NRI minor child NRI minor child

9 months ago

An Indian born 6 years old (Australian citizen with descent, never been to Australia) who lives in India without a valid passport now(passport validity expired after 5 years) and without an OCI (used to apply for a yearly x1 visa).
There is one parent who has taken custody of the child without a court order and is reluctant to send the child to Australia due to the fact that his/her fake documents and that were not known to the other spouse before marriage and now it is nearly impossible to apply for the visa but the child got Australian Citizenship by descent.
How will it affect the child visa in India and Australia.
Is it possible for the child to study in India?
Is the child considered an illegal migrant in India?

Anik

Responded 9 months ago

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A.Dear client,
A person may submit an application for registration of birth of his minor child born outside India in terms of sub-section(1) of section 4 in Form I to the Indian consulate in the country, where such child was born, together with a declaration that the child does not hold the passport of any other country.

Generally, Minor children can get Indian citizenship whose both parents are Indian citizens under section 5(1)(d). Application shall be made by his parents in Form-III.
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Anonymous

Replied 9 months ago

Father is a Indian born Australian national(Australian passport) while mother is a Indian national.

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