As per law citizenship is the right of each citizen of India. So if parenta surrender their citizenship then it does not effect citizenship of children. On attaining majority children shall have to decide and opt their citizenship within three months thereafter.
Citizenship act
I have a question regarding citizenship act. We are Indian family of 4 living in UK. If I plan to renounce my Indian citizenship and go for British citizenship will that automatically cease my children's (age 11 & 17) Indian citizenship? We want to maintain their Indian citizenship. Is it possible that one of the parents can take other nationality and other parent and children can keep Indian nationality. Hope my query is clear, because I just read somewhere (2) Where 2 [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 3 [in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. Please advise!
Asked 1 year ago in Civil Law
9 Answers
if parents renounce Indian citizenship then minke children also cease to be Indian citizens
On attaining full age, your child can apply for resumption of Indian citizenship under provisions of Section 8 of the Citizenship Act, 1955 and Rule 24 of the Citizenship Rules, 2009.
Indian citizens desiring to renounce the citizenship of India may please note that if any person(either FATHER OR MOTHER) ceases to be a citizen of India under sub - section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India under sub - section(2) of Section 8 of the Citizenship Act, 1955.However, such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship.
If your child has Indian citizenship already it will not cease. Otherwise they need to be Indian citizens leaving uk citizenship they can’t keep both. Else thay can be oci and British citizens
I can refer to this act from https://indiancitizenshiponline.nic.in/UserGuide/Citizenship_Act_1955_16042019.pdf 8(2). But they have not mentioned if either of the parents is Indian then what would be the status of the minor child who already holds an Indian citizenship? How will they cease his citizenship because he is just holding Indian nationality no other nationality. Suppose If mother takes British citizenship and father is still an Indian national so what would be minor child's nationality? And if child is Indian citizen, after his either of parents (mother or father) renounces Indian citizenship will that child be stateless(as per this law). Do we have to apply other nationality for him? Please guide.
Asked 1 year ago
Reply has already been given. It is to be seen as to where and when child was born? If a child was born in either country, then irrespective of his parent's citizenship, the child would be a citizen of that country where he was born but since his parents are Indian then after attaining majority child shall have to opt his citizenship from either of the country. Citizenship is an individual right of an individual. If required consult with detail for professional consultancy.
as per citizenship act if person takes foreign citizenship then minor loses Indian citizenship. it would be applicable if both parents renounce Indian citizenship
2) if father continues to remain Indian citizen child should not lose Indian citizenship
such child may, within one year after attaining full age, make a declaration in the prescribed form and manner that he/she wishes to resume Indian Citizenship.
The law is common for all
Dear client
According to Section 8(1) of the Indian Citizenship Act, 1955, if an Indian citizen voluntarily acquires the citizenship of another country, then he/she ceases to be an Indian citizen. This provision applies to all Indian citizens, including minors.
However, there is a provision in Section 8(2) that allows a minor child of an Indian citizen who ceases to be an Indian citizen to resume Indian citizenship within one year after attaining the age of majority (i.e. 18 years old). The minor child can do so by making a declaration in the prescribed form and manner.
In the case you have mentioned, if you, as a parent, renounce your Indian citizenship and acquire British citizenship, then you will cease to be an Indian citizen. However, your children's Indian citizenship will not automatically cease. They can continue to hold Indian citizenship if they choose to do so.
If one parent renounces Indian citizenship and the other parent and children wish to retain Indian citizenship, it is possible for the children to continue to hold Indian citizenship. The children will not automatically lose their Indian citizenship, but they will have to make a declaration to resume their Indian citizenship within one year of attaining the age of majority.
It is important to note that the Indian government does not recognize dual citizenship. Therefore, if your children choose to retain their Indian citizenship and you acquire British citizenship, then they will have to travel to India on their Indian passport, and you will have to travel to India on your British passport.
In the case where a child holds only Indian citizenship, and both parents renounce Indian citizenship, then the child will not automatically become stateless. The child can either choose to retain their Indian citizenship or apply for the citizenship of the country where they reside, depending on the laws of that country.
It is always advisable to seek legal advice from an immigration lawyer or Indian embassy/consulate before making any decisions related to citizenship.
They will not cease unless he himself renounces it for other citizenship. He can continue to be Indian Citizen