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Dual passport For Indian Children below 18 Years

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nani9
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Dual passport For Indian Children below 18 Years

Post by nani9 » Wed Jul 24, 2019 8:57 am

Hi Everyone

Holding two passports Indian and British

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

My daughter was born in the UK and at the time my wife and I were on Tier 1 visa in the UK so my daughter was not eligible to become British citizenship due to our visa status. When I got indefinite leave to remain (ILR) in the UK and my daughter was eligible to get British citizenship as she was born in the UK, so we register her as British Citizen and then received Registration Certificate as a British citizen then after applied for British passport we had received British passport couple of days ago.

1) Indian constitution does allow dual citizenship for the minor and I want to know that my daughter will qualify for dual citizenship up to 18 years age or
2) we will surrender Indian passport and apply for OCI

Thank you very much in advance

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CR001
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Re: Dual passport For Indian Children below 18 Years

Post by CR001 » Wed Jul 24, 2019 9:07 am

1. No she does not. The dual nationality applies to a child born to parents where one is British and one is Indian at the time of childs birth. The child then chooses which nationality to keep when turning 18. As you have willfully and purposefully applied to register the child as a British citizen, this does not apply to her. She cannot hold both nationalities/passports.

2. Likely the only option you have.
Char (CR001 not Casa)
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secret.simon
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Re: Dual passport For Indian Children below 18 Years

Post by secret.simon » Wed Jul 24, 2019 11:43 am

nani9 wrote:
Wed Jul 24, 2019 8:57 am
1) Indian constitution does allow dual citizenship for the minor and I want to know that my daughter will qualify for dual citizenship up to 18 years age
Firstly, that is Indian law (Citizenship Act 1955), not the Indian constitution and secondly, that only applies if the child is born with multiple citizenships. If the child is born with Indian citizenship, but then subsequently applies (or their parents apply on their behalf) for another citizenship, then they automatically lose their Indian citizenship, just like an adult doing the same.

As CR001 has advised, OCI is your only option now.
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.

nani9
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India

Re: Dual passport For Indian Children below 18 Years

Post by nani9 » Thu Jul 25, 2019 2:57 pm

Thank you very much for your replies-secret.simon and CR001

I sent an email to FRRO office India they replied back as minor kids are allowed to keep both passports

CR001- Please clarify the below statement just confused with it.

"The dual nationality applies to a child born to parents where one is British and one is Indian at the time of childs birth".

If child born to parents where one is British and one is Indian at the time of childs birth then the child will automatically register as British, how they are allowed for dual nationality/passports

Apologies if we've missed something, but some clarification would be much appreciated!

Thank you very much in advance.

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Re: Dual passport For Indian Children below 18 Years

Post by CR001 » Thu Jul 25, 2019 3:41 pm

nani9 wrote:
Thu Jul 25, 2019 2:57 pm
Thank you very much for your replies-secret.simon and CR001

I sent an email to FRRO office India they replied back as minor kids are allowed to keep both passports

CR001- Please clarify the below statement just confused with it.

"The dual nationality applies to a child born to parents where one is British and one is Indian at the time of childs birth".

If child born to parents where one is British and one is Indian at the time of childs birth then the child will automatically register as British, how they are allowed for dual nationality/passports

Apologies if we've missed something, but some clarification would be much appreciated!

Thank you very much in advance.
A child born to a British parent and an Indian parent does NOT register as British, they are automatically British and Indian.
Your daughter was not born British, so the law you are referring to does not apply.

The FRRO gives has given the same incorrect advice to some members on the forum. It all depends how you ask your question. Either that or they do not actually understand fully what it is you are asking.
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CR001
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Re: Dual passport For Indian Children below 18 Years

Post by CR001 » Thu Jul 25, 2019 3:47 pm

See topic below and the extensive research done by secret.simon in the last post.

other-countries/frro-confirmation-that- ... l#p1612127
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.

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