Q668. OCI for foreign born child

where both parents are Indian

citizens

Question: Dear Mr. Chand, Your website is very informative. Thank you for your time. Can you shed some light on this please. 1. Can the children born in Canada now over 18 years with Canadian passports apply for OCI on their own when their parents are Indian nationals with Indian valid passports holding PR Cards(NRIs)? Children were just endorsed on parents passports but no Indian passports were applied. Consular OCI information is inconclusive and confusing. 2. If so, what are the documentation requirements for OCI? 3. What are the verifiable proof of residence/address of parents and when applying for a PIO card for a child under 18 and adult children? The PIO information is not conclusive. Your clarification is appreciated. Thank you, fonse Answer: Regarding your questions: • Foreign born children of Indian parents can apply for OCI independently once they reach the age of majority. o Foreign born children below the age of 18 where both parents are Indian citizens cannot apply for OCI but are eligible to apply for PIO card. o According to Article 1 of the Convention on the Rights of the Child, "a child means every human being below the age of eighteen years" India is a signatory to the Convention on the Rights of the Child (CRC), 1989 o In India the age of majority is attained at 18 years of age. • You mention that children were endorsed on Indian passports but no Indian passports were applied for. Endorsing on parents passport is technically getting a Indian passport for the child. • Several years ago, endorsement of child’s name in parents’ passports was allowed, children who were endorsed on parents passport could travel on their parents passport as long as the parent on whose passport the child was endorsed on, also traveled with the child. This is not allowed anymore. Now even newborn babies are required to have separate passports. • Even though a foreign born child was issued a Indian passport, on reaching age of maturity, Indian citizenship can be renounced and foreign passport of the country of birth can be taken. • The main documentation required to apply for OCI in the case of a Canadian born child, who is now over 18 years old would be the applicants valid Canadian passport and proof of Indian origin which could be copies of parents Indian passport. • Documents required with OCI applications are listed on Indian Consulate websites, here is a link to the Toronto Canada Indian Consulate OCI document checklist page for your convenience: http://www.cgitoronto.ca/content/oci-checklist • I doubt if your minor children who were endorsed on their parents Indian passport will be eligible for PIO card until they get their own Canadian passports. As per rules: • Applications for children born to Indian parents in Canada must be accompanied by (i) the child's Canadian passport, (ii) original birth certificate mentioning the names of the parents and (iii) both parent's Indian passport, PR Cards, Landing Papers, Citizenship Certificates and copies of all these documents. • Address shown on driver licenses in Canada I believe are one of the best forms of acceptable proof of address in Canada. Bank statements, utility bills etc perhaps may also be used to show proof of address of parents.