Hi, My wife's birthplace in her passport is incorrect so it needs correction and it was mistake which was identified after we received the passport. We need to update Birth place from India to Nepal as per Birth Certificate. Based on below link information, I understood that she can be Indian citizen by descent since her mother had held Indian Citizenship when she was born in Nepal. http://passportindia.gov.in/AppOnlineProject/online/faqServicesAvailable After marriage, I applied Indian passport for her to bring her to US with my kid. Now it is almost 8 years of marriage and we spent all these time together staying in India and USA. Considering the current facts, can she update her birthplace and continue having citizenship of India along with me and my kid who is born in India. Kindly advice. Thanks for reading my issue.
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1)if your wife was born in nepal as per birth certificate she is a citizen of nepal not India . neither nepal nor India allows dual citizenship .
2) your wife has to surrender her indian passport
3) she can apply for indian citizenship as she has married an Indian but it would take considerable time to obtain indian citizenship
Well, it is not so easy to change the nationality of your wife from Indian to Nepalese.
The citizenship by descent requires time and if she apply for correction then I can guarantee that she would lose Indian passport for foreseeable future.
So since nationality of your wife is involved I would advise not to correct her place of birth just now.
Hi
The place of birth can't be changed and place birth alone doesn't decide whther you are an Indian or outsider.
Her Indian citizen ship càn be continued and the mention of her birth place in Nepal doesn't change her being an Indian descendant
Your wife is Indian and if she has been living in India ,she is an Indian citizen.
If an Indian passport has been issued to her there is no legal problem.
1. She will have to apply for rectification of error to the Regional Passport Office to incorporate her actual place of birth in the passport. The documentary evidence of her actual place of birth will have to be annexed along with the application to prove her place of birth. Ordinarily, the RPO is loath to allow such rectifications unless there is insurmountable evidence in support of it. So she may eventually require a court order to this effect.
2. The citizenship of India has no nexus with her place of birth in the passport.
If your wife was born out of India and one her parents is a citizen of India then she becomes citizen by descent,
The provisions of the act in this regard is
Citizenship by descent.- (1) A person born outside India shall be a citizen of India by descent,-
(a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or
(b) on or after the 10th day of December,1992, if either of his parents is a citizen of India at the time of his birth:
Based on this your wife would have got a the Indian passport, but if you would like to update the birth place, you can apply for it along with the original birth certificate and await reply.
The passport authorities will intimate you about any further requirement ion this on receipt of the said application.
1. Is there any necessity for her to incorporate the said change in her passport at this stage?
2. She was born to her Indian mother when her mother had visited Nepal.
3. Hope she has the birth certificate issued by the hospital and Nepal to prove her claim that she was born at Nepal to her Indian mother visiting Nepal.
4. She can execute an affidavit before a 1st Class Judicial Magistrate in India where she has her correct address, affirming the act that inadvertently her place of birth was wrongly mentioned in her passport which is now required to be corrected by the passport authorities.
5. Based on the said affidavit, the passport authority will incorporate the said change in her passport.
Thank you all for your recommendation. I also read the passport rule and it states as below - From Passport Rule- <Column 2.8: Citizenship of India by> • Put a cross against the appropriate box to specify the basis of your citizenship, whether it is by birth or by descent (i.e., born to Indian parent(s) outside India); by registration or naturalization (i.e., who have been granted citizenship by the Ministry of Home Affairs). • Attach documents as mentioned in Section D of the passport instruction booklet "Case No. I (A) (1), Case No. I (A) (2), Case No. I (A) (3) in Table 2: List of Applicant Categories and Documents to be submitted". According to this, I think that I could be eligible to apply for Indian passport since my mother was Indian at the time of birth(Citizen of India by descent: You are Citizen of India by descent if you are born outside India and either of your parents is a citizen of India at the time of your birth.). Please advice if above passport rule information is correct. Also , please let me know if I can request for court order to have it corrected.
When was passport issued to your wife ?
2)if you had applied for her passport and it had been 8 years since since she applied for passport what was she doing for 8 years ?
3)apply to passport office for reissue of passportto correct place of birth mentioned in passport
According to this, I think that I could be eligible to apply for Indian passport since my mother was Indian at the time of birth(Citizen of India by descent: You are Citizen of India by descent if you are born outside India and either of your parents is a citizen of India at the time of your birth.).
Please advice if above passport rule information is correct. Also , please let me know if I can request for court order to have it corrected.
Your understanding is correct.
You can fill up the details as envisaged in the passport rules you have mentioned herein.
You can attach the requisite documents also as per the instructions contained in the sec ion D of the booklet of th passport application.
1. The above passport rule is correct and you are an Indian by descent.
2. Based on the above you are eligible to apply for an Indian passport.
3. You can correct your place of birth mentioned in your passport by executing an affidavit before a 1st Class Judicial Magistrate in India where she has her correct address, affirming the act that inadvertently her place of birth was wrongly mentioned in her passport which is now required to be corrected by the passport authorities. This is the usual practice for correcting DOB, Place of birth, spelling of name and father;s name etc.