125. How to get Indian Passport for baby born in Canada
Q: Mr. Chand,
I am an Indian citizen in Canada with my wife and we both hold Indian passports. I am here work and have a valid Canadian
work permit. We recently had a baby here in Canada and would like to know few things about citizenship.
1. I would like to get an Indian passport for my child and that essentially means Indian citizenship, since I am permanently going
back to India soon.
- The Indian consulate in Toronto does not have a set rule and procedure
for this.
- I was asked to get a letter from Canadian government stating that my
baby doesn't hold a Canadian passport. So, I have requested the same thru
a search.
Do you have any advise on this front?
2. Since my child is Canadian born, she is a citizen of Canada by birth and I
can not renounce her citizenship till she is 18 years of age. I am okay with
this if I can do the same after 18 years from India. But, will there be any
issue by Canadian government while she is in India, since Canada considers
her as a citizen?
3. (After acquiring Indian passport) Is there any procedure to follow if my
child wants to come back to Canada before the age of 18? like, can she
surrender her Indian passport in India, acquired Canadian passport in India
and travel? or does Canada provide any kind of travel document on Indian
passport without Canadian passport?
Appreciate any other information on this regard.
Best Regards,
Vinaya Alva
Answer: The Indian consulate in Ottawa, Canada clearly spells out the
requirements for getting a Indian passport for a baby born in Canada to
Indian parents. Here is an excerpt from their website on this topic:
NEW PASSPORT FOR A CHILD BORN IN CANADA OF PARENTS HOLDING
INDIAN PASSPORTS (source:http://www.hciottawa.ca/counsularservices.htm#PASSPORT)
(i) For the children born in Canada where the parents wish to obtain Indian passport for them, birth registration (Click HERE to
view Sample Form) with the Indian Mission is required before applying for passport for the newborn.
(ii) Application form (EAP-I) duly filled in and countersigned by both parents.
(iii) 3 identical, recent color photographs (3.5 cm x 3.5 cm), showing frontal view of full face against a light background.
(iv) Original record of landing or immigration document/PR card of the child, and of parents, with a photocopy.
(v) Declaration for non-acquisition of foreign nationality/Canadian passport for the child.
(vi) Birth certificate showing names of parents.
(vii) Consent of both parents for issue of Indian passport. Personal
appearance of the child may be required in some cases.
As for your question number two, I don't quite understand what you mean
by 'will there be any issue by Canadian government while she is in India,
since Canada considers her as a citizen?'
If your concern is that the Canadian government would have problems with
your daughter living in Indian as she is born in Canada, then you need not
worry. As long as both parents are agreeable and their is no child custody
dispute there should be no problem.
Canada in fact allows dual citizenship, where as India does not. As far as
renunciation of Canadian citizenship is concerned, your daughter will have
to decide when she reaches the legal adult age whether she wants to
renounce Canadian citizenship. Parents cannot do this for their children.
Renunciation of citizenship, if decided upon can be done by filling the appropriate forms and paying the required fee even at the
Canadian consular offices in India.
Your third question is a tricky one! Your daughter once she goes to India on a Indian passport and wishes to travel back to
Canada, she will need a Canadian Visa. In her case she will not be able to get a Canadian visa as being born in Canada she
would be considered a Canadian citizen and citizens don't need visas to enter their country of birth. In such a scenario you
daughter would have to get a Canadian Passport to travel to Canada. This puts her Indian passport in jeopardy as India does not
allow dual citizenship and keeping two passports is illegal for Indian citizens. Things become simpler if your daughter stays in
India until reaching age of maturity and then decides what she wants to do.
I would suggest that you get a Canadian passport for your daughter, get her registered as an Overseas Indian Citizen (OCI)
before returning to India. This way she can travel freely and also live in India. On reaching age of maturity, she can decide what
she wants to do.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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