Want Indian citizenship for New Born in Canada

[psanket70]

we are expecting chid in December and we bith are Indian Citizens with Canadian PR from 8 years. We want our child to have Indian passport and Adharcard due to our ties backhome.

We know there is India Mission thing to register Baby born outside india for Indian citizenship. but in rules it says we have renounce Canadian citizenship but parents cannot do that until baby is 18years. I am now co fused weather we go India and have chil born there get passport in fee days get TRV amd come back to go through India mission way and then apply for TRV and PR from Canada. Checking if anyone has wemt through either of this route and share the process and challenges if there were any.

 

[iSaidGoodDay]

we are expecting chid in December and we bith are Indian Citizens with Canadian PR from 8 years. We want our child to have Indian passport and Adharcard due to our ties backhome.

We know there is India Mission thing to register Baby born outside india for Indian citizenship. but in rules it says we have renounce Canadian citizenship but parents cannot do that until baby is 18years. I am now co fused weather we go India and have chil born there get passport in fee days get TRV amd come back to go through India mission way and then apply for TRV and PR from Canada. Checking if anyone has wemt through either of this route and share the process and challenges if there were any.

For kids, there's a dual citizenship or something of that sorts. You can read "Indian citizenship under section 4 of the citizenship act" to understand this. I think the issue would be if they pick Canadian passport before getting an Indian passport or something along that line. If you read through it, or use ChatGPT there, you'll find the solution here.

 

[canuck78]

we are expecting chid in December and we bith are Indian Citizens with Canadian PR from 8 years. We want our child to have Indian passport and Adharcard due to our ties backhome.

We know there is India Mission thing to register Baby born outside india for Indian citizenship. but in rules it says we have renounce Canadian citizenship but parents cannot do that until baby is 18years. I am now co fused weather we go India and have chil born there get passport in fee days get TRV amd come back to go through India mission way and then apply for TRV and PR from Canada. Checking if anyone has wemt through either of this route and share the process and challenges if there were any.

Assume the goal must be to return to India while the child is a minor. Then it may make sense to give brith in India.

 

[psanket70]

Assume the goal must be to return to India while the child is a minor. Then it may make sense to give brith in India.

We have properties backhome and business, so it would be easy to inherit. if we stay indian and get indian citizenship for child. so we never get any issues in future for inheritance or want to move backhome permanently. Also during covid only indians were allowed to enter india and we were able to go back home to take care of our sick parents.

 

[iSaidGoodDay]

We have properties backhome and business, so it would be easy to inherit. if we stay indian and get indian citizenship for child. so we never get any issues in future for inheritance or want to move backhome permanently. Also during covid only indians were allowed to enter india and we were able to go back home to take care of our sick parents.

>Also during covid only indians were allowed to enter india

IIRC, that's not entirely true. OCIs were allowed, those on visas weren't.

Also, read my comment on the citizenship act.

 

[CNP]

We have properties backhome and business, so it would be easy to inherit. if we stay indian and get indian citizenship for child. so we never get any issues in future for inheritance or want to move backhome permanently. Also during covid only indians were allowed to enter india and we were able to go back home to take care of our sick parents.

I may be wrong, but OCI holders are allowed to inherit ( albeit with some restrictions), isnt it ?

 

[psanket70]

I may be wrong, but OCI holders are allowed to inherit ( albeit with some restrictions), isnt it ?

But they cannot inherit farmer status.

 

[psanket70]

>Also during covid only indians were allowed to enter india

IIRC, that's not entirely true. OCIs were allowed, those on visas weren't.

Also, read my comment on the citizenship act.

Not true. they banned oci people as well initially in 2020. After few months they allowed oci people on case bases.

 

[psanket70]

But they cannot inherit farmer status. currently only farmers can buy new farming land in our state and people with oci cannot inherit this status.

 

[hawk39]

We have properties backhome and business, so it would be easy to inherit. if we stay indian and get indian citizenship for child. so we never get any issues in future for inheritance or want to move backhome permanently. Also during covid only indians were allowed to enter india and we were able to go back home to take care of our sick parents.

I am not Indian but based on my research on India's current citizenship law and your desire to having your child being able to inherit Indian assets and status, then your only choice might be to have the child be born in India, then to apply for his/her PR when you all return to Canada.

If you were to have the child born in Canada, when you apply for his/her Indian citizenship, you will have to attest that the child does not have a Canadian passport. Whether you can apply for a Canadian passport after making the declaration as circumvention of that requirement is ambiguous. With that being said, if it is true that your child would not be able to hold a Canadian passport, then since Canadian citizens are required to use a Canadian passport to enter Canada, your child might not be able to return to Canada from coming abroad.

I would recommend that you talk to an Indian citizenship lawyer about this.

 

[iSaidGoodDay]

Not true. they banned oci people as well initially in 2020. After few months they allowed oci people on case bases.

I remember it better now, OCIs were banned but those on e-visas weren't - which makes ZERO sense. But yes, read the citizenship act and you'll see it isn't as complicated as you think.

 

[YVR123]

It sounds like your child being an Indian citizen is very important to you. So have your child born in India.
You were PR for 8 years and so watch for your RO before moving. The mother may have to stay in India for a while before getting TRV for the baby may not meet her RO when returning.

 

[psanket70]

I am not Indian but based on my research on India's current citizenship law and your desire to having your child being able to inherit Indian assets and status, then your only choice might be to have the child be born in India, then to apply for his/her PR when you all return to Canada.

If you were to have the child born in Canada, when you apply for his/her Indian citizenship, you will have to attest that the child does not have a Canadian passport. Whether you can apply for a Canadian passport after making the declaration as circumvention of that requirement is ambiguous. With that being said, if it is true that your child would not be able to hold a Canadian passport, then since Canadian citizens are required to use a Canadian passport to enter Canada, your child might not be able to return to Canada from coming abroad.

I would recommend that you talk to an Indian citizenship lawyer

 

[psanket70]

Thanks for all the details, i have same concerns in going through this process in Canada. On Indian embassy site it says baby will need to renounce the Canadian citizenship and that is not allowed till baby is 18years. I dont want to get stuck in situation i get Indian passport here in canada somehow and then can never apply for PR since baby is already by birth Canadian.

 

[canuck78]

Thanks for all the details, i have same concerns in going through this process in Canada. On Indian embassy site it says baby will need to renounce the Canadian citizenship and that is not allowed till baby is 18years. I dont want to get stuck in situation i get Indian passport here in canada somehow and then can never apply for PR since baby is already by birth Canadian.

Sounds like being born in India would address any concerns you have now and any potential concerns in the future.