Is it valid to have ‘right of abode’ after the child turns 18

The child was born in uk to a ILR father having Indian citizenship, and the child has COE - ROA on its Indian passport

When the child turns 18, does the child need to surrender ‘CoE - ROA’ or she can continue to have it along with the Indian (passport) citizenship?

If the child after 18 continues to have ‘Coe-RoA’ doesnt the child violate dual citizenship law as below.

the Basis of the question is as per Indian citizenship law, dual citizenship is not allowed.
The child is granted ‘Coe-Roa’ in first place because the child is british citizen by birth.

please can someone suggest on the above

The child is automatically British. The CoE-RoA is just evidence of a right of abode.

Thanks Vinny

So the child after attaining 18 years does not need to surrender ‘COE ROA’ in order to retain Indian citizenship?

Indian law (not British law) requires that the child born to Indian parents abroad and having multiple citizenship must choose which citizenship s/he wishes to retain, within six months of turning 18.

If s/he does not renounce any foreign nationality within that timeframe, their Indian citizenship automatically lapses.

See Section 4(1A) of the (Indian) Citizenship Act 1955.

(1A) A minor who is a citizen of India by virtue of this section and is also a citizen of any other country shall 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.

So, the child will have two choices when s/he turns 18.

a) Renounce British citizenship (which also includes Right of Abode). The child would no longer be a British citizen and would not have the Right of Abode in the UK.

b) Renounce/allow Indian citizenship to terminate. The child would remain a British citizen and would need to apply for a British passport as their Indian passport (which would contain their Right of Abode certificate) would no longer be valid.

Thanks a lot Simon.
If the child wants to retain Indian citizenship after 18 years but only has ‘Coe-RoA’ until that time

So operationally how british citizenship can be renounced?

1, there is a way directly to renounce british citizenship having only ‘ coe-Roa ‘ without having to apply British passport

Or

2, the child need to apply ‘British passport’ first then renounce british citizenship using British passport

If it is only second option available to renounce British citizenship then at the point applying /receiving British passport then Indian citizenship would have been lapsed

Please can you suggest.

You should think carefully. Renouncing British citizenship will not give the child any rights to stay in the UK. They would be classed as a foreign national with no right to remain. They would have to leave the UK and find a visa they qualify for to live here.

achukar wrote: ↑

Sat Sep 14, 2019 12:09 pm

So operationally how british citizenship can be renounced?

Give up (renounce) British citizenship or nationality .