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Naturalization for child of Indian parents born in UK

Posted: Sat Sep 08, 2018 8:01 am
by sdprashant22
Hi,
I have not managed to find a clear answer to this so far so i'll try to describe the situation here.
My son is 6 months old and was born in UK. At the time of his birth i didn't have ILR. I recently got ILR and looking for naturalization process for my Son. MN1 form asks current nationality of my son.
I am not sure if i should say Indian or not because may be i'll be required to register his birth in Indian Mission?

Can someone who is sure about it confirm?

Thanks,

Re: Naturalization for child of Indian parents born in UK

Posted: Sat Sep 08, 2018 6:29 pm
by alterhase58
But son is Indian citizen already due to fathers being Indian citizen?

Re: Naturalization for child of Indian parents born in UK

Posted: Sat Sep 08, 2018 9:17 pm
by secret.simon
alterhase58 wrote:
Sat Sep 08, 2018 6:29 pm
But son is Indian citizen already due to fathers being Indian citizen?
No.

Indian citizenship law does not provide for automatic acquisition of Indian citizenship to children born abroad to Indian parents. They only acquire Indian citizenship if they are registered with an Indian mission abroad within one year of birth.

In the absence of such registration (with the Indian mission abroad), the child is stateless. That is also the case for children born to Sri Lankan and Australian parents born abroad.

The lack of automatic acquisition of citizenship through descent when born abroad is also the basis of the MK judgment.

To the OP, if you have not registered him with the Indian authorities, the child is stateless.

Re: Naturalization for child of Indian parents born in UK

Posted: Sun Sep 09, 2018 2:14 am
by vinny
Being stateless or otherwise should not affect child's entitlement to register under Section 1(3).