Dual Indian & British Citizenships & Passports For A New Born Child

Hi folks,

My wife and I are both Indian Citizens, holding Indian passports and we live in the UK on Indefinite Leave to Remain (ILR) visa (permanent residence permit) and we were recently blessed with a baby girl. Having done some research, it seems to me that my newborn child CAN have both Indian and British citizenships simultaneously.

However, I am still left with a few questions that I have listed below where I need your help:

1. Is my conclusion correct that as per Indian Citizenship Act, a minor child CAN actually hold dual citizenships until the age of 18 after which they will need to give up one of the two citizenships?

2. Can my new born child really hold both Indian and British passports such that when we travel to India, we travel using her Indian passport and when she needs to return back to the UK, we use her British Passport on arrival to UK?

3. If my new born can hold both Indian and British passports, which one we should go for first?

4. Given she was born here in the UK, I have registered her birth here in UK to acquire her birth certificate. Does this mean I have in fact registered her to be British Citizen already?

Please advise.

Thanks,
Sapan

If you want her to hold Indian passport you can apply for "right to abode". This is an vignette stamped to Indian passport. This is the state b/w ILR and Citizenship. She can choose either Indian or British citizenship later when she is eligible.

You have to hold either of the passport not both. I've heard people holding both passport but it is illegal, nowhere I've read that allows children under 18 to hold both passports by default they are anyway dual citizens.

If the child was born in the UK after at least one parent had acquired ILR, then yes, in those circumstances, they can hold British and Indian citizenship (but not both passports, as @euphoria1947 has correctly mentioned).

The child would have been born a British citizen (as it was born in the UK after one parent had acquired ILR) and can be registered with the Indian diplomatic authorities as at least one parent is an Indian citizen.

euphoria1947 wrote: ↑

Sun Aug 08, 2021 11:37 pm

This is the state b/w ILR and Citizenship.

Not quite. For people born after 1983, only British citizens have Right of Abode. A Certificate-of-Entitlement to Right of Abode is a way of showing a permanent right to reside in the UK that is valid only within the UK (i.e. no other country will recognise you as a British citizen if you showed them the certificate. Crucially, that means that you are not entitled to either British consular assistance or visa-free travel privileges associated with British passports.). Indeed, the CoE-RoA only states that you have a right to live in the UK and does not state anything about British citizenship, even though it is only issued to British citizens with a non-British passport, which is probably why India allows it.

A CoE-RoA is stamped within a non-British passport, so if you plan to go down that route, you will need to make sure that the child has an Indian passport first.

sapandesai wrote: ↑

Sun Aug 08, 2021 10:34 pm

4. Given she was born here in the UK, I have registered her birth here in UK to acquire her birth certificate. Does this mean I have in fact registered her to be British Citizen already?

No.

Registration of a child as a British citizen is a different and unrelated process to that of registering all births (and deaths) in the UK.

Your child was born a British citizen automatically because they were born in the UK to a parent holding ILR.

I would strongly advise you not to return the proof of your ILR (your BRP) if you become a British citizen, because the fact that you held ILR at the time of your child's birth in the UK is what makes her a British citizen. She, and possibly her children and grand children, may be need proof of your ILR status at the time of her birth. Keep that proof safe.

Based on your response, it seems I could apply for an Indian passport first for my child and then apply for CoE to RoA to be stamped on that Indian passport. This will solve my immediate problem wherein given the rest of my family (i.e. me, my wife and my elder chid) have Indian passports, my younger child too can have an Indian passport such that we can travel together to India without any hassle. And while returning back to the UK, rest of my family holding ILR (BRP cards) can show that to the UKBA, and for my younger child we show the CoE to RoA stamped on her Indian passport to gain entry back to the UK.

Is my interpretation of your response above correct?

Also, after a few years down the line if we all chose to acquire British Passports (thereby British Citizenship), what will be the process specifically for my younger child to acquire British Passport? Also, what will be the cost? Remember her case is quite different than the rest of us, wherein by being born in UK to ILR holder parents, she is by default British Citizen.

sapandesai wrote: ↑

Tue Aug 10, 2021 12:51 am

Based on your response, it seems I could apply for an Indian passport first for my child and then apply for CoE to RoA to be stamped on that Indian passport. This will solve my immediate problem wherein given the rest of my family (i.e. me, my wife and my elder chid) have Indian passports, my younger child too can have an Indian passport such that we can travel together to India without any hassle. And while returning back to the UK, rest of my family holding ILR (BRP cards) can show that to the UKBA, and for my younger child we show the CoE to RoA stamped on her Indian passport to gain entry back to the UK.

Is my interpretation of your response above correct?

Correct.

Just be aware that a CoE-RoA costs multiple times the cost of a British passport (£372 for a CoE-RoA vs £49 for a child British passport) and the CoE-RoA will need to be renewed each time the passport it is stamped in is replaced (i.e. you can't just carry the CoE-RoA in an expired passport along with the new passport. The CoE-RoA expires on the same day as the date of expiry of the passport it is stamped in).

sapandesai wrote: ↑

Tue Aug 10, 2021 12:51 am

Also, after a few years down the line if we all chose to acquire British Passports (thereby British Citizenship), what will be the process specifically for my younger child to acquire British Passport? Also, what will be the cost? Remember her case is quite different than the rest of us, wherein by being born in UK to ILR holder parents, she is by default British Citizen.

The child can apply for a British passport directly, with proof of her birth in the UK (UK birth certificate) and proof that one of her parents had ILR at the time of her birth (the parents' ILR BRP). The same evidence would also be needed at the time of applying for a CoE-RoA.
The cost of a passport will be whatever is the cost of applying for a passport at the time of application.

Understood, thanks a ton for these timely responses. Hugely appreciate.

So are we saying that my newborn child will ALWAYS be British Citizen by default due to her circumstances at birth, but its just that we chose to opt for CoE to RoA for some time and then after few years acquired her British passport. And during all this time she is still British Citizen (though not officially).

All I am now trying to confirm is that by acquiring CoE to RoA, I am not going to make my child loose any of her rights or future British Citizenship? And that she will not have to pay any hefty fee to "naturalize" like the rest of us will have to? (current fee for the rest of us to acquire British Citizenship is about £1300, but will my newborn also have to pay THAT much or just pay £50 or so for simply acquiring her British Passport after few years?)

sapandesai wrote: ↑

Tue Aug 10, 2021 9:41 am

are we saying that my newborn child will ALWAYS be British Citizen by default due to her circumstances at birth

Correct.

sapandesai wrote: ↑

Tue Aug 10, 2021 9:41 am

during all this time she is still British Citizen (though not officially).

She will be a British citizen officially. After 1983, only British citizens have the Right of Abode in the UK.

It is just that that will not be evidenced by a British passport (and so will not be recognised outside the UK).

Hi,

I came across this article which seems to quite clearly articulate that my child could in fact hold both the passports - https://blogs.servease.io/2020/07/06/du ... nship-act/

Your thoughts or interpretation of this?!

Best,
Sapan

I had written on that point a while back and had drawn on the Wikipedia article on Indian nationality law.

It is possible that the Indian passport regulations may have changed in the recent past.

As this thread is veering towards interpretation of Indian nationality law and has little to do with British citizenship, I'll move it to the Other Countries forum. I'll cc @xebec into this thread as they are more learned with regards to Indian citizenship law than I am.

It seems that if you want to register the child as an Indian citizen, you'd have to do that before the application for a British passort.

Proviso to Section 4 of the (Indian) Citizenship Act 1955 wrote:Provided also that no such birth shall be registered unless the parents of such person declare, in such form and in such manner as may be prescribed, that the minor does not hold the passport of another country.

Yes, that is what it seems like. Just wanted someone here to confirm that by;

1. Registering the birth at Indian high commission here in UK.
2. Applying for Indian passport.
3. Subsequently applying for British passport.

that I will not be breaking any laws of any kind and that I will not face any issues while entering India or coming back to UK.

Hi Simon,

You mentioned that you will, "move this thread to the Other Countries forum". I am not clear if you have actually done it? I have not received any notification so not sure, besides I am new to this platform so if you could clarify would be great.

Also you had tagged @xebec (not sure if that is an individual or a group). Can you guide me as to who I should reach out to or you please nudge them for me that will help great deal.

Thanks a lot in advance.

All,
This looks mileading as i have seen a diplomat who faced the same issue and Indian authorities cleared them that it is legal to have dual passport (dual citizenship) unitl the age of 18. There after they have 8 months to cancel either the foreign or Indian citizenship.

Simon,
Not sure the information you are providing is right in this regard. A passport is merely a travel document and how come a child is eligible to hold dual citizinship not passport - Basic question will go against your explanation.