- This topic has 25 replies, 11 voices, and was last updated 1 year, 4 months ago by
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UHi all, asking for a friend.
My friend (F) is divorced and has sole custody of her 13-year-old child (M). She has been living in Australia for the past few years and recently obtained Australian citizenship. However, due to ongoing custody battles with her ex-husband, she was unable to apply for her child’s visa earlier. During this time, the child has been living with her parents.
Now that the custody dispute has been resolved and she has full custody, she is trying to apply for a visa for her child. However, the child’s passport is set to expire in 15 days. She applied for its renewal, but it was refused on the grounds that “a sole custody parent who is not an Indian citizen cannot apply for an Indian passport for the child.”
She even visited the passport office with her ex-husband, who provided written consent stating that he has no objection to the child traveling to Australia. Despite this, the passport application was still denied.
Is there anything that can be done in this situation? Any suggestions or guidance would be greatly appreciated.
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UOP This is the best suggestion. Indian laws are stupid crazy.
My husband and I both Indian citizens and not divorced. I applied for our kids’ passport. Passport application was rejected because signed by the mother. I had to make several rounds of the office. Finally my husband sent signed papers from US, and then I could apply for their passport and got it.
At that time, the rule that mother’s name is acceptable as parent was there but the men at pp office didn’t follow these rules.
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SAs per citizenship act, minor children of the parents who have renounced Indian citizenship ceases to be an Indian citizen.
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UUnfortunately yes. But the Kid cannot get Australia Visa/ permanent residency without Indian passport. Not really sure what can be done here. Not sure if migration lawyer can help too.
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EWow! So the kid is stateless for next 5 years and then suddenly becomes an Indian citizen as soon as he turns 18 and gets an Indian passport?
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SWhy not just withheld information and get the child’s passport with consent of both husband and wife?
Or let the husband apply the kid’s passport. To me it sounds like a problem create due to extra information given to PSK.
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UYeah this shud have been done in the first place but unfortunately she provided all the documents and applied for passport. It is refused now. So next time when passport is applied for the kid, they may have to declare previous passport refusal history. So this may complicate the things again.!
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SBut what’s the worse that can happen now? Apply with husband’s. Even if they again reject, the child is not doing to be deported by Australia as the mother and legal guardian is their citizen. The kid will eventually become naturalised.
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