FRRO Confirmation that Minor Child born in India can hold Dual Passports

[middletier 1]

Hi Guys,

Does minor child born in India holding Indian Passport can have Dual Nationality, my daughter 9 years old got British citizenship approved and I am thinking of OCI, however I came to know minors can keep dual passports,
I mean both Indian Passport & British Passport until the age of 18 years . Me and my wife are holding Indian passports only.

Thanks

[CR001]

Only if automatically British by being born to a British parent (or ILR holder in the UK) and an Indian parent. You have voluntarily registered your child as British and that is the difference.

[middletier 1]

Thanks for your reply CR001,
please can you clarify whether my daughter can hold two passports. Me and my wife are holding Indian passports only and stay on ILR. As she can hold the Indian passport until she become major thus I am thinking of get her British passport and dont apply for OCI and instead keep her Indian passport as she is minor.

sorry for asking you as I am really confused and stressed due to my rejection.

thanks a lot for your valuable replies

[CR001]

No she cannot as she is not automatically British and was registered as British voluntarily by her parents.

Automatic loss of Indian citizenship covered in Section 9(1) of theCitizenship act 1955, provides that any citizen of India who by naturalisation or registration acquires the citizenship of another country shall cease to be a citizen of India.” This means you have to give up Indian passport and citizenship to the nearest Indian embassy, should you become citizen of foreign country. A seal is affixed at the back of passport mentioning it is a punishable offence under Indian Passports Act of 1957, of any possession of indian passport, should the passport holder acquires nationality of another country..

It is only children who are automatically born with both citizenship that can hold both (not both passports) until they turn 18.

other-countries/minor-child-born-in-ind ... 83951.html

[secret.simon]

Children born with dual Indian/other citizenship are allowed to hold both citizenships until the age of 18, when they must choose one.

So this applies to
a) the child of a foreign parent and an Indian parent born in India
b) in the case of the UK, a child born to an Indian citizen holding ILR at the time of birth of the child

However, children who acquire another citizenship after birth, such as by registration in the UK after their parent gets ILR, lose their Indian citizenship automatically on acquisition of another citizenship.

Also, note that even an Indian citizen with dual citizenship at birth loses his Indian citizenship if he acquires a non-Indian passport.

In simple terms, an Indian citizen born with multiple citizenship can retain those multiple citizenships either until the age of 21 OR until the acquisition of a non-Indian passport.

An Indian citizen cannot have a non-Indian passport.

So, a dual Indian-British citizen would lose his Indian citizenship if he applies for a British passport. Such a citizen would be advised to apply for a CoE-RoA, which allows the holder free entry and exit from the UK, but does not give any rights in the EU.

[CR001]

However, children who acquire another citizenship after birth, such as by registration in the UK after their parent gets ILR, lose their Indian citizenship automatically on acquisition of another citizenship.

See users dilemma in link below. OP was refused BC due to good charachter. Wife BC app on hold pending interview. Child already approved for BC.

british-citizenship/minor-passport-deli ... l#p1564763

[middletier 1]

Hi CR001/secret simon,

many thanks for your valuable information and I hope you understood my dilemma.
We moved to India in Aug'17 and my daughter currently going to school here in India and I thought her BC will lapse as we didn't get the citizenship certificate, however its not the case as I understood now.

please can you tell me , what happens if we dont get her British passport now and stay here in India for another 6 months then go back to UK on ILR then get my daughter British passport, can I ask them to hold until then or can I ask them to send the passport to India and then I need to surrender her Indian passport and apply for OCI in India itself. Is this possible or we should be present in UK to receive her British passport.

Also what happens if we dont take her British passport and dont inform to hmpo? do they automatically cancel her ILR or is it active until we receive her British passport/citizenship certificate.

please advise me

[middletier 1]

Hi Forum members/seniors,

please can you help on my query

Thanks

[middletier 1]

Hi CR001/secret.simon,

I called the HMPO today and they asked me to collect my daughter passport in UK as they have the passport printed and ready for delivery/collection.

I also got confirmation from FRRo India that my daughter can keep both passports, please see below email I sent to FRRO;

"Dear Sir/Madam,

I would like to inform you that my daughter (9 years old) has got British Passport very recently and currently she is holding Indian passport as she is Indian by brith.

I came to know that minors can keep Indian passport (i.e dual passport which means both British and Indian passports) until they are 16 years old. Could you please confirm so that we don't need to apply for her OCI, instead keep the Indian passport until she became major.

Looking forward to hear from you soon.

Thanks"

FRRO reply;

Dear Sir/Madam,
                              She can keep both the passport till the age of 16 years.
-----
Regards
O/o FRRO, Hyderabad,(frrohyd@nic.in)
CGO Towers, Kavadiguda, Call:040-27541022, 27541088 Mon-Fri 0930-1800hrs



If this is the case then I can go to UK and collect my daughter passport and bring to india and whenever she goes to UK she can use the UK passport instead ILR.

PLease advise me

Many thaks

[CR001]

That would be relevant to a child BORN to a British parent and an Indian parent, which is NOT the case in your circumstances.

Had you asked them the same question and clearly stated that you had VOLUNTARILY registered your daughter as British, the answer would have likely been different.

[middletier 1]

Hi CR001,

many thanks for your valuable replies.

please note that I sent them another email stating that me and my wife both got ILR and holding Indian passports and waiting for the reply.

As you know the previous history regarding my wife and I regret to inform that my wife got unsuccessful with her BC application due to the same reason as mine, therefore we both stay on Indian passports only.

HMPO informed me that my daughter British passport printed while ago and waiting for the delivery. I told them that we moved to India in July'17 then they advised me that I can come to London British embassy and collect my daughter British passport. I asked them when is the date she became British but they refused to disclose. I didnt understand how they can go ahead printed British passport without giving my daughter British citizenship certificate. Are they giving both passport and citizenship certificate at the same time, I am confused.

If I go back UK and collect my daughter British passport in London and I am thinking come back to India with her British passport and surrender her Indian passport in India and apply for OCI in India itself. Is this possible?
Can I submit her ILR BRPs from India?
Please advise me

[middletier 1]

Hi,

My daughter British passport printed while ago and waiting for the delivery. I told them that we moved to India in July'17 then they advised me that I can come to London British embassy and collect my daughter British passport. I asked them when is the date she became British but they refused to disclose. I didnt understand how they can go ahead printed British passport without giving my daughter British citizenship certificate.

It looks like 3 months grace period seems closing thus I am thinking to go to London next week and get my daughter British passport and then immediately surrender her Indian passport and apply for OCI here in India itself. Is this possible?
Can I submit her ILR BRPs from India?
Please advise me as i am eagerly waiting for your valuable replies/suggestions
thanks

[middletier 1]

Hi,

I have sent below emails to FRRO regarding the Minor Child born in India can hold Dual Passports;
1.
Does minor child born in India holding Indian Passport can have Dual Nationality. My daughter is 9 years old got British citizenship approved and I am thinking of surrender her Indian passports (first Indian passport issued in 2010 in India and second Indian passport issued in 2015 in UK). However I came to know that minors who born in India can keep dual passports, i.e. both Indian Passport & British Passport until they become major (18 years I think).

Could you please clarify me regarding the above matter and also please confirm whether my daughter need to surrender her Indian or not?

Please note that I will wait for your confirmation and proceed accordingly regarding the surrender of Indian passport and apply for OCI as well.

Me and my wife are currently holding Indian passports with Indefinite leave to remain (ILR) in the UK and my daughter got British passport through ILR route.

Looking forward to hear from you soon.

2.
Hi as we discussed just now please note that my daughter voluntarily registered as British citizen through Indefinite leave to remain I.e PR.

I am eagerly waiting for your reply regarding whether she can hold her Indian passport along with British passport.

Thanks

Reply from FRRO

Sir,
As per MHA, sub-section 1 A of section 4, a minor child can hold citizenship of India along with citizenship of any other country i.e. dual citizenship up to the expiry of six months from the date of attaining his full age.
-------
Regards
FRRO, Hyderabad,

For Assistance Please Contact
O/o FRRO, Hyderabad, CGO Towers,
Kavadiguda, Call:040-27541022,27541088 Mon-Fri 0930-1800hrs

please note that I am bit confused as I have seen this forum that dual citizen wouldn't applicable for volantarily registered as British citizen, however the FRRO clearly confirmed in writing that my daughter can keep dual passports.

I would appreciate any comments

[CR001]

Multiple Topics/Posts (click)

[middletier 1]

Hi CR001,
Sorry for the multiple posts.

Please can you advise with the above FRRO response I received

Thanks

[middletier 1]

hi members/ seniors,

please any advise on my post

[secret.simon]

Came across this thread while researching on a related topic. Be it far from me to advise Indian authorities on Indian law, but I suggest that the advice in the FRRO's letter is incorrect. Not only that, but Indian courts have held that Indian citizenship follows from the provisions of the law (like PR and EU law) and not from the holding of any specific document.

Here is a (very poor) scan of the (Indian) Citizenship Act 1955 on the (Indian) Ministry of Home Affairs website.

The FRRO is quite correct in pointing out that a child can be born with multiple nationalities/citizenship, including Indian. That can arise in two ways;
a) A child born in India to one foreign parent and one Indian parent would have nationalities of both parents, depending on the legal provisions for citizenship for the countries of nationality of the foreign parent.
b) A child born in the UK to at least one parent with ILR/PR/British citizenship and one parent holding Indian citizenship (the parent holding Indian citizenship and ILR/PR can be the same parent), assuming that the child is registered with the Indian authorities within one year of birth.

However, what the FRRO did not pay attention to in their reply to you was Section 9 of the same Act.

9. Termination of citizenship. (1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India:

Have a close look at the wordings of Section 8 (voluntary Renunciation of citizenship) and Section 9 (involuntary/automatic Termination of citizenship). Voluntary renunciation can only be done by an Indian citizen "of full age and capacity". Involuntary termination has no restriction on age; i.e. any Indian citizen's, including a minor child's, Indian citizenship is terminated automatically by force/action of law on their registration as a foreign citizen.

In addition, the Wikipedia article on Indian citizenship law notes;

Rule 3 of Schedule III of the Citizenship Rules, 1956 states that "the fact that a citizen of India has obtained on any date a passport from the Government of any other country shall be conclusive proof of his/her having voluntarily acquired the citizenship of that country before that date". Again, this rule applies even if the foreign passport was obtained for the child by his or her parents... It does not matter that a person continues to hold an Indian passport. This rule seemingly even applies if the foreign nationality was automatically had from birth, and thus not voluntarily acquired after birth. Persons who acquire another citizenship lose Indian citizenship from the date on which they acquire that citizenship or another country's passport.

My assessment is that the FRRO's advice is correct only if two specific conditions are met;
a) the child is born with multiple citizenships, including Indian (see above) and has not acquired foreign citizenship by a subsequent action of either the parents or themselves (i.e. they have not acquired foreign citizenship by registration or naturalisation or a post-birth action of their parents).
b) the child does not hold a foreign passport (so, the child having an Indian passport with CoE-RoA is fine, but a British passport is not).
If the two conditions above are met, the child can hold Indian citizenship till they reach the age of 18. They then have 6 months to decide whether to renounce their foreign citizenships/nationalities or let their Indian citizenship lapse.

In light of the information above, can I request you (the OP) to write to the FRRO again, highlighting my points above and getting a confirmation in writing that they stand by their earlier advice and if not, to provide a more fully considered and thorough answer.