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Vrushal   24 December 2023

Renunciation of Citizenship but minor children residing in India

Hello Team,

I am writing to get some clarity about a few things. I am a Filipino national married to an Indian national who just recently acquired his British Citizenship.

Please see below points;

·         Based on what I have read, upon acquiring a foreign citizenship, he can travel using his Indian passport only for 3 months hence he need to surrender his passport. Please clarify.


Our 3 children are Indian passport holders, the eldest is living with us in the UK while his 2 minor siblings are residing in India with my mother in law (their grandmother). They won’t be renouncing their Indian citizenship anytime soon. Since their father is about to renounce his citizenship, will it affect our children’s citizenship and their UK visa application in the future. The minor ones will join us here in the UK in a year or two.

As per the notice from the Indian government website, “note that if any person (either Father or Mother) ceases to be a citizen of India under section (1) of Section 8 of the Citizenship Act, 1955, every minor child of that person shall cease to be a citizen of India”.

Our minor children are residing in India and they won’t be travelling anytime soon in the UK and how can we go about this?


I would be grateful for your timely response.


Yours sincerely,


Karen Andrade

178 Perne Road




 1 Replies

T. Kalaiselvan, Advocate (Advocate)     24 December 2023

The act reads thus:

8. Renunciation of citizenship.—

(1) If any citizen of India of full age and capacity,  makes in the prescribed manner a declaration renouncing his Indian Citizenship, the declaration shall be registered by the prescribed authority; and, upon such registra­tion, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be with­held until the Central Government otherwise directs.

(2) Where 2[a person] ceases to be a citizen of India under sub-section (1) every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration 3[in the prescribed form and manner] that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

Thus as per law, the parents can appluy for the citizenship of their minor children in the country of their citizenship/nationality. 

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