Immigration status for child born in India and father obtaining UK citizenship afterwards

amjad_a wrote: ↑

Thu Sep 05, 2024 12:47 pm

Dear All,

My daughter was born in India in 2020 (during the first wave of Covid pandemic). I returned to the UK and subsequently gained UK citizenship in 2023. My daughter and wife remained in India to complete my wife's studies and is planning to join me in the UK later this year.

As I was about to surrender my Indian passport I saw a notification on the the Indian website (https://indiancitizenshiponline.nic.in/Renounce) that if EITHER the father or mother ceases to be an Indian citizen the minor child automatically ceases to be an Indian citizen.

1. Would my child be eligible for UK citizenship (as far as I am aware she wouldn't be as I was not a British citizen when she was born and that she was born outside the UK) Your assumption is correct. She isn't British.

2. If she automatically ceases to be an Indian citizen, even though my wife is still an Indian citizen, and she is not eligible for British citizenship is she going to be stateless? TBH, that's a problem with the Indian citizenship laws. There's been a case like that on the forum where child can't get Indian passport. But, that isn't a problem for the British government. You might need to consult an Indian immigration lawyer.

Any help/advice would be greatly appreciated.

Many thanks.

amjad_a wrote: ↑

Thu Sep 05, 2024 12:47 pm

As I was about to surrender my Indian passport I saw a notification on the the Indian website (https://indiancitizenshiponline.nic.in/Renounce) that if EITHER the father or mother ceases to be an Indian citizen the minor child automatically ceases to be an Indian citizen.

You need to submit your Indian Passport. But, according to below link renunciation is no longer mandatory
https://cgibirmingham.gov.in/page/display/353

But of course it is best you call the consulate to check the current rules as applicable to you.

2. If she automatically ceases to be an Indian citizen, even though my wife is still an Indian citizen, and she is not eligible for British citizenship is she going to be stateless?
The HCI in UK is currently processing Indian Passport renewals for children in similar situations, but unfortunately we don't have clarity of what will happen in the long run.

Any help/advice would be greatly appreciated.

I have consulted a lot of people regarding this in India & UK - legal, Passport agents etc. Nobody seems to have much clarity on this. Since your family is in India, I would suggest you try applying for a Passport or renewing your kids Passport as usual. Since the HCI is processing this in UK, it should be fine in India too.