Q.1104 Visa for child born in India to Indian father & Brazilian mother
Question: Hello,
I would like to know how to proceed when a foreigner has a child in India of Indian father and Brazilian mother, but the
mother does not have the permanent visa?
Answer: According to Citizenship rules a person born in India after December 3, 2004 is considered a citizen of India by
birth if:
Both the parents are citizens of India
Or
One parent is a citizen of India and the other parent is in India in a legal capacity. (Having valid visa)
Where father is an Indian citizen and the mother is not, then the option for the mother to get a permanent visa would be
to apply for registration as an overseas citizen of India (OCI)
The child born in India to a Brazilian parent may also have the option to claim Brazilian citizenship. If this is something that
may be of interest, then the parent should register the birth at any Brazilian consular office.
Foreigner Regional Registration Office [FRRO] in India can be contacted for advice as to the best way to proceed or seek
guidance from an immigration lawyer.
Information
by Virendar Chand
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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