+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

hope27

Newbie
Mar 19, 2013
2
0
Dear All,

Plz help me with a question.

Will a child born to Indian PR holders in Canada be able to come back to India with his/her parents if they make a decision to move back to India ?

What will be the child's citizenship status in that case ?

Any info would be helpful.
 
hope27 said:
Dear All,

Plz help me with a question.

Will a child born to Indian PR holders in Canada be able to come back to India with his/her parents if they make a decision to move back to India ?

What will be the child's citizenship status in that case ?

Any info would be helpful.

Hi,

By Birth, the Child would be a Canadian (since born on Canadian Soil). Cant comment on the status of the Child if the Faimily moves back to India after some time.

Regards.
NVLN.
 
nvln said:
Hi,

By Birth, the Child would be a Canadian (since born on Canadian Soil). Cant comment on the status of the Child if the Faimily moves back to India after some time.

Regards.
NVLN.

Thnx nvln, anyone who could help me with this, i am sure lot of people face such a scenario..
 
If the child is born in Canada then that child is a citizen for life. It doesn't matter where the child lives.

The parents must still live in Canada for 2 out of every 5 years to retain their PR status. Even if they have a Canadian citizen child.
 
The child will remain a Canadian citizen until you withdraw that citizenship.


See this article for citizenship definitions.

http://en.wikipedia.org/wiki/Indian_nationality_law

Extract of this link is here though:


Citizenship by birth

Any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987, is a citizen of India by birth. A person born in India on or after 1 July 1987 is a citizen of India if either parent was a citizen of India at the time of the birth. Those born in India on or after 3 December 2004 are considered citizens of India only if both of their parents are citizens of India or if one parent is a citizen of India and the other is not an illegal migrant at the time of their birth.

[edit] Citizenship by descent

Persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Person born outside India on or after 10 December 1992 are considered as citizens of India if either of their parents is a citizen of India at the time of their birth.

From 3 December 2004 onwards, persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian consulate within one year of the date of birth. In certain circumstances it is possible to register after 1 year with the permission of the Central Government. The application for registration of the birth of a minor child must be made to an Indian consulate and must be accompanied by an undertaking in writing from the parents of such minor child that he or she does not hold the passport of another country.

[edit] Citizenship by registration

The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:
a person of Indian origin who is ordinarily resident in India for seven years before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for six years in the aggregate in the eight years preceding the twelve months).
a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
minor children of persons who are citizens of India;
a person of full age and capacity whose parents are registered as citizens of India.
a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration.

[edit] Citizenship by naturalization

Citizenship of India by naturalization can be acquired by a foreigner who has resided in India for twelve years. The applicant must have lived a total of 12 years in India in a period of 14 years, and must have lived in India for 12 months uninterrupted prior to applying for citizenship.

[edit] Citizenship at the commencement of the constitution of India

Persons domiciled in the territory of India as on 26 November 1949 automatically became Indian citizens by virtue of operation of the relevant provisions of the Indian Constitution coming into force (the majority of the constitutional provisions came into force on 26 January 1950). The Constitution of India also made provisions regarding citizenship for migrants from territories of Pakistan, which were earlier parts of India before the partition.

[edit] Renunciation of Indian citizenship

Renunciation is covered in Section 8 of the Citizenship Act 1955. If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship. In addition any minor child of that person also loses Indian citizenship from the date of renunciation. When the child reaches the age of eighteen, he has the right to resume Indian citizenship. The provisions for making a declaration of renunciation under Indian citizenship law require that the person making the declaration be "of full age and capacity".



hope27 said:
Dear All,

Plz help me with a question.

Will a child born to Indian PR holders in Canada be able to come back to India with his/her parents if they make a decision to move back to India ?

What will be the child's citizenship status in that case ?

Any info would be helpful.