ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

British passport delivered to India- does he need Indian visa now to stay in India

Please post country topics not listed elsewhere.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

Post Reply
sri7
Newbie
Posts: 38
Joined: Sat Apr 07, 2018 7:51 pm
India

British passport delivered to India- does he need Indian visa now to stay in India

Post by sri7 » Fri Dec 27, 2019 1:31 pm

My dear experts please help me.
Our son was born in the United Kingdom. He was issued an Indian passport by high commission of india,London as he is not a UK citizen by birth. He arrived in India on December 6th 2018 with Indian passport and is currently in Tirupathi, India under my parents care.
Last week my son got his British passport delivered to India. So currently he is holding both Indian & British passports and our intention is to keep our son in India for next 6 months.
We would like to know whether we have to apply an Indian visa/OCI for my son [Personal details deleted by Moderator] as he is now holding both Indian as well as British passport.
If he don't require any visa/OCI,is he legitimate to stay in India for next 6 months.
I would really appreciate if you could please kindly let us know as soon as possible.
Hope to hear from you soon.
Thank you.

secret.simon
Moderator
Posts: 7494
Joined: Thu Feb 21, 2013 9:29 pm

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by secret.simon » Fri Dec 27, 2019 1:39 pm

As that is a matter for Indian law, rather than British citizenship law, moved to the Other Countries forum.

Also, please do not post personal details on these forums. Spammers and fraudsters can also access these forums and can adversely use personal data.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

jojo001
Junior Member
Posts: 59
Joined: Mon Dec 09, 2019 12:19 pm

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by jojo001 » Sun Dec 29, 2019 2:37 pm

You have two options.

To be completely legal you should ideally be surrendering Indian passport and applying for OCI .
But with you not being there it's going to be very complex.

What my relative did in similar situation ( her son had an Indian passport with ILR) was to fly back on the indian passport and then surrendered the Indian passport after she returned to the UK.

There was a £100 or £200 penalty for travelling on Indian passport beyond permitted time (3 months) after acquiring foreign nationality.. This was collected when they had to surrender his passport before they applied for OCi.

But considering that they did not have time to go to India to sort out paperwork and was not able to get elderly parents to do it it was worth it.

Remember not to use the British passport till arrival at UK immigration when the child comes back..

Once again this may not be legal so please do your own diligence. I am only saying about what someone else did in similar situation

sri7
Newbie
Posts: 38
Joined: Sat Apr 07, 2018 7:51 pm
India

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by sri7 » Tue Dec 31, 2019 1:09 pm

Thank you for the reply. However, in my sons case he don't hold any UK visa.

1. can i bring him to UK using british passport( using at both Indian immigration & UK immigration)
2. then we go to Indian embassy and surrender his passport and get a Indian visa to travel back to India ?

Does he need anything else to come to UK apart from British passport?

Thank you.

sri7
Newbie
Posts: 38
Joined: Sat Apr 07, 2018 7:51 pm
India

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by sri7 » Tue Dec 31, 2019 1:10 pm

Also as you mentioned 3 months. So my son got 3 months times to surrender Indian passport? Thank you.

jojo001
Junior Member
Posts: 59
Joined: Mon Dec 09, 2019 12:19 pm

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by jojo001 » Tue Dec 31, 2019 2:17 pm

sri7 wrote:
Tue Dec 31, 2019 1:09 pm
Thank you for the reply. However, in my sons case he don't hold any UK visa.

1. can i bring him to UK using british passport( using at both Indian immigration & UK immigration)
2. then we go to Indian embassy and surrender his passport and get a Indian visa to travel back to India ?

Does he need anything else to come to UK apart from British passport?

Thank you.

You cannot enter and exit on different passports . You are in a difficult situation as your child doesnt have paperwork to come back on indian passport alone.

As far as I can see you will have to legalise his staying India before he comes back .

PS: many people acquire foreign nationality even while staying in india and they surrender Indian passport there and get OCI and stay there..

jojo001
Junior Member
Posts: 59
Joined: Mon Dec 09, 2019 12:19 pm

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by jojo001 » Tue Dec 31, 2019 2:24 pm

Your best way is to speak to the local FRRO office .
A friends child was born in India and then got a British passport and they have him a permit to exit india.

But your case is not the same .

You will need some sort of legal paper work to leave India and come to UK (leaving india being the bigger issue)

Also the 3 month relaxation to hold both starts from date of naturalisation and not from date when passport was issued.

It worked in the case I said because the child had ilr already on the Indian passport.

Your situation is more complex which is why you should contact the FRRO

sri7
Newbie
Posts: 38
Joined: Sat Apr 07, 2018 7:51 pm
India

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by sri7 » Tue Dec 31, 2019 2:37 pm

FRRO HYDERABAD via nic.in
Mon, Dec 30, 6:35 AM (1 day ago)

to me

Dear Ma'am/Sir,

Since he is a minor, he can keep both the passports and travel to UK, until he attains the age of 18 years.
--------------------

FRRO,

I have got this reply from FRRO. They said to me that my son can hold both passports. What should do in this situation. please kindly help me.

Thank you.

jojo001
Junior Member
Posts: 59
Joined: Mon Dec 09, 2019 12:19 pm

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by jojo001 » Tue Dec 31, 2019 2:43 pm

Was not aware of that. Would suggest that you clarify this with the airline as well before travelling back..

User avatar
CR001
Moderator
Posts: 69717
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by CR001 » Tue Dec 31, 2019 2:44 pm

That rule only applies to children born to a British and an Indian citizen parents and the child is automatically both nationalities. It does not apply when you have voluntarily registered the child as British on form MN1.

Your child lost his Indian citizenship automatically on the date of willful registration as British, ie the date on the registration certificate.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sri7
Newbie
Posts: 38
Joined: Sat Apr 07, 2018 7:51 pm
India

Re: British passport delivered to India- does he need Indian visa now to stay in India

Post by sri7 » Tue Dec 31, 2019 2:49 pm

Thank you for the response. Is it the same even if i want to bring my son to UK next week?

Post Reply
cron