Minor Indian Passport Renewal was not accepted at VFS as I have got British nationality

[tempkd10]

Hi,

My son (Minor) Indian Passport Renewal application was not accepted at VFS centre (Hounslow) last week as I have got British nationality. my wife and son both has Indian passport. I was told that there has been recent changes and they are not renewing minor Indian passport in such case.

I have done my ILR on 10 year route in 2020 and got my British passport in 2022 and got my OCI same year. My family are due for ILR this year (June 2024) but for British citizenship for my family I have to wait for another 1 year but my son Indian passport is Expiring in Dec 2024.

I was planning summer holiday in India (July 2024) and also to have valid passport of my son during citizenship in 2025, I went to renew his Indian passport but my application was not accepted and they didn't have a clue what is the solution for this.

Can anyone let me know how I can renew my son Indian passport as there is not much information available on https://www.hcilondon.gov.in/ site or at VFS site or is there any other solution ?

I will be really grateful to you.

Thanks and Regards,
DK

[sathyauk]

Hi DK,

The recent changes to Renunciation of Indian citizenship impacts children below 18 years. The solution for you is.

1. Travel to India in this July with your son's current passport
2. British citizenship applications will accept expired passport to apply for Naturalization. You don't need your current passport to apply for Naturalization. I applied with my one year expired passport and all went well.
3. Since your son is minor he doesn't require to go through Renunciation of Indian citizenship, just surrender the passport and apply for OCI.

Hope the above helps you with a solution.

Thanks,
Sathya

[te23]

Hi DK,

The recent changes to Renunciation of Indian citizenship impacts children below 18 years. The solution for you is.

1. Travel to India in this July with your son's current passport
2. British citizenship applications will accept expired passport to apply for Naturalization. You don't need your current passport to apply for Naturalization. I applied with my one year expired passport and all went well.
3. Since your son is minor he doesn't require to go through Renunciation of Indian citizenship, just surrender the passport and apply for OCI.

Hope the above helps you with a solution.

Thanks,
Sathya

Renunciation by just one parent means the child loses Indian citizenship, even if the other parent is still Indian?

[sathyauk]

You are correct. That's what over Indian law says

[BashirB]

Go to India in summer and renew his under tatkal over there. Let the mother be the one who leads the renewal process and claim parental responsibility if needed.

Although, your child does not need a current passport for naturalisation. A current passport is needed for BRP and/or ILR as these are immigration applications. Once he has ILR, he is free from immigration controls and won't need it for naturalisation.

[tempkd10]

Thanks for your reply BashirB and SathyaUK.

I really appreciate it.

I have further query -

1. If I go for Indian holidays in July 2024, then can my son return back to UK as his passport will be valid less than 6 months. (both option if he has ILR by that time or if he does not have ILR by that time in case we delay it - apply for ILR after holidays)

2. Also his current Family visa is valid till Jan 2025 but the BRP card is valid till 31 dec 2024 (as they are going to change the BRP). Will that have any impact as his Indian passport will be expiry in 2nd week of Dec 2024.

3. Also what should be your Indian Passport minimum validity to enter UK if my son is on Family Visa or on ILR ?

please let me know your thoughts.

Thanks,
DK

[sathyauk]

Thanks for your reply BashirB and SathyaUK.

I really appreciate it.

I have further query -

1. If I go for Indian holidays in July 2024, then can my son return back to UK as his passport will be valid less than 6 months. (both option if he has ILR by that time or if he does not have ILR by that time in case we delay it - apply for ILR after holidays) -You can come back without any issues.

2. Also his current Family visa is valid till Jan 2025 but the BRP card is valid till 31 Dec 2024 (as they are going to change the BRP). Will that have any impact as his Indian passport will be expiry in 2nd week of Dec 2024.
https://www.davidsonmorris.com/evisas-t ... as%20eVisa.

3. Also what should be your Indian Passport minimum validity to enter UK if my son is on Family Visa or on ILR ? - Still you will have 5 months for passport to expire after you holiday, that should be fine.

please let me know your thoughts.

Thanks,
DK

[sathyauk]

I would recommend to take ILR first. If you ILR you can apply citizenship outside UK as well.
This is really tricky situation for everyone, please take calculative risk. Even at airport ask your wife handle immigration questions, you stay away from it.

[BashirB]

Hi,

My son (Minor) Indian Passport Renewal application was not accepted at VFS centre (Hounslow) last week as I have got British nationality. my wife and son both has Indian passport. I was told that there has been recent changes and they are not renewing minor Indian passport in such case.

I have done my ILR on 10 year route in 2020 and got my British passport in 2022 and got my OCI same year. My family are due for ILR this year (June 2024) but for British citizenship for my family I have to wait for another 1 year but my son Indian passport is Expiring in Dec 2024.

I was planning summer holiday in India (July 2024) and also to have valid passport of my son during citizenship in 2025, I went to renew his Indian passport but my application was not accepted and they didn't have a clue what is the solution for this.

Can anyone let me know how I can renew my son Indian passport as there is not much information available on https://www.hcilondon.gov.in/ site or at VFS site or is there any other solution ?

I will be really grateful to you.

Thanks and Regards,
DK

I suggest you contact HCI directly.

VFS have a habit of making rules which don't exist.

The Indian citizenship laws were changed in 1992 to allow the passage of citizenship to children if EITHER parent is Indian. Prior to that, only the father could pass on citizenship - subject to marriage being lawful as well. Nationality of mother was irrelevant and an Indian mother married to a foreigner could not pass on citizenship. So in these cases, father renouncing will make child potentially lose their citizenship as mother's citizenship doesn't matter.

So yes, there is some truth in what VFS are telling you, but I am assuming your child was born after 1992 and this doesn't apply to you. There may have been cases where there are issues and VFS will take a safe ground and discourage everyone.

You should apply tatkal while in India and they won't trouble you - as you can easily hire a lawyer there to "remind" the rules. Having said that, hurdles can be raised as they know you are overseas - just so they can get something out of you. Law is on your side, but ease of implementation may not be.

Look at it this way, VFS chap is telling you that your child is stateless, which is not possible as the decision rests with the Home Minister and each case is signed off by him.

[sathyauk]

Even if you apply for passport in India for minor, you need both parents passport copy and will have the same problem. Hiring a lawyer will be long run process. The same law applies throughout the world.

"Indian citizens desiring to renounce the citizenship of India may please note that if any person(either FATHER OR MOTHER) ceases to be a citizen of India under sub - section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India under sub - section(2) of Section 8 of the Citizenship Act, 1955.However, such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship."
https://indiancitizenshiponline.nic.in/Renounce

[BashirB]

Even if you apply for passport in India for minor, you need both parents passport copy and will have the same problem. Hiring a lawyer will be long run process. The same law applies throughout the world.

"Indian citizens desiring to renounce the citizenship of India may please note that if any person(either FATHER OR MOTHER) ceases to be a citizen of India under sub - section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India under sub - section(2) of Section 8 of the Citizenship Act, 1955.However, such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship."
https://indiancitizenshiponline.nic.in/Renounce

That is for renounciation. As long as OP hasn't surrendered, his child can still renew in India.

As a side note, there are numerous cases where parents have separated/divorced etc and one has renounced Citizenship after moving abroad/re-marrying etc. The child still retains their citizenship.

You can Google recent court cases to confirm this.

Example in 2023, the Karnataka High Court direct the Begaluru Passport Office to issue passport to 15 year old whose father had surrendered his citizenship - citing same reason that a child cannot bring made stateless.

A few years ago, the unborn child of parents who gave up citizenship was also made eligible for it.

My suggestion is still the same - go to India and apply. The lawyers there will cite to you many more recent cases where the High Court has directed the issuance of passport.

[kihiq2024]

Hi,

I am also facing the same issue. Is it possible to renew a child passport as a single parent (via mother) in VFS,UK itself, using Annexure C?

Thanks

[sathyauk]

I hope you can apply for British Citizen, if you child is stateless. You look into this option as work around

https://www.gov.uk/apply-citizenship-stateless

[tempkd10]

Thank you for your reply BashirB and SathyaUK.

I really appreciate it. I will hold till my son gets his ILR and then will see.

Thanks and Regards,
Dhirender

[Sadak]

Hello All,

My situation is similar but a bit complicated; I really appreciate your opinion.

I received a British passport and OCI in 2021; my daughter and wife are on dependant visas, and they are eligible to apply for ILR in October 2024.

My daughter's passport expires in June 2024. We had planned to travel to India for summer vacation, so I need her passport renewed. I believe that I need a valid passport for ILR.

I thought about travelling to India with my daughter before her passport expires for a week and then applying for thatkal passport, but my wife won't be able to travel as we're expecting a baby in May. If I travel with my daughter, I fear that the passport office may reiterate the rule and withhold her passport. In that case, my daughter may not be able to fly back to the UK. She also misses her school. I sent an email to HCL but have not received a reply.

We can postpone our trip to India, but our main concern is whether my daughter can apply for ILR with an expired passport, and VFS is not accepting passport renewal applications either.

I much appreciate your help.

Thanks & regards
Sadak

[kihiq2024]

Hi,

Having expired passports may not have impact on the ILR decision and it's not a mandatory as well(when I have checked with my immigration advisors). However, we need to write the detailed explanation why we are holding the expired passports and why it's not been renewed.

Last 24 to 48 hours, Delhi high court, has issued this statement.
Citizenship Act Supersedes Passport Rules: Hc | Delhi News - Times of India https://timesofindia.indiatimes.com/cit ... 756842.cms

Thanks,
KIA

[Sivaquery]

Hi,

Have you been successful in renewing your Minor child's passport from India.
Pls can you share if your were able to resolve your issues.

Thanks
siva

[GuestN]

I hope you can apply for British Citizen, if you child is stateless. You look into this option as work around

https://www.gov.uk/apply-citizenship-stateless

Hi,

Has anyone tried this route ? Anyone got any update from any Solicitors or so whether we can go this route ? I am also on the boat where my family will only be eligible for ILR in 2026 but child's indian passport expires in Dec 2024.
Totally lost what to do for couple of years for my kid's passport. Don't understand what sort of law this is, kid was born india, hold a passport and one parent is still indian, but law says under 18 will be stateless

[Sivaquery]

Kindly request an update from any of the people in the forum / thread.

Have people with children who are not yet eligible for an ILR or British Citizenship found any solution for this non renewal of minor passports issue?

Pls share any research or steps that you are currently taking so that it might help us all.

Thanks for your help and support

Siva

[jvince]

Hi,

I am in the same situation, I literally got my citizenship couple of weeks ago, I haven't yet renounced my Indian citizenship. Is it ok that I apply for my children's passports using my Indian passport which is still valid?

Anyone got any further updates from high commission?

Thanks!

[Sivaquery]

Hi,

I am in the same situation, I literally got my citizenship couple of weeks ago, I haven't yet renounced my Indian citizenship. Is it ok that I apply for my children's passports using my Indian passport which is still valid?

Anyone got any further updates from high commission?

Thanks!

Hi,
I met with the High commission of Edinburgh in person at a Consular camp this Saturday @ Aberdeen.

They have no answers on how to resolve this issue or when it will be resolved by. They just say "wait patiently, we are working on this. Will get back to you as soon as we have answers"

There are very few people in our situation. Just 10 in Scotland and an a few hundred in England.

I just don't know what to do going forward.

[rubyracer2]

Hi,

I am in the same situation, I literally got my citizenship couple of weeks ago, I haven't yet renounced my Indian citizenship. Is it ok that I apply for my children's passports using my Indian passport which is still valid?

Anyone got any further updates from high commission?

Thanks!

Yes, its best if you apply for renewal at VFS before surrendering/renouncing your citizenship. Some of us made this mistake and we are now stuck

[Rud]

Hi All ,

I had visited VfS london today to check whether they’ve started accepting minor Indian passport applications for those either of parent has surrendered passport or renounced the Indian citizenship
but what I got to know is , until recently vfs was accepting Indian passport application for minor who born after their parent renounced Indian citizenship, but now they’re not processing Indian passport application for minor when either parent renounced Indian citizenship irrespective when the Indian citizen was renounced before or after the child born. It looks like MEA has now made concrete decision not to process the Indian passport application for minor when either of parent is foreign citizen. I think hope to get Indian passport for minor is diminishing. Seriously no clue what to do ? Has anyone got any update ?

[pvf23]

The citizenship act and the case law are very clear that the minor children cannot be deprived of the ir citizenship. Please see https://indiankanoon.org/doc/169495769/ (xxxxxx vs Union of India) where a judge agreed that the termination of citizenship through section 9 is not a section 8.1 renunciation.
The Indian government is trying to have its cake and eat it too. The moment a person acquires foreign citizenship they lose their Indian citizenship. A non-Indian citizen cannot sign a valid section 8.1 renunciation form since the very first criteria is that the signing person must be an indian citizen of full age; Ergo even if someone in this scenario has "renunciated" , it cannot be a valid section 8.1 renunciation.
The government is arguing that the person is not an indian citizen after acquiring foreign citizenship but is an Indian citizen for the purpose of signing section 8.1 renunciation papers which is absurd on its face.
Unfortunately the only course of action here seems to be litigation in Indian courts.

[Sivaquery]

Has anyone explored the option of traveling to India and renewing the Minor's Passport there?
Can it be done in India, as this issue seems only to be present in the UK.
Or will we face new issues there?