OCI for Minor child

Hi-Last month we (parents) got ILR by excluding uk born baby who is 2months. I have applied for BC registration for my baby now.
Planning to apply for OCI as soon as my kid got his British Passport.

Today, I got surprised by reading below link, which sounds like my kid not eligible for OCI? Can anyone correct me if my understanding is wrong?

Link http://www.cgibirmingham.org/index.php? ... es&id=10#2
5. Can Minor children apply for OCI?
Yes, if either of the parents is eligible for OCI. Minor children of parents where both (father and mother) are Indian nationals would not be eligible for OCI.

56. Can a foreign born child whose both parents are Indian nationals apply for OCI?
No. One of the parents has to be a foreign national and eligible for registration as an OCI.

Thanks,

minor would be eligible for OCI only if at least one of the parents does not have Indian passport.
You can apply for PIO and only you get OCI you can get it converted to OCI(some fee would be there)..

rajesh_kumar01 wrote:minor would be eligible for OCI only if at least one of the parents does not have Indian passport.
You can apply for PIO and only you get OCI you can get it converted to OCI(some fee would be there)..

if child has indian passport and parents got ILR ....will the rule remain same or is child eligible for OCI ........

According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

sushdmehta wrote:According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

thanks for the info.but seems to be illogical for kids who have indian passport before acquiring british passport..

gagsingh wrote:

sushdmehta wrote:According to section 7A of the Indian Citizenship Act the child is not be eligible for OCI until either parent acquires foreign nationality.

thanks for the info.but seems to be illogical for kids who have indian passport before acquiring british passport..

Agree.

Not a legal mind, but I find it strange that the law doesn't seem to allow a foreign citizen minor, who was issued an Indian passport in the past, to apply for OCI irrespective of the parents' nationality. AIUI, any erstwhile Indian citizen who is now a foreign national is eligible for OCI - and thus, such minors (who (had) possess(ed) an Indian passport) should be eligible - but the law seems to state they cannot.

Alternatively, you may apply for PIO card for the child.

Even the HCI website states the following:

Eligibility for minor applicants: one of the parents should be eligible for OCI

new rukes

http://in.vfsglobal.co.uk/OCI.html

seems even both parents are Indian and child was indian citizen - they can apply