307. Does minor loose Indian citizenship if parents acquire foreign citizenship?
Q: Dear Sir,
I have been looking at your website and it is great to have very useful and authentic answers to the questions OCIs and NRIs have.
Can you please answer this question for me?
I will be applying for my British passport soon, but planning to live in India after obtaining it. However my son who is a minor always lived in
India and only ever had his Indian passport.
Will, me giving up my Indian citizenship and acquiring British citizenship affect his Indian citizenship in anyway, as he is a minor.
Can you please send me a copy of the answer by email as well and let me know when the answer in posted.
Thanks in advance,
S.Kumar
A. As per Indian citizenship laws, when a person makes a declaration of renunciation of Indian citizenship, he loses Indian
citizenship and additionally, any minor child of that person also loses their Indian citizenship from the date of renunciation.
Since only adults can renounce Indian citizenship, there is a provision that allows the child, when they reach the age of
eighteen, the right to apply for and resume Indian citizenship.
Renunciation of citizenship is covered under Section 8 of the Citizenship Act 1955. Applicable parts of which are reproduced
below for your information.
1. If any citizen of India of full age and capacity, makes in the prescribed manner a declaration renouncing his Indian
citizenship, the declaration shall be registered by the prescribed authority; and upon such registration, that person shall cease
to be a citizen of India.
Where a person ceases to be a citizen of India under sub-section (1) every minor child of that person shall thereupon cease to
be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration (in the
prescribed form and manner) that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.
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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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