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Getting Indian Passport back

Posted: Mon Jan 02, 2012 7:35 pm
by newavenues
Hello Members

I am eligible for ILR in next couple of months. As per the rules, i am contemplating getting ILR for myself and after i recieve the ILR, applying British Citizenship for my Child who was born in UK.

We are still not sure whether we parents ourselves want to go for British Citizenship. We may return to India in next year or so.

My question is can my child get Indian Passport back if we return to India for good? I know there is always OCI option for my child but i may want the Indian Passport back, is that feasible?

Regards
Ash

Re: Getting Indian Passport back

Posted: Wed Jan 04, 2012 6:34 am
by osteophytes
newavenues wrote:Hello Members

I am eligible for ILR in next couple of months. As per the rules, i am contemplating getting ILR for myself and after i recieve the ILR, applying British Citizenship for my Child who was born in UK.

We are still not sure whether we parents ourselves want to go for British Citizenship. We may return to India in next year or so.

My question is can my child get Indian Passport back if we return to India for good? I know there is always OCI option for my child but i may want the Indian Passport back, is that feasible?

Regards
Ash
An OCI holder can apply for Indian citizenship (and Indian Passport) after 5 years and out of these 5 years they should be resident in India for 1 year.

See point 27 in this link.
http://www.indianconsulate.com/4Passpor ... onOCI.html


But when they apply for Indian citizenship they should prove that they have renounced their foreign citizenship. That can be tricky as your child is a minor and he/she can renounce their citizenship only after 18 years of age.

http://www.ukba.homeoffice.gov.uk/briti ... tionality/

Re: Getting Indian Passport back

Posted: Wed Jan 04, 2012 7:30 am
by ric1982
osteophytes wrote:
newavenues wrote:Hello Members

I am eligible for ILR in next couple of months. As per the rules, i am contemplating getting ILR for myself and after i recieve the ILR, applying British Citizenship for my Child who was born in UK.

We are still not sure whether we parents ourselves want to go for British Citizenship. We may return to India in next year or so.

My question is can my child get Indian Passport back if we return to India for good? I know there is always OCI option for my child but i may want the Indian Passport back, is that feasible?

Regards
Ash


An OCI holder can apply for Indian citizenship (and Indian Passport) after 5 years and out of these 5 years they should be resident in India for 1 year.

See point 27 in this link.
http://www.indianconsulate.com/4Passpor ... onOCI.html


But when they apply for Indian citizenship they should prove that they have renounced their foreign citizenship. That can be tricky as your child is a minor and he/she can renounce their citizenship only after 18 years of age.

http://www.ukba.homeoffice.gov.uk/briti ... tionality/
This is interesting is there no option if you are under 18 and not married but do want to give up the BS?

Can someone please advise what to do in that case?

Posted: Wed Jan 04, 2012 9:34 am
by newavenues
Chaps,

Many Thanks for your feedback. I truly appreciate it.

Going through the information in the links, it seems minor cannot give up the citizenship until he/she is 18 years.

Cheers
Ash

Posted: Wed Jan 04, 2012 11:40 am
by ric1982
newavenues wrote:Chaps,

Many Thanks for your feedback. I truly appreciate it.

Going through the information in the links, it seems minor cannot give up the citizenship until he/she is 18 years.

Cheers
Ash
Its not that under 18 can not give up. If you look at the form there is a provision (a box!) which says please explain why its in the minor's interest (or the person who is uncapable for making this decision) to give up British Citizenship..

Posted: Fri Jan 06, 2012 2:29 am
by osteophytes
ric1982 wrote:
newavenues wrote:Chaps,

Many Thanks for your feedback. I truly appreciate it.

Going through the information in the links, it seems minor cannot give up the citizenship until he/she is 18 years.

Cheers
Ash
Its not that under 18 can not give up. If you look at the form there is a provision (a box!) which says please explain why its in the minor's interest (or the person who is uncapable for making this decision) to give up British Citizenship..
I agree there is a provision there but if you read the guidance, age above 18 is one of the requirements and they did not mention anything about guardians acting on behalf of a minor.