Indian passport for Child born in India to British Parents(both), both holding first generation OCI card

Hello Helpful Members,
Hope you all are great & keeping safe..

I have a particular question regarding possibility to obtain Indian citizenship for
a child born in India to British parents (both of them are naturalised British citizens & holding valid British passports at the time of child's birth)
Both parents were Indian citizen by birth & now hold Valid OCI cards.

So, in this situation, is there any way to obtain Indian passport for the child?
Has anybody managed to obtain it, in such scenario?
And if yes, what supporting documents needs to be submitted.

Kindly advise

Cheers,

Child is British by birth. Child could only be an Indian citizenship if born to an Indian citizen parent. Neither parent is an Indian citizen.

CR001 wrote: ↑

Fri Apr 17, 2020 6:27 am

Child is British by birth. Child could only be an Indian citizenship if born to an Indian citizen parent. Neither parent is an Indian citizen.

Yes. Child is British citizen .
But here I would like to find out, if child will be able to obtain Indian passport, as being born in India, to parents holding valid OCI cards at the time of birth.

Please advise.

No, as neither parent is a full Indian citizen.

Child can apply for OCI same as parents once the child has a British passport.

CR001 wrote: ↑

Fri Apr 17, 2020 12:26 pm

No, as neither parent is a full Indian citizen.

Child can apply for OCI same as parents once the child has a British passport.

So there's no scope to obtain Indian passport for the child?
Even though parents have valid OCIs, Indian birth certificate & other supporting stuff like Aadhar and local address proof etc.
Still, if Indian passport application is made & if it gets rejected.
Will it impact on future OCI application for the child?

Thanks a lot for quick responses.Much appriciated

@CR001, I am seriously impressed. You know your Indian citizenship law quite well.

@Bobthemoggie, Indian citizenship law (specifically Section 3(1)(c) of the (Indian) Citizenship Act 1955, as amended) grants Indian citizenship to children born in India

(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,

Note that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.

@secret.simon
Thanks for your response.
Yes child is born in India.
So in that case is there any scope to get Indian passport for the child?
Thanks

secret.simon wrote: ↑

Fri Apr 17, 2020 7:05 pm

@CR001, I am seriously impressed. You know your Indian citizenship law quite well.

@Bobthemoggie, Indian citizenship law (specifically Section 3(1)(c) of the (Indian) Citizenship Act 1955, as amended) grants Indian citizenship to children born in India

(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,

Note that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.

Bobthemoggie wrote: ↑

Fri Apr 17, 2020 7:51 pm

@secret.simon
Thanks for your response.
Yes child is born in India.
So in that case is there any scope to get Indian passport for the child?
Thanks

secret.simon wrote: ↑

Fri Apr 17, 2020 7:05 pm

@CR001, I am seriously impressed. You know your Indian citizenship law quite well.

@Bobthemoggie, Indian citizenship law (specifically Section 3(1)(c) of the (Indian) Citizenship Act 1955, as amended) grants Indian citizenship to children born in India

(c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004),
where―
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the
time of his birth,

Note that OCI does not count as Indian citizenship (not unlike other forms of British nationality and British citizenship). So, in this case, the child is not an Indian citizen and is not eligible for an Indian passport.

No there is not as the child was NOT born in India to Indian citizen parents!! You and your spouse both voluntarily gave up and lost your Indian citizenship when you became British. The only option you have is to apply for a British passport.

Can one ask why this particular anxiety of the child getting an Indian passport?
If you were determined for the child to get Indian citizenship, it would have been worth planning forward with one parent holding Indian citizenship with ILR. That way, the child would have been born with both citizenships if born in India.

Yes, the child can get Indian citizenship when they turn 18. An OCI holder can gain Indian citizenship if they hold the OCI for five years, and must reside in India for the one year in the last five years. They would have to surrender their British citizenship first; for that they need to be 18 years of age and of a sound mind.

You haven't mentioned if the child was born before you got UK citizenship. If you were still a citizen of India when the child was born, the child could have been an Indian citizen. Beyond this, the child is not eligible for Indian citizenship as they have lost any chance Indian citizenship by virtue of being a citizen of Britain at present. You would be submiting a false declaration when applying for an Indian passport when they ask if the child is a citizen of another country because the special circumstances for dual citizenship for minors do not apply in your case.

xebec wrote: ↑

Sat May 16, 2020 9:21 am

Yes, the child can get Indian citizenship when they turn 18. An OCI holder can gain Indian citizenship if they hold the OCI for five years, and must reside in India for the one year in the last five years. They would have to surrender their British citizenship first; for that they need to be 18 years of age and of a sound mind.

You haven't mentioned if the child was born before you got UK citizenship. If you were still a citizen of India when the child was born, the child could have been an Indian citizen. Beyond this, the child is not eligible for Indian citizenship as they have lost any chance Indian citizenship by virtue of being a citizen of Britain at present. You would be submiting a false declaration when applying for an Indian passport when they ask if the child is a citizen of another country because the special circumstances for dual citizenship for minors do not apply in your case.

Did you actually read exactly what the op wrote??? They clearly states child was born when BOTH parents were already British through naturalisation!!

CR001 wrote: ↑

Sat May 16, 2020 9:47 am

xebec wrote: ↑

Sat May 16, 2020 9:21 am

Yes, the child can get Indian citizenship when they turn 18. An OCI holder can gain Indian citizenship if they hold the OCI for five years, and must reside in India for the one year in the last five years. They would have to surrender their British citizenship first; for that they need to be 18 years of age and of a sound mind.

You haven't mentioned if the child was born before you got UK citizenship. If you were still a citizen of India when the child was born, the child could have been an Indian citizen. Beyond this, the child is not eligible for Indian citizenship as they have lost any chance Indian citizenship by virtue of being a citizen of Britain at present. You would be submiting a false declaration when applying for an Indian passport when they ask if the child is a citizen of another country because the special circumstances for dual citizenship for minors do not apply in your case.

Did you actually read exactly what the op wrote??? They clearly states child was born when BOTH parents were already British through naturalisation!!

Apologies missed that bit out