Indian Passport for kid with Indian Mom and British Dad (OCI

[raokartik]

Hi Guys,

I am a british citizen and have an OCI (Overseas Citizen of India), my wife has an Indian Passport. We recently had a baby a few weeks ago. We intend to go back to India, so ideally we would like to apply for an Indian Passport for the baby and Right of Abode in UK. Could you let me know the steps involved.

I read somewhere that we have to have proof that the baby has not become a British citizen. If we get the proof can the baby later become a British Citizen once he wants to.

Thanks.

[ouflak1]

Hi Guys,

I am a british citizen and have an OCI (Overseas Citizen of India), my wife has an Indian Passport. We recently had a baby a few weeks ago. We intend to go back to India, so ideally we would like to apply for an Indian Passport for the baby and Right of Abode in UK. Could you let me know the steps involved.

I read somewhere that we have to have proof that the baby has not become a British citizen. If we get the proof can the baby later become a British Citizen once he wants to.

Thanks.

This is what the Ministry of Home Affairs says:

"A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period."

So you can go ahead register the new baby (congrats!) and simply make a statement that you have not acquired a passport from another country for the child, something you'll likely have to sign and date and swear and affirm. Link - Acquisition

The wording of this law is very curious though, and leaves open some interesting loopholes, as having a passport from a country does not necessarily mean one has citizenship of that country, and one can be a citizen of a country and never acquire a passport from that country. Also, the wording specifically says 'his'. So what happens if it is a girl?

[ban.s]

The wording of this law is very curious though, and leaves open some interesting loopholes, as having a passport from a country does not necessarily mean one has citizenship of that country, and one can be a citizen of a country and never acquire a passport from that country. Also, the wording specifically says 'his'. So what happens if it is a girl?

Not sure how you found the loopholes!

passport is a travel document and holding passport of a country does mean citizenship of that country.

yes, one can be citizen of a country without ever holding any passport. This particular law gives benefit to a child that has automatically acquired foreign citizenship but has not exercised that right by acquiring a passport.

lastly, Laws are not always written in a gender neutral language and masculine style rules predominantly - but rest assured - they apply to both.

[ouflak1]

passport is a travel document and holding passport of a country does mean citizenship of that country.

No it doesn't. The British passport eligibility website list several groups of people who are eligible to hold UK passports who are not British citizens. My own country grants 'nationality' status to those born in certain outlying possessions. Their passports have special denotations regarding their non-citizenship status.

I wouldn't be surprised if most countries have definitions of peoples who are allowed to hold passports though they are not citizens, especially the European countries.

*I was being facetious about the 'his' wordage, meant to be taken as a humorous thinly veiled knock on India's stereotypical paternalistic/misogynistic attitudes.