Surrender of Indian Passport
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My Indian passport bears cancellation stamp. The stamp reads as under:
" Cancelled on account of holder voluntarily acquiring Canadian Citizenship." I remember that I was offered option of surrendering canceled Indian passport or retaining it with me. I opted for later.
One more question:
Landing papers are stapled to Indian passport. Does it mean we have to detach the landing papers and surrender our Indian passport?
There is one interesting article that I came across. I was thinking the same, how do you renounce a citizenship that you do not have in the first place. As soon as you become a Canadian citizen, you lose Indian citizenship. Also they are forcing you to sign the renunciation form in case you want to get any visa/OCI/PIO, which again is wrong.
If the idea was to prevent misuse of Indian passport, they should have implemented passport surrender thing with a reasonable fee without going into renunciation.
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http://nriinternet.com/NRIimmigration/INDIA/Passport_Rules/2010/passport_rules1.htm
Section 9.
Termination of citizenship. Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India.
The citizenship of India is terminated on acquiring citizenship of America as per Section 9. So, no dual citizenship, no renunciation.
And where does it say (in Section 9) that the newly naturalized person is to fill any form for automatically terminated citizenship. Section 8 however says, “prescribed manner a declaration renouncing his Indian citizenship.”
The Indian Consulate form for "Renunciation of Indian citizenship" starts with "Declaration of Renunciation of citizenship made by a citizen of India who is also a citizen or national of another country."
Why Indians who ceased to be Indian citizens on naturalization, are required to fill this form. This form is for those who are Indian citizens as well as American citizens.
Item 3 of the Renunciation Form talks about the acquisition of US citizenship while item 4 talks of renouncing of Indian citizenship which had been terminated automatically under section 9 on acquiring US citizenship.
Item 6 on the form says, "I ------------------------ do solemnly and sincerely declare that the foregoing .............."
How can someone sign a form:
1. with an incorrect heading, (Declaration of Renunciation of citizenship made by a citizen of India who is also a citizen or national of another country)
2. with inconsistency of item 3 with item 4, (No Indian in the U.S. holds citizenship of India while being citizen of the U.S.)
3. by declaring solemnly and sincerely.
If the idea is to put stamp of cancellation on the passport, a new form has to be designed. Surrendering passport, valid or invalid, should not be a problem then.
Anybody who is signing the current form to renounce Indian citizenship is doing so incorrectly and maybe illegally.
It amounts to renouncing something which a person does not have.
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I went to India in mid April and came back mid May. Immigration did not ask abt Indian passport upon landing. I have Can passport and OCI. I have the cancelled stamp on my Indian passport. Actually its in India right now.
Just curious. What if someone has destroyed or thrown out cancelled Indian passport after getting passport from another country?
KM
Location: Western Hemisphere
Posted on: 02-06-10 09:43:29
Quote:
Originally posted by KumarM
Just curious. What if someone has destroyed or thrown out cancelled Indian passport after getting passport from another country?
KM
I hope no one does that as it will only make life difficult trying to explain on an affidavit as to what happened to the passport. I never assume I would never need something in the future, because you never know.
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Dimple2001
Location: Western Hemisphere
Posted on: 02-06-10 09:45:12
Quote:
Originally posted by KumarM
I went to India in mid April and came back mid May. Immigration did not ask abt Indian passport upon landing. I have Can passport and OCI. I have the cancelled stamp on my Indian passport. Actually its in India right now.
KM
I've always carried only my Cdn passport (with visa and now with OCI) and me and my family have travelled this way with no issues at Mumbai, Delhi and Hyderabad (the 3 airports we have entered and exited so far).
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Dimple2001
Quote:
Originally posted by KumarM
I went to India in mid April and came back mid May. Immigration did not ask abt Indian passport upon landing. I have Can passport and OCI. I have the cancelled stamp on my Indian passport. Actually its in India right now.
Just curious. What if someone has destroyed or thrown out cancelled Indian passport after getting passport from another country?
KM
_________________________
If you have the photocopies of the pages use them when ever it calls for. As I said, just say that you lost your Passport and pay what ever the fee is, which is Rs.7000/= as they say on their website and close the chapter. It is expensive but who cares.
Freddie.
Looks like I am a sentimental person.
HCI link for the topic
http://hciottawa.ca/docs/Renunciation_fee.htm
FAQ section on this topic
http://hciottawa.ca/docs/Renunciation_fee_faq.htm
2. I have already obtained an Indian visa/PIO/OCI card. Do I still need to obtain the Surrender Certificate?
Yes, provided you acquired any foreign citizenship on or after 1 June, 2010. If you have an emergency travel to India coming up and hold valid visa/PIO/OCI, you may travel as of now but you should apply for Surrender Certificate at the earliest on your return as that will be required for future services at the Consulate/Embassy. It is advisable to get the Surrender Certificate immediately.
3. My Indian passport has already been cancelled by an Indian Mission but I was not issued a Surrender Certificate. Do I need to obtain one?
No, provided you acquired foreign citizenship on or before 31 May, 2010.
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