Birth outside India on or after 3 December 2004
4.3 Any child born outside India to an Indian parent on or after 3 December 2004 will
continue to be eligible for Indian citizenship on the same basis as 4.1 & 4.2 above.
4.4 However acquisition of Indian citizenship will not be automatic. These
children will not become Indian citizens unless and until the child’s birth is registered
at an Indian Consulate (by virtue of S.4 of the Citizenship (Amendment) Act 2003,
which came into force on 3 December 2004).
4.5 When considering cases where a child potentially has a route to Indian
citizenship via registration we should ask for evidence that the child has not been
5.1 If an adult makes a declaration of renunciation of Indian citizenship, any minor
child of that person also loses Indian citizenship from the date of renunciation.
6. Dual nationality
6.1 Indian citizenship cannot normally be held in combination with any other
citizenship. Section 9 of the 1955 Act provides that
"Any citizen of India who by naturalisation, registration or otherwise voluntarily
acquires.....the citizenship of another country..... shall, upon such acquisition,.....
cease to be a citizen of India".
6.2 This means that no adult (18 and over) can hold Indian citizenship in conjunction
with any other nationality or citizenship. This applies irrespective of whether the
person holds any passports (either Indian or that of their other nationality/citizenship).
6.3 Further, if an Indian minor obtains another nationality or citizenship (for example
by registration as a BN(O)) the child will automatically lose its Indian citizenship. This
applies even where the registration is made by the parents/guardian on behalf of the
6.4 The only exception to this general ban on dual citizenship is where a child is a
dual national by birth. In such cases that child can remain a dual citizen until either:
a. they obtain a passport in their other citizenship (while under the age of 18); or
b. they reach the age of majority (18)
6.5 If a child who is a dual national by birth fails to renounce their other citizenship
prior to reaching the age of majority or acquires a passport in their other nationality
before reaching the age of 18 they will lose Indian citizenship.
7. Indian Overseas Citizenship
7.1 The Citizenship (Amendment) Act 2003 introduced a new status, Overseas
Citizenship of India (OCI), which can be held in combination with any other
citizenship (excluding Pakistani and Bangladeshi citizenship)
7.2 The scheme was formally launched on 2 December 2005 and acquisition is by
application only. (The Citizenship (Amendment) Act 2003 introduced the necessary
7.3 OCI will only be granted if the laws of the country of the applicant "home country"
also permit dual citizenship.
Eligibility for OCI
7.4 Any foreign national (except those who are or have been citizens of Pakistan and
a. Was eligible to become or was a citizen of India on, or at anytime after 26 January
1950 (see paragraph 3 above and Indian MHA website - http://www.mha.nic.in/ocifaq
b. Belonged to a territory that became part of India after 15 August 1947; or
c. Is the child or grandchild of a person described at a. or b. above.
7.5 For the purposes of British nationality law, OCI is considered to be citizenship of
another State. This will be relevant where British law requires the person to be
stateless (as, for example, in Schedule 2 to the British Nationality Act 1981) or to
have no citizenship or nationality apart from a qualifying form of British nationality
(as, for example, in s.4B to the 1981 Act). In these cases, confirmation of nonacquisition
of OCI should be sought where the applicant appears to satisfy the
criteria in paragraph 7.4 above.