Indian Citizenship for Canada Born Child

[Rob_TO]

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!

Yes, as I said a Canadian citizen (which your child is regardless if you get a passport or not) is ineligible for a TRV. So they should be unable to board a flight to Canada without Canadian passport.

So I would prepare that with no passport, the only way to get to Canada will be via USA land border. For this just proof of Canadian citizenship should be enough.

Here are some excerpts from the guide to applying for a TRV: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5256-applying-visitor-visa-temporary-resident-visa.html
Who are Visitors?
Visitors are persons who are not Canadian citizens or permanent residents of Canada

Do I need a Temporary Resident Visa?
Persons who are not Canadian citizens or permanent residents of Canada may require a visa to enter Canada

 

[Bryanna]

Then India allows dual citizenship...

It is common knowledge that India is one of the very few countries which does NOT allow dual citizenship

 

[Suh1756]

It is common knowledge that India is one of the very few countries which does NOT allow dual citizenship

Agree with Bryanna, India DOES NOT allow dual citizenship.

 

[steaky]

Then India allows dual citizenship...

Perhaps, it's like BN(O). It is considered a type of British passport but holders might not have UK citizenship,

 

[Bryanna]

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?

Contrary to various (mis)interpretations, my suggestions for your daughter's situation are (and these suggestions are in 100% concurrence with the passport rules of both India and Canada):

India simply does not allow dual citizenship. No ambiguity. No open-to-misinterpretations about this.

Scenario 1: You decide to move permanently back to India shortly (which is not what you want to do)
1. You must register your daughter's birth within one year of her birth with the Indian Consulate in Canada.

2. You can apply for an Indian passport because at least one parent was an Indian citizen at the time of her birth. In this case, your daughter will be issued an Indian passport by being an 'Indian citizen by descent"

3. The Indian passport authorities will allow her to decide at the age of 18 years whether or not she would like to retain her Canadian citizenship. Now before anyone says "dual citizen".... No, this is very clearly not a dual citizen situation.

Two passports of two different countries are NOT allowed for Indian citizens (whether the minor is an Indian citizen by birth, or descent, or naturalization.

4. While having an Indian passport would allow your daughter to live/travel freely and have all the rights and privileges of an Indian citizen, she would lose the privileges, benefits of being a Canadian and having a Canadian passport (which I mentioned in my first post on this thread).


Scenario 2: You decide to move permanently back to India after 4-5 years = Implies your daughter would need to be in Canada with you until you permanently relocate to India
1. You must apply for a Canadian passport which has been my suggestion from the first post in this thread.

2. You must apply for an OCI. Again, OCI is NOT dual citizenship. An OCI is not a passport.

The OCI merely allows persons of Indian origin to travel visa-free to India, besides having a wide range of other benefits similar to what an Indian citizen has. There are certain limitations of course

 

[canuck_in_uk]

It is common knowledge that India is one of the very few countries which does NOT allow dual citizenship

Your own posts have contradicted that. You've said that India will issue her a passport despite knowing that she is already a Canadian citizen, which means either they allow dual citizenship or they issue 'Indian by descent' passports to non-citizens.

3. The Indian passport authorities will allow her to decide at the age of 18 years whether or not she would like to retain her Canadian citizenship. Now before anyone says "dual citizen".... No, this is very clearly not a dual citizen situation.

Two passports of two different countries are NOT allowed for Indian citizens (whether the minor is an Indian citizen by birth, or descent, or naturalization.

And then this post seems to say that she can basically be a dual citizen up until she is 18, at which point she must choose and renounce one citizenship.

 

[canuck_in_uk]

Perhaps, it's like BN(O). It is considered a type of British passport but holders might not have UK citizenship,

Yes, that could be it.

 

[Bryanna]

Your own posts have contradicted that. You've said that India will issue her a passport despite knowing that she is already a Canadian citizen, which means either they allow dual citizenship or they issue 'Indian by descent' passports to non-citizens.

No, my posts are not contradictory.

First, there seems to be a flawed assumption that India allows dual citizenship. A simple Google search will clear your doubts about this.


If the OP applies for an Indian passport for his daughter for citizenship by descent, Indian authorities will NOT consider her as a non-citizen. It is considered as a minor born abroad who wants an Indian passport and Indian citizenship.

Again, if you still doubt whether or not India issues passports to minors born in Canada, US, Africa, Antartica or wherever outside India:
1. Question 26 of the official Indian Passport portal answers this:
http://www.passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable


2. Or, here's the complete list of documents to be submitted when applying for an Indian passport by descent:
NEW PASSPORT FOR A CHILD BORN IN CANADA OF PARENTS HOLDING INDIAN PASSPORTS
(i) For the children born in Canada where the parents wish to obtain Indian passport for them, birth registration with the Indian Mission is required before applying for passport for the newborn

(ii) Application form (EAP-I) duly completed and countersigned by both parents

(iii) 3 identical, recent color photographs (3.5 cm x 3.5 cm), showing frontal view of full face against a light background

(iv) Original record of landing or immigration document/PR card of the child, and of parents, with a photocopy.

(v) Declaration for non-acquisition of foreign nationality/Canadian passport for the child

(vi) Birth certificate showing names of parents.

(vii) Consent of both parents for issue of Indian passport.

And then this post seems to say that she can basically be a dual citizen up until she is 18, at which point she must choose and renounce one citizenship.

Again, she is NOT a dual citizen until the age of 18 or until any age

 

[canuck_in_uk]

No, my posts are not contradictory.

First, there seems to be a flawed assumption that India allows dual citizenship. A simple Google search will clear your doubts about this.


If the OP applies for an Indian passport for his daughter for citizenship by descent, Indian authorities will NOT consider her as a non-citizen. It is considered as a minor born abroad who wants an Indian passport and Indian citizenship.

Again, if you still doubt whether or not India issues passports to minors born in Canada, US, Africa, Antartica or wherever outside India:
1. Question 26 of the official Indian Passport portal answers this:
http://www.passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable


2. Or, here's the complete list of documents to be submitted when applying for an Indian passport by descent:
NEW PASSPORT FOR A CHILD BORN IN CANADA OF PARENTS HOLDING INDIAN PASSPORTS
(i) For the children born in Canada where the parents wish to obtain Indian passport for them, birth registration with the Indian Mission is required before applying for passport for the newborn

(ii) Application form (EAP-I) duly completed and countersigned by both parents

(iii) 3 identical, recent color photographs (3.5 cm x 3.5 cm), showing frontal view of full face against a light background

(iv) Original record of landing or immigration document/PR card of the child, and of parents, with a photocopy.

(v) Declaration for non-acquisition of foreign nationality/Canadian passport for the child

(vi) Birth certificate showing names of parents.

(vii) Consent of both parents for issue of Indian passport.



Again, she is NOT a dual citizen until the age of 18 or until any age

I understand that Indian law states no dual. My doubts are from what you have said and are still saying in this post.

1. India will issue the child an Indian passport as a citizen.

2. Regardless of being issued the Indian passport and the parents signing the "declaration of non-aquisition...", the child remains a Canadian citizen unless she legally renounces that citizenship once becoming an adult.

Therefore, the child will hold both citizenships. If India was truly enforcing the "no dual" law, they could not grant citizenship to children born in countries that grant citizenship by jus soli until those children renounced.

 

[Bryanna]

I understand that Indian law states no dual. My doubts are from what you have said and are still saying in this post.

Here's what the Indian Citizenship Act says:
8. Renunciation of citizenship.―
(2) Where [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 [in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

This means if the OP (the dad/mom of this minor) is granted Canadian citizenship (i.e. after renouncing his/her Indian citizenship)..... his/her minor daughter will cease to be an Indian citizen until the age of 18+1 years (max.) when the minor (then adult) can decide whether or not s/he wants to resume Indian citizenship.

Based on this section of the Indian Citizenship Act, there is an action of *ceasing* to be an Indian citizen (minor), but can *resume* Indian citizenship at the age of 18+ max. 1 year after that. This situation is like one where the citizenship is kept in abeyance/a state of suspension until the minor reaches the age of majority

 

[murhari]

@Suh1756 , I am in the same situation. Could you please let us know how did you proceed in this scenario ? I have already registered birth of my child at Indian consulate and was now going to apply for Indian passport. So in case we go to India for vacation and come back, what all documents will be required for child while entering back to Canada ?

 

[Copingwithlife]

@Suh1756 , I am in the same situation. Could you please let us know how did you proceed in this scenario ? I have already registered birth of my child at Indian consulate and was now going to apply for Indian passport. So in case we go to India for vacation and come back, what all documents will be required for child while entering back to Canada ?

They’d require a Canadian passport to travel back to Canada, since they are Canadian
The document they’d require is a Canadian passport as the link states

“Dual Canadian citizens can no longer travel to or transit through Canada by air with a non-Canadian passport. You need a valid Canadian passport to board your flight.”

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

 

[murhari]

@Copingwithlife India does not allow dual citizenship (so we can't apply for a Canada passport ). So there is a deadlock. How can a child enter Canada with Indian Passport only?

 

[Copingwithlife]

@Copingwithlife India does not allow dual citizenship (so we can't apply for a Canada passport ). So there is a deadlock. How can a child enter Canada with Indian Passport only?

They can’t . They are Canadian by birth . They will be a dual citizen until the child turns 18 and decides to renounce their citizenship . That would be their choice .
It’s India, that doesn’t allow it . Canada allow it, and they’ll be Canadian and have to show a Canadian passport if they wish to travel .
And the government won’t issue a visa to a citizen if THEY chose to get another countries passport, because they are a citizen

 

[Suh1756]

@Copingwithlife India does not allow dual citizenship (so we can't apply for a Canada passport ). So there is a deadlock. How can a child enter Canada with Indian Passport only?

We had to go for Canadian passport.