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

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.

There is an important correction to the premise of your question. Section 5(1)(g) of the Citizenship Act, 1955 is not a provision for a minor to “resume” Indian citizenship. It applies to a person of full age and capacity who has been registered as an OCI Cardholder for five years and has been ordinarily resident in India for twelve months immediately before applying for Indian citizenship.

For your son, the position is therefore different.

If your son is already an Indian citizen by descent and also acquired British citizenship, the issue is governed principally by the provisions dealing with citizenship by descent and the holding of another nationality. Section 4 provides for citizenship by descent subject to its statutory conditions, including the requirement concerning registration of birth at an Indian consulate and the declaration regarding possession of another country's passport. The Act also contains a specific rule concerning a minor who is simultaneously an Indian and foreign citizen.

Therefore, before surrendering his Indian passport, you should first establish how your son's Indian citizenship was acquired and whether his birth was registered with the Indian Consulate. The fact that he presently holds an Indian passport is strong evidence that he has been treated as an Indian citizen, but the precise citizenship history still needs to be checked.

If he takes a British passport

India does not generally permit dual citizenship in the sense of simultaneously retaining Indian citizenship after voluntarily acquiring foreign citizenship. Consequently, if your son becomes a British citizen and obtains a British passport, you should not assume that he can continue indefinitely as an Indian citizen simply because he is a minor.

The sequence should therefore be carefully planned:

establish British citizenship → obtain British passport if desired → complete the Indian citizenship/passport formalities applicable to his case → obtain OCI, if eligible.

Do not surrender the Indian passport first without determining his exact citizenship position and the appropriate OCI route.

OCI after British citizenship

If your son becomes a British citizen and is no longer an Indian citizen, he may potentially qualify for OCI registration on the basis of his Indian parentage/origin, subject to the statutory eligibility requirements.

The Ministry of Home Affairs expressly recognises eligibility for OCI based on Indian origin and provides for minor children of eligible persons to obtain OCI. The current MHA OCI framework also requires documentary proof of Indian origin and the relationship between the applicant and the Indian parent/grandparent, including appropriate authentication/apostille of foreign birth certificates where applicable.

OCI, however, is not Indian citizenship. It provides a special immigration/status framework but does not give the holder the rights of an Indian citizen.

Returning permanently to India does not itself restore citizenship

The family's decision to return to India and settle permanently does not, by itself, restore Indian citizenship after it has ceased.

This is particularly important because you have referred to “domicile India.” Domicile/residence and citizenship are distinct concepts. A child becoming ordinarily resident or domiciled in India does not automatically become an Indian citizen again. Section 5(1)(g), as presently worded, also cannot be used immediately by a minor returning to India; it specifically requires the applicant to be a person of full age and capacity, to have held OCI status for five years, and to have been ordinarily resident in India for twelve months before the application.

Accordingly, if your long-term objective is for your son eventually to live permanently in India and become an Indian citizen again, you should plan the citizenship/OCI route before surrendering his Indian citizenship rather than assuming that residence in India will automatically restore it.

What I would verify before taking any step

I would first examine:

• your son's UK birth certificate;
• both parents' citizenship status at the date of his birth;
• whether his birth was registered with the Indian Embassy/Consulate;
• the Indian passport presently held by him;
• the date and basis on which the Indian passport was issued;
• the date and legal basis of his British citizenship;
• whether a British passport has already been issued;
• whether the parents are married and, if so, the marriage certificate;
• whether either parent has ever held OCI status; and
• the proposed date of permanent relocation to India.

The critical question is whether your son is presently an Indian citizen, and if so, what statutory provision governs his citizenship by descent. Once that is established, we can determine whether you should proceed through passport surrender/OCI or whether a different citizenship procedure is required.

I would particularly not rely on the AI-generated “domicile India” explanation in the material you have provided for determining citizenship. It conflates domicile/residence concepts with citizenship and does not answer the specific issue under Section 5(1)(g).

For detailed legal advise you may connect on https://share.google/jCbuYXivLzFBy0dSK

Dear Client,

As your son was born while you were on Indefinite Leave to Remain (ILR), he may be generally entitled to British citizenship. You may follow the following steps:

• You may obtain his British passport and surrender his Indian passport and obtain the Surrender Certificate.
• You may apply for an OCI card using relevant documents like a passport. 

India follows the policy of single citizenship so the continuing use of an Indian passport after obtaining British Citizenship is usually not permitted. Once the OCI is issued, he may live in India long-term. 

Thank you for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

Yes, domicile is legally defined as the place where an individual has a fixed, permanent home and principal establishment for legal and tax purposes.

1. Legal Framework: Section 5(1)(g) and Its Applicability to Your Son

Section 5(1)(g) of the Citizenship Act, 1955 allows a person registered as an Overseas Citizen of India (OCI) to apply for Indian citizenship by registration, provided they have held OCI status for five years and resided in India for one year immediately before the application. This provision applies to persons of full age and capacity. Your son, as a minor, cannot independently apply under this clause. The Central Government may, however, register a minor as a citizen under Section 5(4) if satisfied that special circumstances justify such registration. You must therefore assess whether your son's situation warrants an application under Section 5(4) rather than Section 5(1)(g).

2. Surrender of Indian Passport and Acquisition of OCI Card

Before obtaining a British passport, your son must surrender his Indian passport to the Indian High Commission or consulate. Surrender is mandatory upon acquiring foreign nationality, and a Surrender Certificate is a prerequisite for an OCI application. For minors, both parents must be present at the appointment and sign the application. Recent amendments to the Citizenship Rules, 2026 explicitly prohibit a minor from simultaneously holding an Indian passport and a foreign passport, reinforcing that surrender is non-negotiable before proceeding with OCI. Once surrendered, you can apply for an OCI card for your son.

3. Feasibility of Resumption Under Section 5(1)(g) for a Minor

Resumption under Section 5(1)(g) is not available to your son while he remains a minor. The clause requires the applicant to be of full age and capacity, and it mandates a five-year OCI holding period plus one year of residence in India. Since your son will be a minor when you return to India, he cannot satisfy these conditions. The appropriate route, if you wish him to regain Indian citizenship during his minority, is an application under Section 5(4), which empowers the Central Government to register a minor as a citizen in special circumstances. You will need to demonstrate why such registration is justified, such as your family's permanent return to India and your son's integration into the Indian education system.

4. Alternative Route: Section 8(2) and Resumption After Attaining Majority

Section 8(2) of the Citizenship Act provides that if a parent ceases to be an Indian citizen, every minor child also ceases to be a citizen, but such a child may, within one year of attaining full age, make a declaration to resume Indian citizenship. However, this provision applies only when a parent voluntarily renounces Indian citizenship. In your case, you hold ILR in the UK but have not renounced your Indian citizenship, so Section 8(2) is unlikely to apply directly. Your son's situation is that he acquired British citizenship by birth, not because of your renunciation. Therefore, Section 8(2) may not be the correct legal basis for his resumption.

5. Practical Steps and Recommendations

Given the legal position, the most viable strategy is as follows: (i) surrender your son's Indian passport and obtain his British passport and OCI card; (ii) upon returning to India, apply for his registration as a citizen under Section 5(4), citing special circumstances such as your family's permanent settlement in India and your son's need for Indian citizenship to access education and other rights; (iii) if the Section 5(4) application is rejected, your son can apply under Section 5(1)(g) after he attains majority, provided he has held OCI status for five years and resided in India for one year. Consult an immigration lawyer in India to prepare a strong case under Section 5(4) before you relocate.

6. Time, Cost, and Documentation Considerations

The surrender of the Indian passport typically takes 5–10 working days and costs approximately £20–£30. OCI card issuance may take 4–8 weeks and costs around £200–£300, depending on the consulate. The Section 5(4) application involves government fees of approximately ₹5,000–₹10,000 and processing times of 6–12 months. You will need to provide: your son's birth certificate, your Indian passport and ILR proof, your son's British passport, OCI card, proof of residence in India (rental agreement, utility bills), and an affidavit explaining the special circumstances. A local advocate can help draft the application and represent you before the Ministry of Home Affairs.

7. Key Cautions

Do not delay the surrender of the Indian passport after obtaining the British passport, as holding both simultaneously is now explicitly prohibited and may attract penalties. Do not assume that OCI status automatically leads to citizenship; it is a long-term residency and registration process. Before returning to India, consult a qualified immigration lawyer to confirm whether Section 5(4) is the correct route and to prepare the supporting documentation. If your son later wishes to pursue citizenship under Section 5(1)(g), ensure that he maintains continuous OCI status and accumulates the required five-year period and one-year residence in India before applying.