HL Deb 07 March 2005 vol 670 cc64-5WA
Lord Avebury

asked Her Majesty's Government:

Whether, having regard to the amendments to Section 4(1) of India's Citizenship Act 1955 now brought into force, they will update paragraph 4 of Annexe H to Chapter 14 of the Home Office Nationality Instructions to make clear that, following the commencement of India's Citizenship (Amendment) Act 2003, a person shall not be a citizen of India by descent, unless birth is registered at an Indian Consulate within one year or the commencement of the 2003 Act, whichever is later; and [HL1464]

Whether, having regard to the amendments to Section 4(1) of India's Citizenship Act 1955 now brought into force, a child would be born a British Overseas citizen or British subject by virtue of Schedule 2 to the British Nationality Act 1981 in the following circumstances:

  1. (a) he is born in the United Kingdom after 1 November 2004;
  2. (b) at the time of his birth, one parent is solely a British Overseas citizen or British subject and the other parent is solely a citizen of India by birth;
  3. (c) the birth has not been registered at an Indian Consulate;
  4. (d) the child has not acquired the citizenship of any third country; and
  5. (e) neither parent is settled in the United Kingdom; and [HL1465]

Whether, having regard to the amendments to Section 4(1) of India's Citizenship Act 1955 now brought into force, a child is entitled to be registered as a British citizen under Section 3(2) of the British Nationality Act 1981 in the following circumstances:

  1. (a) the birth is outside the United Kingdom and outside India after 1 November 2004;
  2. (b) at the time of birth, one parent is solely a British citizen by descent and the other parent is solely a citizen of India by birth;
  3. (c) the father or mother of the British citizen parent meets the requirement set out in Section 3(3)(b) of the 1981 Act;
  4. (d) the birth has not been registered at an Indian Consulate;
  5. (e) the child has not acquired the citizenship of any third country (including the country of birth); and
  6. (f) an application for registration is made within twelve months of the birth; and [HL1466]

Whether, having regard to the amendments to Section 4(1) of India's Citizenship Act 1955 now brought into force, a child would be born a British Overseas citizen by virtue of Article 6(2) of the Hong Kong (British Nationality) Order 1986 in the following circumstances:

  1. (a) he is born in Hong Kong after 1 November 2004;
  2. (b) at the time of birth, one parent is solely a British National (Overseas), and the other parent is solely a citizen of India by birth;
  3. (c) the birth has not been registered at an Indian Consulate; and
  4. (d) the child has not acquired the citizenship of any third country, including China. [HL1467]

Baroness Scotland of Asthal

We shall update Annexe H of Chapter 14 of the Nationality Instructions as soon as possible to reflect the changes made to Section 4 of the Indian Citizenship Act. Prior to doing so, however, it will be necessary for further inquiries to be made to determine exactly how the new legislation works in practice. Until we have this further information we cannot give definitive answers to these detailed questions. My honourable friend the Minister of State for Citizenship, Immigration and Nationality will write to the noble Lord as soon as we have the clarification required.