Q620. Indian citizenship for

minor child born in Canada. . .

Question: Hi Mr. Chand, I and my wife are both Indian citizens. We have been living in Canada for the past 5 years and have got Permanent Residency status here. Our child was born in Canada recently and we have so far registered his birth with the Canadian government. Since we are planning to move back to India soon, we are planning to get Indian citizenship for him. While I have read your answer for a similar case here: http://nriinformation.com/faq2/question125.htm, I have some more questions and it would be great if you could throw some light. If I get the Canadian passport as you've suggested for the other case mentioned above, and then move back to India immediately: i) When will my son be eligible to apply for Indian citizenship and Indian passport? Is it only after he reaches 18 years or is he eligible after living in India for 5/7 years? ii) And once he does get Indian citizenship, does he get *all* the rights/ benefits as a child born in India? Will there be any restriction for example in voting or contesting elections or assuming high offices? iii) In the meanwhile will he be considered as an NRI for educational purposes? Or specifically, should I have to pay the NRI fee for his education right from KG (even if we, the parents actually reside in India and earn in INR)? iv) I understand that he will be expected to pay higher fare in domestic flights and in Indian railways because of his PIO/ OCI status. Is that correct? Regards Baskaran Sankaran Answer: Regarding your questions: 1. While most countries do not allow minors to apply for or renounce citizenship, my understanding is that as per ‘Section 5’ of the Citizenship Act, under the Citizenship by registration category , minor children of persons who are citizens of India can apply for Indian citizenship after completing the residency requirements. Once you have acquired Indian citizenship, you may be able to apply for your minor children. 2. Anyone who gets Indian citizenship should be eligible to enjoy all the rights/benefits that other Indian citizens can avail. While the US constitution allows only natural born Americans to run for the office of President of USA, the Indian Constitution does not distinguish the rights of citizens on the basis of how they acquired citizenship, be it by birth, descent, registration, naturalization or incorporation of territory. 3. I doubt you will have any issues concerning NRI fees for junior classes once you reside in India permanently. There is no law that I am aware of that specifies that schools must charge NRI children higher fees. Whether you pay higher fee for your child or not, would generally depend on the school you choose. 4. Your understanding about paying extra fare for domestic flights or Indian railways is not correct! Everyone pays the same fare regardless of citizenship. Foreigners traveling in India on Indian railways are also allowed to avail discounts such as senior citizen fare discounts. The only place foreigners are required to pay more in India than local Indians is for entry to some monuments, museums etc.