British passport and OCI card issuance to a kid born in the UK

Hello helpful community,

My wife and I are in the process of Citizenship application. We got ILRs in Feb 2020. We also have a baby on the way with the due date in July. I have 2 specific questions re: Passport and how OCI will be issued. There is also a possibility that we will be shifting back to India in 5-7 years time and I may decide to return by British passport & OCI card - context that may helpful to answer my Qs

Request some guidance on below:
1. If the baby is born in UK and issued British passport and then OCI card, can this be reversed in the future? I know it can be done for my wife and I as we had Indian passports + docs issued by India govt BUT for a kid with only British passport and docs from here, can the passport be returned and Indian one issued? [/b] If anyone can share how easy/difficult was this process for them, will be good

2. In terms of application for OCI, which option is better??
A) My wife, myself and the kid apply for OCI at same time
B) My wife and I get OCI first and then apply for the kid at a later time

Abhi150 wrote: ↑

Mon Mar 22, 2021 11:49 am

Hello helpful community,

My wife and I are in the process of Citizenship application. We got ILRs in Feb 2020. We also have a baby on the way with the due date in July. I have 2 specific questions re: Passport and how OCI will be issued. There is also a possibility that we will be shifting back to India in 5-7 years time and I may decide to return by British passport & OCI card - context that may helpful to answer my Qs

Request some guidance on below:
1. If the baby is born in UK and issued British passport and then OCI card, can this be reversed in the future? I know it can be done for my wife and I as we had Indian passports + docs issued by India govt BUT for a kid with only British passport and docs from here, can the passport be returned and Indian one issued? [/b] If anyone can share how easy/difficult was this process for them, will be good

2. In terms of application for OCI, which option is better??
A) My wife, myself and the kid apply for OCI at same time
B) My wife and I get OCI first and then apply for the kid at a later time

This might be the best answer but just sharing my thoughts. If you still hold an Indian passport when your baby is born, you can register his/her birth at HCI and he/she will be an Indian citizen by Registration. You can then still go ahead and apply for the British Passport and OCI then. Might be a useful document in future.

Either ways, OCI holders are eligible for Indian citizenship after some years of stays in India.

Abhi150 wrote: ↑

Mon Mar 22, 2021 11:49 am

for a kid with only British passport and docs from here, can the passport be returned and Indian one issued?

Not sure about the Indian law aspects of acquiring Indian citizenship, but an adult British citizen can voluntarily renounce their British citizenship.

Note that that will mean a loss of right to reside in the UK. They won't go from being a British citizen to ILR, they will go down to having no UK immigration status.

A child born in to the UK to an Indian parent with ILR can hold both British and Indian citizenships if registered with the Indian High Commission, as advised by @mesn above. They can hold both citizenships till the age of 18 years when they must declare to the Indian authorities which citizenship they want to retain. However, as I understand it, while they can hold both citizenships, they can't have a non-Indian passport. The solution to that is for the child to have an Indian passport and a CoE-RoA stamped into it. See this thread for further information.

On a different note, if the child is born in the UK while the parents are on ILR, be sure to retain the ILR BRP cards and not surrender them when the parents naturalise as they form the basis of the child's (and possibly their children - the OP's grandchildren's) British citizenship.