges with apples. Of course I am not an immigration specialist and I could be wrong. Giving your example is good. Even though an official in the Govt FRRO suggested it, I would be very apprehensive. It could mean missing the flight and losing the cost of the ticket. It is her choice if she wants to try the Nigerian method. I was only recommending a safe method. The decisions are all dependent on individual immigration officers and if its your bad day you could have a lot of trouble.

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Re: Can my son travel to UK?

Post by joeano353 » Thu Jun 13, 2019 7:31 pm

BTW I note that the OP has not clarified anything. She is an old member here and she does maintain as much secrecy with cryptic questions. We should not get into arguments. Just give your opinion and let her decide. The OP is very particular in her privacy which we should not invade.

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