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Indian Citizenship act Section 8.1 renunciation?

immigrationfun

Star Member
May 17, 2016
57
0
Hi,
I am an Indian citizen with my Canadian naturalization ceremony scheduled shortly. I have a minor child born recently in India and lives in India. He has Indian citizenship and DOES NOT have any status in Canada (NO PR, NO Canadian Citizenship). I do not want to inadvertently renounce his Indian citizenship since it is the only identity he has.
wondering if my going through the Indian passport surrender process at the Toronto Indian Embassy trigger a "Indian Citizenship Act Section 8-i renunciation"? Would my child lose his Indian citizenship according to "Indian Citizenship Act Section 8-ii" If I go through Canadian naturalization and subsequently the Indian passport surrender process?
Can people who went through this process comment if they had to sign an official declaration that mentioned anything about section 8 of the Indian Citizenship Act? Does the surrender certificate says that Indian citizenship was renounced according to section 8 of the Indian Citizenship act? Was there any disclaimer on the impact of the process on a minor child's citizenship?
Regards,
K.
 

hawk39

Hero Member
Mar 26, 2017
690
285
I'm not Indian, but my guess would be that your son won't lose Indian citizenship because (I'm presuming) his mother is still an Indian citizen. If it's possible for a child to be born a citizen in India from one citizen parent and one legal alien under 3(1)(c)(ii), then I think the law will appear to be in conflict with itself if there is still have one citizen parent. Every country that doesn't allow multiple citizenship probably has a similar parent-child clause in their citizenship law, so this kind of issue is common and should have been historically resolved by their court. No harm in contacting the embassy and asking though.