366. Effect on minor children

when parent renounces Indian

Citizenship

Q: Hello Mr VK Chand, Can you please answer this question for me? I will be applying for my Australian Citizenship soon, but planning to live in India after obtaining it. However my Kids are minor always lived in India with my wife and all of them got Indian passport and Australian Residency. Only myself want to get Australian citizenship Will, me giving up my Indian citizenship and acquiring Australian citizenship affect my kids Indian citizenship. They depend on my wife and my wife got Indian citizenship. Can you please send me a copy of the answer by email as well and let me know when the answer in posted. Thanks, Tarsem Tiwana A. When you acquire Australian citizenship, you will have to renounce your Indian citizenship formally. As per section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, any minor child of that person also loses Indian citizenship from the date of renunciation. After you acquire Australian citizenship, you will require a visa to visit India. To get an Indian visa, the concerned Indian consulate will ask you for a renunciation/passport surrender document. Renunciation of Indian citizenship is normally done by filling in 'FORM XXII' ([See rule 23 (1)] The Citizenship RULES, 2009) When you fill the form, question 4 and 5 are shown below: 4. I hereby renounce my citizenship of India and surrender my Indian Passport No…………………………… with date of issue…………… 5. Name and full particulars of minor children who are Citizens of India, if any………………………………………………………………………... Hence, you will have to provide the names of your children when renouncing your Indian citizenship. Now reverting back to the rule 'If an adult makes a declaration of renunciation of Indian citizenship, any minor child of that person also loses Indian citizenship from the date of renunciation' you children will technically loose their Indian citizenship until they are eighteen years old and decide to reclaim their Indian citizenship. The effect on minors when only one parent gives up their Indian citizenship is not clearly stated and you should seek clarification on this from the Indian consulate in Australia. In my personal opinion, as long as your wife retains her Indian citizenship, you children can remain Indian citizens. However the appropriate authorities have the final say and you should seek clarification from the Indian consulate in your jurisdiction.