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Are you a minor, Indian by descent and also foreign citizen?

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geriatrix
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A minor, Indian by descent and foreign citizen by birth?

Post by geriatrix » Fri Nov 30, 2012 6:21 pm

Interested more in retaining Indian citizenship than in having a British passport? Read on ....

This document regarding Indian citizenship Act and uploaded on the MHA India website (see page 5), and this webpage of the MHA India website desribe the requirements for acquisition of Indian citizenship by descent:
Section 4 -> Indian Citizenship by descent wrote:(1) A person born outside India shall be a citizen of India by descent,-
  • (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or
    (b) on or after the 10th day of December,1992, if either of his parents is a citizen of India at the time of his birth:
Provided that if the father of a person referred to in clause (a) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-
  • (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or
    (b) his father is, at the time of his birth, in service under a Government in India:
Provided further that if either of the parents of a person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-
  • (a) his birth is registered at an Indian consulate within one year of its occurrence or on or after the 10th day of December, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or
    (b) either of his parents is, at the time of his birth, in service under a Government of India:
Provided also that on or after the commencement of the Citizenship (Amendment) Act, 2003, a person shall not be a citizen of India by virtue of this section, unless his birth is registered at an Indian consulate in such form and in such manner, as may be prescribed,-
  • (i) within one year of its occurrence or the commencement of the citizenship (Amendment) Act, 2003, whichever is later; or
    (ii) with the permission of the Central Government, after the expiry of the said period:
Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.
The same document and webpage then state the following for a minor who is an Indian citizen by descent:
(1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country will cease to be a citizen of India if he does not renounce the citizenship or nationality of another country within six months of attaining full age.
As per my understanding, it essentially means that:
1. a minor who is a foreign national by birth and also an Indian citizen by descent is allowed to retain Indian citizenship until he/she reaches the age of 18 years 6 months, and
2. if such a person (after attaining full age) wishes to retain Indian citizenship then the person must renounce his foreign citizenship within 6 months attaining full age.


Now, it is also important to note that the law also states the following condition:
Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country
In other words, a minor who holds a foreign passport cannot be registered as an Indian citizen by descent. In other words, applying for a British passport before registering the child as an Indian citizen by descent is something that should be avoided if the minor wishes to register as an Indian citizen.

Instead of applying for British passport, apply for Indian citizenship -> Indian passport -> certificate of entitlement (CoE) to right of abode (RoA) from UKBA.
This will enable:
1. The minor to retain and use Indian passport for identity purposes, travel and right to visit / stay in India.
2. The minor to travel to UK (as a British citizen) and stay in UK without any immigration time restrictions.

This approach may be particularly useful if the such child(ren) intend to return to India and settle there before attaining full age.

The downside of this approach, that I can think of, are:
1. A fresh application for RoA will have to be made every time the Indian passport is renewed.
2. Since the approach will work only if the child does not apply for British passport, the minor will not benefit from the travel benefits that come with a British passport (e.g. - visa free travel to countries that allow it).
3. The minor will not benefit from British counselor support in India (and perhaps in other countries too).


I don't know if HCI London will have a competent person to verify if the above is possible or not but there is no harm in trying. It is quite possible the staff may well be aware whether the approach above is doable and under what circumstances. Alternatively, I strongly suggest that you double-check this with a lawyer competent in Indian immigration and citizenship law(s).
Last edited by geriatrix on Wed Aug 21, 2013 10:21 pm, edited 2 times in total.
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vinny
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Post by vinny » Tue May 14, 2013 1:43 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Post by vinny » Fri Aug 09, 2013 4:18 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Posts: 28544
Joined: Tue Sep 25, 2007 7:58 pm

Re: Are you a minor, Indian by descent and also foreign citi

Post by vinny » Tue Feb 04, 2014 10:03 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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