How to Obtain Indian Citizenship for Your Child with a Non-Indian Passport?
1. Determine Eligibility
Your child may qualify for Indian citizenship under the following criteria:
a) By Descent:
- If at least one parent was an Indian citizen at the time of the child’s birth, the child is eligible for citizenship by descent.
- If the child was born outside India:
- For births before December 3, 2004: Citizenship is granted automatically if either parent is Indian.
- For births after December 3, 2004: The child is eligible if the birth is registered with an Indian consulate within one year of birth.
b) By Registration:
- If your child does not qualify for citizenship by descent but you, as a parent, are an Indian citizen, you can apply for Indian citizenship for the child by registration.
- This applies to children born abroad who are not automatically granted Indian citizenship.
c) By Naturalization:
- In rare cases, if your child has been living in India for a prescribed period and meets other conditions, citizenship by naturalization may apply.
2. Apply for Citizenship by Descent (If Eligible)
Step 1: Register the Birth with the Indian Consulate
- Visit the nearest Indian embassy or consulate if the child’s birth was not registered within one year.
- Provide proof of parent(s)’ Indian citizenship and the child’s birth certificate.
Step 2: Submit Documents
The following documents are typically required:
- Parent(s)’ Indian passport(s) or citizenship certificate(s)
- Child’s foreign birth certificate
- A declaration confirming the child’s descent eligibility
- Application form as specified by the consulate
Step 3: Obtain the Certificate of Citizenship
Once approved, the government issues a certificate confirming Indian citizenship by descent.
3. Apply for Citizenship by Registration
If the child does not qualify for citizenship by descent:
Step 1: Complete the Application
- Use Form 4 under the Indian Citizenship Act, 1955, available online or at the consulate.
- Provide details of parent(s)’ citizenship and the child’s current nationality.
Step 2: Submit Required Documents
- Child’s non-Indian passport
- Proof of parent(s)’ Indian citizenship
- Evidence of the child’s connection to India (e.g., residence, school enrollment)
Step 3: Pay Fees and Wait for Approval
- Submit the completed form and pay the required processing fee.
- Citizenship by registration is subject to government approval, which may take several months.
4. Renounce Current Citizenship (If Required)
India does not allow dual citizenship. Once your child’s application for Indian citizenship is approved, the following steps must be completed:
- Surrender the child’s current passport to the issuing country.
- Obtain a certificate of renunciation from the relevant foreign authority.
5. Obtain Indian Passport for Your Child
After acquiring Indian citizenship:
- Apply for an Indian passport through the Passport Seva Kendra or the Indian consulate.
- Provide the citizenship certificate, renunciation proof, and other supporting documents.
6. Special Cases
- OCI Card Alternative: If your child retains their non-Indian passport but has strong ties to India, consider applying for an Overseas Citizen of India (OCI) card. This provides lifelong visa-free travel and other benefits in India.
Conclusion:
Obtaining Indian citizenship for your child with a non-Indian passport is possible through descent, registration, or naturalization, depending on their connection to India and your status as a parent. Understanding the eligibility criteria and following the required steps will ensure a smoother process.
Consult with an immigration expert or reach out to the Indian consulate for personalized guidance to avoid delays or complications. This step will help secure your child’s rightful identity and strengthen their ties to India.