british citizenship and Indian laws for Minors

[maximux79]

Hi All, I have a query regarding British citizenship for minors. Myself, my wife and my child will be eligible for naturalisation in couple of months.

Right now, we decided to retain the indian nationality for my wife and I would go British nationality. My question lies with my child. I would like to retain Indian nationality for my child. Is it possible?

As per Indian immigration rules, any minor child looses its Indian nationality once the parent gains another nationality. In this case, only the father becomes british but the mother still retains Indian nationality.

Not sure how to interpret this rule? Any comments/clarifications on it pls.

thanks

[vinny]

When and where was your son born?
Before or after your ILR?

[maximux79]

Hi Vinny, My daughter was born in India (currently holding an Indian passport with IRL stamping on it) before my ILR.

Thanks

When and where was your son born?
Before or after your ILR?

[vinny]

There's no requirement for her to apply for British citizenship. It's entirely yours and her choice.

As per Indian immigration rules, any minor child looses its Indian nationality once the parent gains another nationality.

Do you have a link to the above rules?

If she does not apply for British citizenship, then would she lose her Indian citizenship in this case? If she loses Indian citizenship, then she would become stateless!

[maximux79]

The following is the section of "The Citizenship Act, 1955 Section 8"

Section 8 in The Citizenship Act, 1955
8. Renunciation of citizenship.
(1) If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.
1. Ins. by Act 65 of 1985, s. 2 (w. e. f. 7- 2- 1985 ).
(2) Where 1[ a person] ceases to be a citizen of India under sub- section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
(3) For the purposes of this section, any woman who is, or has been, married shall be deemed to be of full age.

There's no requirement for her to apply for British citizenship. It's entirely yours and her choice.

As per Indian immigration rules, any minor child looses its Indian nationality once the parent gains another nationality.

Do you have a link to the above rules?

If she does not apply for British citizenship, then would she lose her Indian citizenship in this case? If she loses Indian citizenship, then she would become stateless!

[vinny]

I'll move this thread to the "Other countries" section.

[vinny]

In your case, if you naturalised as British, then your Indian citizenship is automatically terminated under section 9. You haven't made a declaration of renouncement under section 8. Would section 8 still be applicable for your children?

[Jambo]

There is a difference between Renunciation of citizenship (section 8) and Termination of citizenship (section 9). If you apply for BC, it is considered Termination of citizenship and has no affect on your children.

See The citizenship act, 1955.

[maximux79]

Agreed, but when I go for naturalisation, I need to formally renounce India nationality by procuring a surrender certificate. So, either way one would come under Section 8 of renunciation and would affect their children;s indian nationality, even though they didn't apply for BC.

Pls comment if my interpretation is correct...

Thanks

There is a difference between Renunciation of citizenship (section 8) and Termination of citizenship (section 9). If you apply for BC, it is considered Termination of citizenship and has no affect on your children.

See The citizenship act, 1955.

[vinny]

Agreed, but when I go for naturalisation, I need to formally renounce India nationality by procuring a surrender certificate

Where does it say that?

[maximux79]

I believe thats the normal procedure, when you get naturalisation and British passport, we need to surrender the indian passport. Doesn't his mean renouncing Indian citizenship?

Thanks

Agreed, but when I go for naturalisation, I need to formally renounce India nationality by procuring a surrender certificate

Where does it say that?

[maximux79]

This may not be related to the question here, but a good guide for others.

Found this chart title "A comparative chart" from http://mha.nic.in/foreigDiv/OCI.html

This clearly explains the advantages/disadvantages of NRI/PIO/OCI status. Quite important to note is that on Economic/Financial/Educational fronts NRI/PIO/OCI are treated the same.

Cheers

[ban.s]

I believe thats the normal procedure, when you get naturalisation and British passport, we need to surrender the indian passport. Doesn't his mean renouncing Indian citizenship?

Thanks

No, you don't need to surrender Indian passport for naturalization as UK recognize dual nationality. However, you need to formally surrender your Indian passport within 3 months of naturalization otherwise you are liable for penalty upto £ equivalent of Rs 10000/-