Which passport to opt for Canadian born baby to Indian Parents

[Sunny2015]

Me and my wife are Indian citizens (hold Indian passports) currently staying in Canada both having a valid Canadian work permit. We are expecting a child to be born in November this year in Canada and would like to confirm on few points regarding citizenship of baby and its consequences.

1. Should we get Indian or Canadian passport for the baby, (as we want settle in India permanently and do not plan to come back to Canada). What are the pros and Cons of both these options?
2. If we choose Indian passport, will my child be able to reclaim the Canadian citizenship when he/she reaches 18 years of age?
3. If we choose to take Canadian passport, will he/she be able to claim Indian citizenship ever after based on parents having Indian citizenship?

I saw few related threads but could not get answers to all my queries. Please help

 

[vinaypuri]

Me and my wife are Indian citizens (hold Indian passports) currently staying in Canada both having a valid Canadian work permit. We are expecting a child to be born in November this year in Canada and would like to confirm on few points regarding citizenship of baby and its consequences.

1. Should we get Indian or Canadian passport for the baby, (as we want settle in India permanently and do not plan to come back to Canada). What are the pros and Cons of both these options?
2. If we choose Indian passport, will my child be able to reclaim the Canadian citizenship when he/she reaches 18 years of age?
3. If we choose to take Canadian passport, will he/she be able to claim Indian citizenship ever after based on parents having Indian citizenship?

I saw few related threads but could not get answers to all my queries. Please help

I know for sure that India does not allow dual Citizenship but your child will always be Canadian Citizen by birth. Now, I am not sure if you have to renounce Canadian Citizenship in order to get Indian Citizenship/passport?

 

[Sunny2015]

I know for sure that India does not allow dual Citizenship but your child will always be Canadian Citizen by birth. Now, I am not sure if you have to renounce Canadian Citizenship in order to get Indian Citizenship/passport?

Yes the parents have to sign a Declaration for non-acquisition of foreign nationality/Canadian passport for the child to get a Indian passport
Child will only be able to renounce the Canadian citizenship when he/she reaches 18 years of age but I am not sure whether at that time Canada will provide the child with Canadian passport in case he/she is willing to come back to Canada by giving up Indian passport.

 

[poison]

India does not support dual citizenship. You will have to register your child's birth with Indian consulate within one year of the birth. Since both of you are citizens, you can opt Indian citizenship for your child. However, birth certificate will be issued from Canada but MUST BE registered with Indian consulate. Having said this, your child will hold Canadian birth certificate and is a citizen by default. But by registering the same with Indian government will make him/her eligible for Indian citizenship. In future (after 18 years), if your child want to come back to Canada and live here for good, he/she will have to give up Indian citizenship in order to acquire Canadian.

Hope it helps.

Further info: http://en.wikipedia.org/wiki/Indian_nationality_law

 

[Sunny2015]

Better option is go for Canadian passport and OCI for India visits.

Is it good for the child to stay and pursue entire career in India being a non-citizen (having OCI card only) ?
Will the child ever be able to claim Indian citizenship based on Indian citizenship of parents?
I know that non-citizens in India cannot opt for few educational institutes like IIT etc...so being concerned here

 

[Sunny2015]

India does not support dual citizenship. You will have to register your child's birth with Indian consulate within one year of the birth. Since both of you are citizens, you can opt Indian citizenship for your child. However, birth certificate will be issued from Canada but MUST BE registered with Indian consulate. Having said this, your child will hold Canadian birth certificate and is a citizen by default. But by registering the same with Indian government will make him/her eligible for Indian citizenship. In future (after 18 years), if your child want to come back to Canada and live here for good, he/she will have to give up Indian citizenship in order to acquire Canadian.

Hope it helps.

Thanks Poison.
Just one more doubt. If we get Indian passport and the child stays in India, will Canada still consider the child as Canadian citizen based on Canadian birth certificate, meanwhile child still holding Indian passport?
As Canada allows dual citizenship, I was wondering if the child can avail benefits of being Canadian citizen without having a Canadian passport?

 

[alphazip]

Thanks Poison.
Just one more doubt. If we get Indian passport and the child stays in India, will Canada still consider the child as Canadian citizen based on Canadian birth certificate, meanwhile child still holding Indian passport?
As Canada allows dual citizenship, I was wondering if the child can avail benefits of being Canadian citizen without having a Canadian passport?

Canada will always recognize the child as a Canadian citizen unless he/she renounces citizenship as an adult. The child can get a passport at any time, no matter whether an Indian passport is held or not. In other words, Canada doesn't concern itself with India's non-recognition of dual citizenship. So, for example, if he/she decides at age 22 to move to Canada, that is not a problem on the Canadian side. All of the problems are on the Indian side, so you will have to see what is necessary to conform with India's requirements.

 

[alphazip]

In future (after 18 years), if your child want to come back to Canada and live here for good, he/she will have to give up Indian citizenship in order to acquire Canadian.

Clarification: If you mean that Canada will not allow the child to "acquire" Canadian citizenship unless he/she gives up Indian citizenship, that is not correct. Canadian citizenship is acquired by birth in Canada and doesn't end unless renounced. Canada doesn't care about a person's other citizenships, just the Canadian one. It is up to India to enforce its own citizenship rules.

 

[sudanese one]

Indian Passport

 

[ttrajan]

If you want to settle in India then go for Indian passport.

 

[Sunny2015]

Canada will always recognize the child as a Canadian citizen unless he/she renounces citizenship as an adult. The child can get a passport at any time, no matter whether an Indian passport is held or not. In other words, Canada doesn't concern itself with India's non-recognition of dual citizenship. So, for example, if he/she decides at age 22 to move to Canada, that is not a problem on the Canadian side. All of the problems are on the Indian side, so you will have to see what is necessary to conform with India's requirements.

Thanks a lot alphazip. This really very helpful info.
So based on these facts, it seems to me that it is better to go for Indian passport so that child doesn't suffers any partial treatment at any front and meanwhile we parents also need not to worry about paying any extra money for child's education (NRI/OCI quota etc). Also the child will have the option to select his/her citizenship once he/she reaches 18 yrs of age.
Please suggest if I am missing any other consequence that we must also consider before assuming this option to be better.

 

[cprak0]

The only thing additional that you might want to consider is that there's a proposal to stop automatic citizenship by birth to kids
born to parents when neither parents themselves are PR or citizens... if that comes through, most probably if the tories are back
to power yet again, then may be having a Canadian Passport for the kid might not be a bad idea after all.

 

[ttrajan]

Yes the rules may change any time?

 

[alphazip]

The only thing additional that you might want to consider is that there's a proposal to stop automatic citizenship by birth to kids
born to parents when neither parents themselves are PR or citizens... if that comes through, most probably if the tories are back
to power yet again, then may be having a Canadian Passport for the kid might not be a bad idea after all.

Even if Canada made the major change of not giving automatic citizenship based on birth on Canadian soil, it would not affect persons who are already Canadian citizens.

The only way the child in question would ever lose his/her citizenship is if the person, as an adult, renounces Canadian citizenship to Canadian officials. (Renouncing Canadian citizenship to Indian officials would have no effect in Canada.)

 

[alphazip]

Hi I know of a similar case where the son was born in another European country and his parents decided as patriotic citizens to get him an Indian passport and Indian citizenship. The kid remained an Indian and cant stop cursing his parents as he cant reverse his parents decision and now is a young man. Has been so bitter that he refuses to meet his parents now that he doesn't stay with them. Cursing his existence in India for whatever reasons !

Not sure what European country this was, but Canada and the USA award citizenship based on birth in the country. European countries mainly award citizenship based on descent. Parents of a child born in Canada can't make any deal or arrangement to deny the child's right to Canadian citizenship. If this family is going to live in India, obviously the choice that makes the most sense would be to get an Indian passport. The child can always decide later to move back to Canada. The only change that would be permanent is if the child (as an adult) renounces Canadian citizenship before Canadian authorities. At that point, any right to live and work in Canada comes to an end.