Indian Citizenship for Canada Born Child

[Suh1756]

Hi,

I and my wife are Indian passport holders and Canadian Permanent Residents. My daughter is born in Canada and I understand she is Canadian citizen by birth. However we would like to obtain Indian passport for my daughter as we plan to go back to India permanently in 4-5 years. During this period if my daughter visits India - how would she be able to return back to Canada on Indian passport? May be she needs a Canadian Citizenship Certificate along with the Indian Passport?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/travel-government-services.html


Thanks

 

[Bryanna]

Hi,

I and my wife are Indian passport holders and Canadian Permanent Residents. My daughter is born in Canada and I understand she is Canadian citizen by birth. However we would like to obtain Indian passport for my daughter as we plan to go back to India permanently in 4-5 years. During this period if my daughter visits India - how would she be able to return back to Canada on Indian passport? May be she needs a Canadian Citizenship Certificate along with the Indian Passport?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/travel-government-services.html


Thanks

Why not apply for OCI instead?

 

[Suh1756]

Thanks Bryanna.

I am aware of OCI and understand that its an easy way to go. But, as per my current plan most of my daughters schooling will be in India and OCI card holders pay more than triple the tuition at schools which is my biggest concern.

 

[Bryanna]

I'm only playing the devil's advocate here. As her parent, it's your decision eventually.

A few points:
1. She is a minor who cannot make a decision whether or not she wants to retain her Canadian citizenship. Going forward, would she be happy to have an Indian passport/have Indian nationality?

Rules change all the time. There are no guarantees that either Indian/Canadian passport rules could allow her to revert to her Canadian citizenship in the future.


2. Her Indian passport would not give her any advantage as compared to having a Canadian passport.

She would need to apply/pay visa fees for visas to most countries.... and for every visa application, she would need to prove she won't overstay her visit to any country. BTW she would have to apply for a TRV too to travel to Canada if she has an Indian passport.


3. With a Canadian passport, she can live in one of the world's best countries. She may feel deprived/unhappy to have lost this quality of life when she lives in India (Read: Corruption, air/water/earth/noise pollution, road rage, almost zero adherence to the Law across socio-economic levels, the country is slowing sliding into financial bankruptcy, etc etc)

I am aware of OCI and understand that its an easy way to go. But, as per my current plan most of my daughters schooling will be in India and OCI card holders pay more than triple the tuition at schools which is my biggest concern.

Some private schools in India could charge higher tuition fees for OCIs compared to other private schools or government funded schools. This higher fees would depend on the school you select.

Schooling in India is not cheap even for parents of Indian citizen children. Apart from the actual school fees, very often parents have to pay huge amounts disguised as donations + pay endless fees for various activities which all add up to making schooling a very expensive process.


As you plan to go back in 4-5 years (not immediately), you could apply for her Canadian citizenship. This way she won't have to apply for TRV from scratch + she won't need to extend her visitor status each time.

If it is only because of higher tuition fees for OCIs, I honestly feel giving up her Canadian citizenship would be more expensive (literally and figuratively)

 

[Suh1756]

Thank you Bryanna for your detailed response. Much appreciated.

Your response is making me think over it again

 

[Rob_TO]

Hi,

I and my wife are Indian passport holders and Canadian Permanent Residents. My daughter is born in Canada and I understand she is Canadian citizen by birth. However we would like to obtain Indian passport for my daughter as we plan to go back to India permanently in 4-5 years. During this period if my daughter visits India - how would she be able to return back to Canada on Indian passport? May be she needs a Canadian Citizenship Certificate along with the Indian Passport?

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/travel-government-services.html


Thanks

She will need a Canadian passport to fly to Canada. Flying on her India passport will not work since she is ineligible for a TRV as a Canadian citizen.
Read here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1167&top=16
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

 

[Bryanna]

She will need a Canadian passport to fly to Canada. Flying on her India passport will not work since she is ineligible for a TRV as a Canadian citizen.
Read here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1167&top=16
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

Based on the OP's post, he intended to apply for an Indian passport instead of a Canadian one. Also, Indian citizenship rules do not allow dual citizenship/someone to have dual passports of India and Canada. It is either one or the other.


Also, assuming the OP applies for a Canadian citizenship certificate, as an Indian passport holder, his daughter would need a TRV. This is mentioned in the link provided by the OP in the first post:
Canadian citizens should be cautioned that if they plan to travel to Canada on the basis of a foreign passport (possible TRV required) and a Canadian citizenship certificate, they may face delays or even refusal of boarding if the airline has doubts about the validity of their citizenship certificate

 

[canuck_in_uk]

None of it matters anyways. The child is a Canadian citizen by birth and the parents cannot renounce her citizenship. I'm sure that India is aware of Canada's citizenship rules and will know that the child is already Canadian.

 

[Rob_TO]

Based on the OP's post, he intended to apply for an Indian passport instead of a Canadian one. Also, Indian citizenship rules do not allow dual citizenship/someone to have dual passports of India and Canada. It is either one or the other.


Also, assuming the OP applies for a Canadian citizenship certificate, as an Indian passport holder, his daughter would need a TRV. This is mentioned in the link provided by the OP in the first post:
Canadian citizens should be cautioned that if they plan to travel to Canada on the basis of a foreign passport (possible TRV required) and a Canadian citizenship certificate, they may face delays or even refusal of boarding if the airline has doubts about the validity of their citizenship certificate

I always thought a Canadian citizen is ineligible for a TRV and any such app would be rejected. One is a citizen of Canada simply by being born here, regardless if they apply for a Canadian passport or not.

However I guess there are ways around that in the TRV app for this kind of case.

 

[Bryanna]

None of it matters anyways. The child is a Canadian citizen by birth and the parents cannot renounce her citizenship. I'm sure that India is aware of Canada's citizenship rules and will know that the child is already Canadian.

It won't be renunciation of her Canadian citizenship per se to acquire an Indian passport.

Her parents would simply apply for an Indian passport on the basis of being an Indian citizen by descent (i.e. at least one parent was an Indian citizen at the time of the child's birth.... which is the case here).

Yes, Indian passport authorities would know she was born in Canada/eligible for Canadian passport (her birth certificate, of course).

But, like you said, none of this matters now. Maybe the OP will apply for a Canadian passport for his daughter

 

[canuck_in_uk]

It won't be renunciation of her Canadian citizenship per se to acquire an Indian passport.

Her parents would simply apply for an Indian passport on the basis of being an Indian citizen by descent (i.e. at least one parent was an Indian citizen at the time of the child's birth.... which is the case here).

Yes, Indian passport authorities would know she was born in Canada/eligible for Canadian passport (her birth certificate, of course).

But, like you said, none of this matters now. Maybe the OP will apply for a Canadian passport for his daughter

If India doesn't allow dual, then knowing she is already a Canadian citizen, they will not grant her an Indian passport.

 

[Bryanna]

If India doesn't allow dual, then knowing she is already a Canadian citizen, they will not grant her an Indian passport.

That's incorrect. The Indian government routinely issues Indian passports to minors born abroad, including in Canada, US, UK, etc.... if the parent applies for the passport on the basis of 'Indian citizenship by descent. In fact, this information is even listed on the official Indian Passport portal

 

[Rob_TO]

It won't be renunciation of her Canadian citizenship per se to acquire an Indian passport.

Her parents would simply apply for an Indian passport on the basis of being an Indian citizen by descent (i.e. at least one parent was an Indian citizen at the time of the child's birth.... which is the case here).

Yes, Indian passport authorities would know she was born in Canada/eligible for Canadian passport (her birth certificate, of course).

But, like you said, none of this matters now. Maybe the OP will apply for a Canadian passport for his daughter

I still don't understand how the child would ever fly back to Canada.

A main question on the TRV app is "place of birth", so once a visa officer sees "Canada" they will know applicant is already Canadian and would refuse the TRV, instructing them to apply for Canadian passport instead.

Or if TRV was granted, that would be all the airline requires for traveling to Canada so what would be the point of getting the Canadian citizen certificate as in the OPs first post link?

 

[canuck_in_uk]

That's incorrect. The Indian government routinely issues Indian passports to minors born abroad, including in Canada, US, UK, etc.... if the parent applies for the passport on the basis of 'Indian citizenship by descent. In fact, this information is even listed on the official Indian Passport portal

Then India allows dual citizenship...

 

[Suh1756]

The below link which I provided in my first post has date modified in the bottom of the page - "Date modified: 2013-12-19"

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/proof/travel-government-services.html

The below link provided by Rob_TO says - "If you are a dual Canadian citizen used to travelling to or transiting through Canada by air with a non-Canadian passport, you will no longer be able to do so as of November 10, 2016. You will need a valid Canadian passport to board your flight." The date modified on the bottom of this page is - "Date modified: 2017-05-25".

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

Looks like what I provided was in effect back in around 2013. But law changed after and latest is - you need Canadian passport to travel to Canada?

your thoughts?

Thank you!