New Born Right of Abode/Cert of Entitlement - ILR parent

[josekumar]

Hello Experts,

Our child was born this month for Dad with ILR status and mother PBS dependent. We are analysing to apply for Indian Passport and get Certificate of Entitlement with Right of abode.

Questions is what happens when father or mother one of them naturalised after this. The indian law says the minor also will loose their nationality as Indian. They will loose after attaining 18 yrs or before.

Is there any way to handle this situation?

Thanks in advance

[secret.simon]

As your child is born with both British and Indian citizenships, he can continue to have both either until 6 months after s/he attains the age of 18 or s/he applies for a British passport, whichever is first.

An Indian passport with a CoE-RoA is possible and has been done by many on these forums.

what happens when father or mother one of them naturalised after this. The indian law says the minor also will loose their nationality as Indian.

No. Indian law says that that would happen if the parent were to renounce Indian citizenship (Section 8 of the Indian Citizenship Act 1955). But if the Indian parent were not to renounce Indian citizenship and acquire another citizenship, his citizenship would be terminated (Section 9). That does not impact the citizenship of the child. That will however be lost at the age of 18.5 as mentioned above (Section 4(1A) of the Act) or when a British passport is obtained for the child.

If the child wishes to retain Indian citizenship at the age of 18, he can renounce his British citizenship.

To the mods: As the question is primarily about Indian nationality law rather than British citizenship, perhaps it can be moved to the "Other Countries" forum.

[CR001]

Was the baby born in the UK or in India?

[josekumar]

As your child is born with both British and Indian citizenships, he can continue to have both either until 6 months after s/he attains the age of 18 or s/he applies for a British passport, whichever is first.

An Indian passport with a CoE-RoA is possible and has been done by many on these forums.

what happens when father or mother one of them naturalised after this. The indian law says the minor also will loose their nationality as Indian.

No. Indian law says that that would happen if the parent were to renounce Indian citizenship (Section 8 of the Indian Citizenship Act 1955). But if the Indian parent were not to renounce Indian citizenship and acquire another citizenship, his citizenship would be terminated (Section 9). That does not impact the citizenship of the child. That will however be lost at the age of 18.5 as mentioned above (Section 4(1A) of the Act) or when a British passport is obtained for the child.

If the child wishes to retain Indian citizenship at the age of 18, he can renounce his British citizenship.

To the mods: As the question is primarily about Indian nationality law rather than British citizenship, perhaps it can be moved to the "Other Countries" forum.

Thanks Simon for prompt response.

You mentioned Indian parent were not to renounce. Do you mean were to renounce and acquire another citizenship?

[josekumar]

Was the baby born in the UK or in India?

The baby was born in UK.

Another question: Once the baby got CoE-RoA then when the baby can apply for British Citizenship?

[vinny]

As baby is automatically British, baby cannot apply for British citizenship.

[josekumar]

As baby is automatically British, baby cannot apply for British citizenship.

thanks Vinny. sorry I mean if the baby wants to surrender indian passport and apply for British Passport when the baby can able to do. Is there any age restriction or can apply when ever the baby wants?

[vinny]

Whenever.

However, you should keep proof of a parent's ILR when baby was born.

[josekumar]

Whenever.

However, you should keep proof of a parent's ILR when baby was born.

That's Great. Thanks Vinny.

Keeping a copy of ILR should be enough or do we need to retain any other mode incase if the parent applied citizenship later?

[CR001]

Whenever.

However, you should keep proof of a parent's ILR when baby was born.

That's Great. Thanks Vinny.

Keeping a copy of ILR should be enough or do we need to retain any other mode incase if the parent applied citizenship later?

Certified copy should be sufficient. When you apply for citizenship, you have to return your ILR BRP once you attend your ceremony.