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Email questions to: V. K. Chand at:
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Answers are normally posted in five days.
How to get Indian Passport for baby born in Canada
Q: Mr. Chand,
I am an Indian citizen in Canada with my wife and we both hold
Indian passports. I am here work and have a valid Canadian work
permit. We recently had a baby here in Canada and would like to know
few things about citizenship.
1. I would like to get an Indian passport for my child and that
essentially means Indian citizenship, since I am permanently going
back to India soon.
- The Indian consulate in Toronto does not have a set rule and
procedure for this.
- I was asked to get a letter from Canadian government stating that
my baby doesn't hold a Canadian passport. So, I have requested the
same thru a search.
Do you have any advise on this front?
2. Since my child is Canadian born, she is a citizen of Canada by
birth and I can not renounce her citizenship till she is 18 years of
age. I am okay with this if I can do the same after 18 years from
India. But, will there be any issue by Canadian government while she
is in India, since Canada considers her as a citizen?
3. (After acquiring Indian passport) Is there any procedure to
follow if my child wants to come back to Canada before the age of
18? like, can she surrender her Indian passport in India, acquired
Canadian passport in India and travel? or does Canada provide any
kind of travel document on Indian passport without Canadian
passport?
Appreciate any other information on this regard.
Best Regards,
Vinaya Alva
A: The Indian consulate in Ottawa, Canada clearly spells out the requirements for getting a Indian passport for a baby born in Canada to Indian parents. Here is an excerpt from their website on this topic:
NEW PASSPORT FOR A CHILD BORN IN CANADA OF
PARENTS HOLDING INDIAN PASSPORTS (source:http://www.hciottawa.ca/counsularservices.htm#PASSPORT)
(i) For the children born in Canada where the parents wish to
obtain Indian passport for them, birth registration (Click
HERE to
view Sample Form) with the Indian Mission is required before
applying for passport for the newborn.
(ii) Application form (EAP-I) duly filled in and countersigned
by both parents.
(iii) 3 identical, recent color photographs (3.5 cm x 3.5 cm),
showing frontal view of full face against a light background.
(iv) Original record of landing or immigration document/PR card
of the child, and of parents, with a photocopy.
(v) Declaration for non-acquisition of foreign
nationality/Canadian passport for the child.
(vi) Birth certificate showing names of parents.
(vii) Consent of both parents for issue of Indian passport.
Personal appearance of the child may be required in some cases.
As for your question number two, I don't quite understand what you mean by 'will there be any issue by Canadian government while she is in India, since Canada considers her as a citizen?'
If your concern is that the Canadian government would have problems with your daughter living in Indian as she is born in Canada, then you need not worry. As long as both parents are agreeable and their is no child custody dispute there should be no problem.
Canada in fact allows dual citizenship, where as India does not. As far as renunciation of Canadian citizenship is concerned, your daughter will have to decide when she reaches the legal adult age whether she wants to renounce Canadian citizenship. Parents cannot do this for their children. Renunciation of citizenship, if decided upon can be done by filling the appropriate forms and paying the required fee even at the Canadian consular offices in India.
Your third question is a tricky one! Your daughter once she goes to India on a Indian passport and wishes to travel back to Canada, she will need a Canadian Visa. In her case she will not be able to get a Canadian visa as being born in Canada she would be considered a Canadian citizen and citizens don't need visas to enter their country of birth. In such a scenario you daughter would have to get a Canadian Passport to travel to Canada. This puts her Indian passport in jeopardy as India does not allow dual citizenship and keeping two passports is illegal for Indian citizens. Things become simpler if your daughter stays in India until reaching age of maturity and then decides what she wants to do.
I would suggest that you get a Canadian passport for your daughter, get her registered as an Overseas Indian Citizen (OCI) before returning to India. This way she can travel freely and also live in India. On reaching age of maturity, she can decide what she wants to do.
Reserve Bank of India permission to rent
property in India
Q: Mr Chand,
I want to rent out commercial premise to Bank in India. Is there
Limit that NRI cannot rent out his property for more than 5
years without taking RBI permission. I understand there is law
for NRI's where Indian Landlords cannot rent their properties
for more than 5 yrs to NRI's.
If you can reply this email I will appreciate.
Thanks
S Singh
A: From what my understanding is on this subjet:
-
An Nri can rent his/her residential/commercial property purchased out of foreign exchange/rupee funds without RBI permission to Indians or even Nris of Indian origin.
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The question of permission of RBI regarding the five year rental limit rule, I believe comes into play when the party you are renting to falls in the category of being a foreign national of non-Indian origin including a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan. In such a case, any period over five years would require prior approval of Reserve Bank of India.
Readers comments & feedback. Post your comment or answer a question . . .
Tazu
2010/11/4 6:01 am
I am Indian citizen on UK work permit, with my wife living
in UK since 2.8 years, now tends to buy one Flat in Mumbai.
What is legal requirement for me, can i buy that flat (24
Lacs) straight on my name declaring that i live in UK or,
just give my Indian Address hiding about my UK residency.
Sudhir Shah
2010/12/8 7:02 am
As a Indian citizen you can buy a flat without any problems
no matter what part of the world you live in.
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