My Son(Minor) Indian passport renew has been denied

[sparida2525]

Hi,

My Son's(minor) Indian passport renew has been denied at VFS stating that as I am (Father) is holding an foreign(UK) passport so minor can not get Indian passport and asked me to ask the HCI,London and get approval from them.

Just to explain my Son was born In India in 02/2019 and he got his first INDIAN passport while he was in India without an issue. I also took an certificate of entitlement (CoE) to right of abode (RoA) for my Son as we always wanted to retain his Indian passport until he becomes 18yr.

Since then he moved to UK and stayed with me and now as the passport is expiring in 04/2024 I would like to renew it but faced the above issue.

As I understand the child must derived his/her citizenship from either parents. As her mother is still Indian and holding Indian passport the child still qualifies for Indian citizenship. Am I correct?

secondly my Son was born in India, so by birth also he can be entitled to Indian citizenship if either of his parents are Indian. ?

The problem is the Right of Abode(RoA) is linked to the passport i-e when passport expires the RoA expires.

Now I am really worried what will happen as both his passport and VISA/RoA are expiring in April 2024. Does he mandatorily need to go back to India? Is he become stateless..!!!

Could some please advise if someone has faced this issue and how to deal with this ?

I would really appreciate your help with this.

[Sultan76]

Hi same situation here father British mother Indian . under 18 kids passport expiring next month. emailed to HCI London but they said we are waiting for further clarification from MEA .
Don't know what to do.
Did you get any response from anyone.. please update.
Thanks.

[CR001]

Now I am really worried what will happen as both his passport and VISA/RoA are expiring in April 2024. Does he mandatorily need to go back to India? Is he become stateless..!!!

He is NOT stateless. If he has RoA, then why not simply apply for a british passport as presumably he was born after you became British and is therefore british by descent. Then apply for OCI etc.

Note RoA is NOT a "visa".

[sparida2525]

Now I am really worried what will happen as both his passport and VISA/RoA are expiring in April 2024. Does he mandatorily need to go back to India? Is he become stateless..!!!

He is NOT stateless. If he has RoA, then why not simply apply for a british passport as presumably he was born after you became British and is therefore british by descent. Then apply for OCI etc.

Note RoA is NOT a "visa".

Hi CR001,

Thanks for your quick response. Yes I am thinking the same as a last option. But our first preference was to retain his Indian passport until he become 18yr.

But is there any other way, can he continue to stay in UK even after his passport and RoA expired in April.? While I chase up with MEA to get approval.

[sparida2525]

Hi same situation here father British mother Indian . under 18 kids passport expiring next month. emailed to HCI London but they said we are waiting for further clarification from MEA .
Don't know what to do.
Did you get any response from anyone.. please update.
Thanks.

Hi, Did you check with HCI about which passport a minor will hold if they do not renew his Indian passport and he does not quality for British passport?

Link to the HCI page where the there is an update ... https://www.hcilondon.gov.in/page/passport-for-minors/

The rule being referred is of 1955 i-e not new rule, but this process is NEW while applying passport. I am sure thousands would have the same situation previously but no issues before...... So definitely something wrong hear.

This is really very confusing situation...!!

[kihiq2024]

Hi,

I am also facing the same situation, went to CGI, Edinburgh and they have also said, checking with MEA. However, this issue seems to be there from last year and there is no resolution yet. I don't think any solution will be given in foreseeable future and my son became stateless.

So, if you're son eligible for British citizenship, you can apply.

Thanks,
KAI

[Sultan76]

I am Birmingham based and HCI London said contact to CGI Birmingham I contact CGI Birmingham they replied this. But nothing clear.
Dear Sir/Madam,

As of now we are not accepting applications where one of the parent is a foreign national as per directions from the Ministry. We are awaiting further clarifications on the subject. For further information please visit www.hcilondon.gov.in

Regards,
Passport Section,
Consulate General of India
Birmingham

[sparida2525]

Hi Moderators,

I was searching forum and found the below thread where I can see the same issue was/is in discussion since mane years. That means this issue is since there long time but HCI never objected to issue passport to minors when one of their parents acquire foreign passport but now.

other-countries/section-8-2-in-indian-c ... 37261.html

Even can see some people replied in the above thread that they have got written confirmation on the same from HCI,London that a minor does not loose his Indian citizenship even if one parent acquire British citizenship....

I have asked HCI via email and waiting for reply. Do we have any other way to approach them to get the things is writing.

[notknown1]

I am in same situation wherein myself(Father) is having British passport and Mother having Indian passport. Our daughter aged 9 Indian passport is expiring in May 2024.

I had visited VFS Birmingham on 22nd Feb. To our surprise VFS refused to accept the application stating that they have been instructed not to accept minor passports renewals wherein one parent is holding foreign nationality.

I had also visited CGI Birmingham but they too said that they are waiting for Ministry of external affairs directions.

VFS informed that this has happened towards end of January 2024.

Not sure of who can help.

[Sultan76]

Hi. If anyone get any information please share.
Thanks.

[Sultan76]

I am in same situation wherein myself(Father) is having British passport and Mother having Indian passport. Our daughter aged 9 Indian passport is expiring in May 2024.

I had visited VFS Birmingham on 22nd Feb. To our surprise VFS refused to accept the application stating that they have been instructed not to accept minor passports renewals wherein one parent is holding foreign nationality.

I had also visited CGI Birmingham but they too said that they are waiting for Ministry of external affairs directions.

VFS informed that this has happened towards end of January 2024.

Not sure of who can help.

Hi did you get any information.

[neti1]

https://timesofindia.indiatimes.com/ind ... 756174.cms

[kihiq2024]

https://timesofindia.indiatimes.com/ind ... 756174.cms

Scenario looks like applicable for us , as one parent is holding foreign national passport. However, the judgement refers to the section 9 of the citizenship act but not to the Section 8(1).
There is a fundamental difference between section 8 and section 9.

Section 8 - by birth or any other means and we have renounced it
Section 9 - acquired the citizenship by naturalization and terminated it

So not sure MEA or passport officials will give passport for us on that ground.

Thanks,
KIA

[Sultan76]

Hi. Do we need to contact HCI London about Delhi high court's decision.or wait to any update from MAE.
Thanks.

[kihiq2024]

Hi. Do we need to contact HCI London about Delhi high court's decision.or wait to any update from MAE.
Thanks.

Hi,
I had already contacted High commission, Edinburgh for the same and no replies. However, you can contact HCI as well.

Thanks, KIA

[neti1]

https://timesofindia.indiatimes.com/ind ... 756174.cms

Scenario looks like applicable for us , as one parent is holding foreign national passport. However, the judgement refers to the section 9 of the citizenship act but not to the Section 8(1).
There is a fundamental difference between section 8 and section 9.

Section 8 - by birth or any other means and we have renounced it
Section 9 - acquired the citizenship by naturalization and terminated it

So not sure MEA or passport officials will give passport for us on that ground.

Thanks,
KIA

Not sure, i think there is/should be distinction

when if full age person had 2 citizenships by some other reason than naturalization (eg: conquest, by birth in diff country... etc) and then that person renounce Indian citizenship. in this case the trigger for termination isn't invoked by voluntary action on behalf of the person... and yet full age person needs to comply with Indian law in order to travel in and out of India so trigger is renunciation.

and another case is
when full age person voluntarily acquires citizenship of another country by naturalization or by applying for passport; in this case the moment voluntary action takes place - person ceases (is terminated) to be Indian citizen so trigger is termination

I don't get 2 things in this.

1. Why full age person who already lost citizenship in section 9 needs to again renounce it ?

2. Why underage child is part of any of this, CA-955 accepts very clearly the possibility of child having multiple citizenships and the fact that within 6 months of attaining full age, person must renounce all other nationalities if that person intends to keep Indian citizenship !

so I don't see point of this enforcement; renunciation certificate is not required for child anyways (since below age 18 person should not be able to renounce citizenship)

It is very stupid or even a very bad way to declare that child isn't fully Indian because one of their parent has been stupid... I mean until 18 years child is as good as every other Indian by Indian constitution itself and should be treated as such !!

( I am not lawyer or hold any legal qualification, above detail is only a personal opinion)

[Sultan76]

Hi. Do we need to contact HCI London about Delhi high court's decision.or wait to any update from MAE.
Thanks.

Hi,
I had already contacted High commission, Edinburgh for the same and no replies. However, you can contact HCI as well.

Thanks, KIA

Hi. There is a good news. Now they tracking applications. Confirm with VFS and counslate general of Birmingham.

[Sultan76]

Hi. Do we need to contact HCI London about Delhi high court's decision.or wait to any update from MAE.
Thanks.

Hi,
I had already contacted High commission, Edinburgh for the same and no replies. However, you can contact HCI as well.

Thanks, KIA

Hi. There is a good news. Now they tracking applications. Confirm with VFS and counslate general of Birmingham.

@taking application.
Thanks

[kihiq2024]

Hi. Do we need to contact HCI London about Delhi high court's decision.or wait to any update from MAE.
Thanks.

Hi,
I had already contacted High commission, Edinburgh for the same and no replies. However, you can contact HCI as well.

Thanks, KIA

Hi. There is a good news. Now they tracking applications. Confirm with VFS and counslate general of Birmingham.

@taking application.
Thanks

Hi,

Have you got any confirmation in written for the same? Reason is today morning Edinburgh consulate called me and said they are not taking it and still waiting for the confirmation from ministry of external affairs.

Kindly confirm.

Thanks,
KIA

[Sultan76]

Yes yesterday I emailed to CGI Birmingham and today morning they replied. Then I go to VFS Birmingham centre to confirm this they check my documents and said come to your apartment date which is earliest available is 9 of April.
Dear Sir,

You can submit your child's passport application at your nearest VFS center.

Regards,
Passport Section,
Consulate General of India
Birmingham

[kihiq2024]

Yes yesterday I emailed to CGI Birmingham and today morning they replied. Then I go to VFS Birmingham centre to confirm this they check my documents and said come to your apartment date which is earliest available is 9 of April.
Dear Sir,

You can submit your child's passport application at your nearest VFS center.

Regards,
Passport Section,
Consulate General of India
Birmingham

Thanks for the confirmation. Just I need one info. Have you renounced your Indian citizenship, means born as an Indian and renounced your citizenship. Reason for the ask is based on the different section only they are allowing it.

Thanks, KIA

[santanuwelcomesu]

Hi Sultan76
Can you pls share us with the email id pls and what contents have you emailed to them.
Hope the scenario is
1.Father -British citizen and holding a british passport
2.Mother -Holding an indian passport.
3.Child -Still minor and holding an indian passport which is due to expire soon

[santanuwelcomesu]

Yes yesterday I emailed to CGI Birmingham and today morning they replied. Then I go to VFS Birmingham centre to confirm this they check my documents and said come to your apartment date which is earliest available is 9 of April.
Dear Sir,

You can submit your child's passport application at your nearest VFS center.

Regards,
Passport Section,
Consulate General of India
Birmingham

Thanks for the confirmation. Just I need one info. Have you renounced your Indian citizenship, means born as an Indian and renounced your citizenship. Reason for the ask is based on the different section only they are allowing it.

Thanks, KIA

Hi KIA
when you say they are allowing in different section , can you please be a bit more elaborate
Regards
SN

[Sultan76]

Hi Sultan76
Can you pls share us with the email id pls and what contents have you emailed to them.
Hope the scenario is
1.Father -British citizen and holding a british passport
2.Mother -Holding an indian passport.
3.Child -Still minor and holding an indian passport which is due to expire soon

Yes I am British citizen by naturalisation.
Wife Indian citizen
Child still minor and holding Indian passport.
The email id is.
cons2.birmingham@mea.gov.in

[santanuwelcomesu]

Hi Sultan76
Can you pls share us with the email id pls and what contents have you emailed to them.
Hope the scenario is
1.Father -British citizen and holding a british passport
2.Mother -Holding an indian passport.
3.Child -Still minor and holding an indian passport which is due to expire soon

Yes I am British citizen by naturalisation.
Wife Indian citizen
Child still minor and holding Indian passport.
The email id is.
cons2.birmingham@mea.gov.in

Thanks for sharing all the details @sultan76
Regards
SN