Q.910 Indian citizenship for child

born in India & father is Nepali

citizen

Hi , I found this email from NRI information while I was browsing information regarding my child dual citizenship . I live in Dubai with my wife and so far she is in 5 months of pregnancy , I hold Nepalese passport while she holds Indian passport n my wife doesn’t want our new born child to have Nepalese passport . I m really concern on this matter cuz having Nepalese passport is already too much burden , too much unnecessary procedure to follow , and it’s a problem when coming back to Dubai if she goes to India with a child cuz then Indian airport will not allow and wants a legit paper works and my job is not stable enough to sponsor them .. please let me know if u have anything which I should know about this matter , it would be really helpful . Thank u . Regards SUDEJ RAI Answer: If your wife has an Indian passport, then obviously she is an Indian citizen. As per Indian citizenship laws, A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if: • Both the parents are citizens of India or • One of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth. In the event your wife as an Indian citizen gives birth in India and you as a Nepali citizen do not fall into the category of being classified as an illegal migrant, then your new born child may be considered an Indian citizen by birth. An illegal migrant as defined in section 2(1)(b) of the Act is a foreigner who entered India without a valid passport or other prescribed travel documents; or entered India with a valid passport or other prescribed travel documents but remained in India beyond the permitted period of time.

Nepali citizens entering India visa

rules

My understanding is that Nepali citizens do not require a visa to enter India if they are coming to India from Nepal. All they require is acceptable documentation to establish their identity as a Nepali citizen. Nepali passport would be required if: 1. In case they are not coming from Nepal directly and arriving in India from another country, then they would need a Nepali passport. 2. A citizen of Nepal entering India from China must have a Passport and Visa for India.