370. Foreign born minor children and Indian citizenship
Q: Dear Sir/Madam,
One of my friend Indian parents has delivered a baby in Australia and the baby now holds an Australian citizen since both
parents has Australian PR since 1 year.
Parents are getting separated and my friend(mother) came to home country india along with the child.
Please guide me how to get Indian citizenship or permanent stay in India for the minor child. Both parents are from Indian
Origin but getting to
separate.
Regards,
A Friend.
A. Indian parents who reside abroad, must register the birth of a new born child to the nearest Indian consulate and NOT
apply for a passport of the foreign country where the child was born. This helps in getting an Indian passport for the new
born child.
Since your friend has already left Australia and is now in India, the question that comes to mind is, was the birth of the child
registered with the Indian Consulate in Australia? Did the child travel to India on an Australian passport?
Birth registration of the child, if not already done should be done immediately. This will help ensure that the child can get
Indian citizenship when reaching the age of majority. I am not sure on what type of visa the baby traveled to India, you
should let your friend know that she must ensure that the legality of the child's visa in India stays valid, to avoid
complications at a later stage. I suggest your friend seek professional help in sorting this matter out.
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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