Options for parents of children

born abroad

Select Indian citizenship for child or not . . .

When a child is born abroad to Indian parents in countries with the principle of Jus soli, which means that citizenship is acquired by birth in that country. Parents sometimes have to make a decision of whether to choose Indian citizenship for their new born child or apply for a passport for their child from the child’s country of birth. Under the principle of Jus soli, the child automatically becomes a citizen of the country of birth.

Options

1. Chose citizenship of country of birth or 2. Register birth of child at Indian Consulate and opt for Indian passport

If Indian passport is the route taken.

• Cannot get passport of country of birth because India does not allow dual citizenship. • India does not allow dual citizenship, hence parents have to give an undertaking to the Indian authorities that they will not seek a passport of the country of birth for their child

Things to consider:

By way of example, let’s say a US born child’s parents register the birth of their child and get an Indian passport for their baby. Even though the child has only an India passport, technically the child also continues to be a citizen of the United States by birth. US citizenship is for life until renounced and renunciation is generally not possible until the age of majority. This is the reason the Indian consulate requires an undertaking that on reaching age of majority, US citizenship will be renounced. If on reaching age of majority US citizenship is not renounced within six months, then the person holding Indian passport will lose their Indian citizenship. For those interested, the cost of renouncing US citizenship is currently US$2,350. What it will be in 15 or 18 years is unknown. Parents should consider all their options and make an informed decision based on their own priorities. From the number of emails that I get regarding this issue, it appears that many parents are considering Indian citizenship for their child due to their concern that NRI children may be charged higher tuition fees in India. Parents should look at the entire picture before making a decision. A final point to keep in mind is that even if Indian citizenship is not acquired or registration of birth at Indian consulate not done. The path for acquiring Indian citizenship does not close for your child when the are of majority age. There are other paths to Indian citizenship, for instance, OCI holders are eligible to apply for Indian citizenship after five years.

Points to consider

1. What applies today in rules and regulations may change over time. 2. Indian citizenship has its merits, but don’t underestimate the value of holding foreign citizenship. 3. If you opt to keep foreign citizenship for the child, then OCI is the best option. As more benefits are announced in future by the government of India, 4. A US born baby with Indian passport will not have any problems traveling to India, however returning to USA may lead to issues. See below: a. US authorities will not issue a visa to one of their own citizens! No country issues a visa to their own citizens. b. US authorities may insist the child obtain a US passport. c. If a US passport is taken for the child, then Indian passport would become illegal and need to be surrendered as India does not allow its citizens to hold passports of two countries at the same time. d. Parents will have to convince the US consulate in India to issue an entry visa so their US born child can travel to USA. [If any parent has been though this procedure kindly share your experience with others who may face a similar situation. Email us at Faqnri@gmail.com]

Registration of birth of a minor

child at an Indian Consulate

How to register birth of a minor child born abroad at Indian consulate . . . Birth registration of children born abroad to Indian parents should be done with one year of birth of the child. Registration of birth of a child abroad is done under section 4. Which states that a person may submit an application for registration of birth of his minor child born outside India in terms of sub- section (1) of section 4 in Form I to the Indian consulate in the country, where such child was born, together with a declaration that the child does not hold the passport of any other country. The online registration procedure is shown below. Step by step procedure 1. Go to Ministry of Home Affairs Website: http://indiancitizenshiponline.nic.in/ic_form_p ublic.aspx 2. Select the option “Registration of birth of a minor child at an Indian Consulate under Section 4(1) of the Citizenship Act, 1955” o Read instructions and keep the documents mentioned ready for uploading before proceeding. 3. Click ‘Apply Online’ 4. Fill the online Form [in capital letters] 5. Submit the filled form [Verify that information is filled correctly before submitting] 6. Once submitted, a Ministry of Home Affairs [MHA} File number will be generated automatically and will appear on the screen as an acknowledgement. – Note the File number for your records & future reference. 7. Upload the relevant documents supporting the application for registration. 8. Click the Print application tab in the menu. Applicants will need to enter their MHA File Number [mentioned above] as an identity to access the submitted application. If entered correctly, application form in PDF format will be shown and can be printed. 9. A recent passport size photograph of the applicant has to be pasted [not stapled] in the spaces provided on the printed Form 10. Parents / legal guardians of the child must sign in the column prescribed for them in the Form. 11. After submission of the application online, the applicants are required to submit hard copy of the online application form duly signed by the applicants in the space provided for signature and other supporting documents in original along with a self-attested photocopy set of the original documents at the Indian Consulate Office that applies to their jurisdiction. When submitting documents, the originals are returned to the applicant after verification and copies kept by the consulate. 12. The parents also submit: o a duly signed declaration form referred to as Part II. [Sample Form] o Passport of both the parents o In case of Indian Passport Holders: Valid passport in original of both parents and self-attested copies of first two and last two pages of the passport o In case one of the Parents holds Foreign Passport: Valid passport in original and self-attested copies of the passport pages containing personal particulars of the passport holder. o Birth certificate of child o Marriage certificate of parents o Proof of residence/visa status Applicable fee [Fee is approximately: £19.00 in UK Click HERE to view Fee & Form posted on SF Indian Consulate Site] If all documents are in order and accepted by the authorities then processing time is about two weeks. Readers are cautioned that many Indian consulates have outsourced some visa associated services and do may not accept documents directly. Rules and regulations are also changed from time to time by the concerned authorities. Check with the nearest Indian.

Mandatory requirement to apply

for Indian passport at time of birth

registration

Update: Indian consulates in USA now are advising applicants seeking birth registration of minors that ‘It is mandatory to apply for Indian passport of the Child along with registration of birth’

What’s changed?

Since India does not allow any person to hold an Indian passport while having citizenship of another country, the requirement to confirm that the parents would not seek or have not already acquired a foreign passport has always been the norm. The requirement to produce proof of having notified the US authorities of their intent to retain Indian passport for their child who is born in the US and not seek a US passport until he/she attains full age. Several years ago this required was unheard of. The reason for this requirement may be because US born children are considered citizens by birth whether or not a US passport is requested for a new born child. Minors continue to be US citizens even when they reach the age of majority unless they renounce their US citizenship upon attaining majority.

Countries where citizenship is

acquired by birth - Regardless of

parents status