• Resumption of Indian citizenship under Section 5(1)(g) for a minor born in the UK

I am an Indian citizen currently residing in the UK on Indefinite Leave to Remain (ILR). My son was born in the UK. Because of my ILR status at the time of his birth, he is automatically a British citizen under UK law, though he currently holds an Indian passport.

We are planning to return to India to settle permanently. Before we do, I am considering obtaining a British passport for him for global travel flexibility, surrendering his Indian passport, and getting him an Overseas Citizen of India (OCI) card.

AI Mode conversation: domicile indiaYou said: domicile indiadomicile indiaA domicile in India means a person's permanent home or legal connection to the country, governed by the principle of a single Indian citizenship and domicile.Key Concepts of Domicile in IndiaSingle Domicile: India has a single national domicile system; citizens have a domicile in India as a whole rather than separate domiciles for individual states.Domicile by Birth (Origin): Acquired automatically at birth from parents. It remains until a new permanent home is chosen elsewhere.Domicile by Choice: Acquired by moving to a country or state with the intent to reside there permanently. In India, a person can acquire this by residing in the country and making a written declaration after at least one year of continuous residence.What is a Domicile Certificate?Definition: An official document issued by a state or union territory government proving that a person is a permanent resident of that specific region.Purpose: Used to claim state-specific quotas in educational institutions, government jobs, and local preference schemes.Restriction: You can hold a domicile/residence certificate in only one state or union territory at a time.Requirements to ApplyEligibility criteria: Continuous stay in the state for a specified period (typically 3 to 15 years depending on local state laws), or ownership of land/property in the region.Required documents:Identity proof (Aadhaar card, voter ID, passport)Address proof (utility bills, bank passbook, rent agreement)Age/birth proof (birth certificate, school leaving certificate)Residence proof and local affidavitsIssuing Authority: Obtained through local revenue departments, such as the Tehsildar's office, District Collector's office, or Sub-Divisional Magistrate.AI responses may include mistakes. For legal advice, consult a professional. Learn moreMichelmoresWhat does domicile mean now? The importance of ...The India UK Treaty can enable UK resident individuals domiciled in India to protect their non-UK assets from Inheritance Tax on d...Ujjivan SFBDomicile Certificate in India: Eligibility, Benefits & Application ProcessThe issuance and recognition of a domicile certificate are governed by various state-specific laws. Each state has different crite...One India One LawInterpretation and Misinterpretation of Domicile in IndiaThe term 'Domicile' is not defined in the Indian constitution. • Ordinarily, it means a permanent home or place where
Asked 16 hours ago in Constitutional Law

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2 Answers

1) You must apply directly for his first British passport on the Official UK Government Website.


2) : While waiting for the British passport, do not travel using his Indian passport. Additionally, do not use the Indian passport once the British passport arrives, as holding or using an active Indian passport after acquiring foreign status violates the Indian Passport Act

 

3) Register online through the Government of India Passport Seva Portal to apply for a Surrender Certificate. You will book an appointment and submit his physical Indian passport at a local VFS Global UK Centre

 

4)You should complete this step immediately after getting the British passport. Indian authorities usually waive late-surrender penalties if the process is completed within a standard grace window from foreign passport acquisition.

 

5)For minor children born in the UK, you must get his full UK birth certificate legalised (apostilled) via the UK Government Legalisation Service before submitting the OCI application to VFS. Both parents must also sign the declaration forms.

 

6) Once issued, the OCI card acts as a lifelong, multiple-entry visa allowing him to live, study, and stay in India indefinitely without needing to register with local foreign registration offices

 

Ajay Sethi
Advocate, Mumbai
100954 Answers
8245 Consultations

Under the Indian Citizenship Act, 1955, registered Indian citizenship and Overseas Citizenship of India (OCI) operate under distinct rules regarding minors and renunciation.

India strictly prohibits dual citizenship. Acquiring a British passport for your son means he automatically loses his Indian citizenship under Section 9 of the Citizenship Act, 1955.Once he obtains a foreign passport, his Indian passport must be formally surrendered at the High Commission of India (London) to obtain a Surrender Certificate.

Under Indian law, a minor child’s citizenship status is generally linked to their parents. If at least one parent remains an Indian citizen, a minor child holding foreign citizenship/OCI can be registered as an Indian citizen upon application by the parents under Section 5(1)(a)(i) or Section 5(1)(f) without waiting for full adult residency periods, provided the statutory conditions are met.  

If a child lost Indian citizenship due to a parent's renunciation, they can formally declare their intention to resume Indian citizenship within one year of attaining majority (age 18).

The eligibility conditions under Section 5(1)(g) are that he must hold an OCI card for at least 5 years, must be ordinarily resident in India for 12 continuous months immediately before filing the application, complete the registration as an Indian citizen, he will have to surrender his British citizenship and passport, as India will not issue an Indian passport until proof of foreign citizenship renunciation is submitted.

T Kalaiselvan
Advocate, Vellore
91162 Answers
2525 Consultations

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