Indian passport renew denied for children

[Rud]

Dear Advisors,

I just came to knew that my child Indian citizenship ceased when my spouse obtained settlement in uk . My child passport cannot be renewed and can’t travel to any county outside uk.

Is foreign passport a mandatory document for future child ilr or naturalisation applications ?

3 more months left in passport can the child travel for a short vacation to India with me and will be allowed to return back to Uk ?

As indian passport renew has been denied , does it mean the child is stateless now so eligible to apply citizenship under stateless child settlement ? If yes what evidence and form has to be submitted ?

[te23]

Check this post about the new ruling:

other-countries/minor-indian-citizenshi ... 45055.html

[Rud]

Thank you for your response.

I’ve gone through the news from the link.

Not sure how long it will take for the passport offices to receive the judgment outcome or again the government might appeal for reconsideration at the next level ? If it takes another 6 months I have been told that since last 1 year no applications are processed and so no reference numbers are provided. So requesting your advise on below questions pls

Is foreign passport a mandatory document for future child ilr or naturalisation applications ?

3 more months left in passport can the child travel for a short vacation to India with me and will be allowed to return back to Uk ?

As indian passport renew has been denied , does it mean the child is stateless now so eligible to apply citizenship under stateless child settlement ? If yes what evidence and form has to be submitted ?

[MylaHughes]

If your child does not have a valid passport and is having trouble obtaining a new one, this may complicate the ILR or naturalization application process. However, whether you need a foreign passport depends on the specific requirements in your case. Regarding travel to India, it is best to consult with an immigration lawyer or competent authority, as entry and exit rules may vary depending on the circumstances.

[Rud]

Dear Advisors,

I just contacted the VFS they confirmed they are only considering the renew passport application for those born after naturalisation of one of parent. They are not processing the applications for children born before naturalisation of one of the parent also it is immaterial if the child is born in India or registered in India.

Now I there is risk of stateless and cannot travel anywhere as the passport is about to expire in 2 months time .

Please suggest which form to be submitted for stateless child settlement in uk ? Is it ILR or direct naturalisation for stateless children ?

[RonV]

Dear Advisors,

I just contacted the VFS they confirmed they are only considering the renew passport application for those born after naturalisation of one of parent. They are not processing the applications for children born before naturalisation of one of the parent also it is immaterial if the child is born in India or registered in India.

Now I there is risk of stateless and cannot travel anywhere as the passport is about to expire in 2 months time .

Please suggest which form to be submitted for stateless child settlement in uk ? Is it ILR or direct naturalisation for stateless children ?

Hi Rud,

Just a question, Is either you or your partner a British Citizen?

If yes, you can directly apply naturalization for your children, bypassing the ILR process.

[Rud]

My spouse has got British citizen recently but I’m not eligible for citizenship yet in flr m for 2+ years now , my child was born in India and currently living in uk for 5+ years now. I was told in the same forum that both parents have to be settled for the minor to qualify for settlement.

Now My child’s Indian passport cannot be renewed , at the same time cannot apply for British citizenship as both parents are not yet settled.

[secret.simon]

If yes, you can directly apply naturalization for your children, bypassing the ILR process.

I disagree.

[Rud]

Thank you Simon for your advise.

Is it legal to share the recent judgement copy from Delhi high court for a similar case to Indian high commission and request them reconsider their decision not to renew the passport for Indian born children living in uk ?

Though judgement copy is Available to download for public access from high court website, is there any restriction to forward such third parties judgement copy to Indian high commission and vfs etc

[RonV]

If yes, you can directly apply naturalization for your children, bypassing the ILR process.

I disagree.

Hi Secret Simon,

Two of my close friends recently applied for Naturalization along with their kids who hold Indian passports but not ILR, they have been in the UK for 6 years, one of them had the biometric appointment today. They did not have to apply for ILR for their minor children.

RonV

[secret.simon]

@RonV, were the two friends married to each other, i.e. were they are family unit applying for naturalisation together, with both parents having ILR?

Note that in the case of the OP, the mother/wife is still on FLR(M) and does not have ILR. Also, the OP's question is specifically about the child being made stateless, which is almost certainly not the case with your friends.

[secret.simon]

Thank you Simon for your advise.

Is it legal to share the recent judgement copy from Delhi high court for a similar case to Indian high commission and request them reconsider their decision not to renew the passport for Indian born children living in uk ?

Though judgement copy is Available to download for public access from high court website, is there any restriction to forward such third parties judgement copy to Indian high commission and vfs etc

That is really a matter of Indian law and Indian diplomatic authorities that I am not qualified to advise on. Wait for others to advise on that. And try contacting the Indian (Deputy) High Commission directly.

[RonV]

@RonV, were the two friends married to each other, i.e. were they are family unit applying for naturalisation together, with both parents having ILR?

Note that in the case of the OP, the mother/wife is still on FLR(M) and does not have ILR. Also, the OP's question is specifically about the child being made stateless, which is almost certainly not the case with your friends.

Hi Secret Simon,

Yes they are a married couple, with one child (6 years old). Husband (has ILR through work route) and the child (Dependant) applied for Citizenship and wife (dependant) applied for ILR on the same day.

[Sivaquery]

My spouse has got British citizen recently but I’m not eligible for citizenship yet in flr m for 2+ years now , my child was born in India and currently living in uk for 5+ years now. I was told in the same forum that both parents have to be settled for the minor to qualify for settlement.

Now My child’s Indian passport cannot be renewed , at the same time cannot apply for British citizenship as both parents are not yet settled.

Hi Rud,
Similar situation here. Kids passport expires soon and FLR visa renewal due at end of year.
Did you have any success in applying for Indian passport renewal using the Court ruling as precedent?
Did you apply for settlement for the child on the basis of the child being stateless ?

Thanks
Siva