Renunciation/Dual Passport problems, please help!

[Lylah]

Hi,

I'm having a really big issue with my passports, one of which is India. I am not going to write the other country, because I'm a little nervous since what I have done is slightly illegal.

My background: My parents divorced when I was young, and I moved back to India with my mum when I was 3. I was using my indian passport then, and have been since I was that age for visas etc. I was entitled to the other citizenship because my father is from that country, but was unaware that upon birth I was granted a passport which was kept by my father. I became aware of this passport when I was 18 and used it occasional to enter and leave the country. I would occasionally get visas for the country on my indian passport, because I was nervous about the situation.

Recently, after I graduated I moved back to this country. When I was leaving India, immigration was suspicious and asked how I would be living in this country. I managed to get by because I also have an ID card, which is like a residents permit, but after this I knew that I would not be able to come back to India on my Indian passport. So I started the process of renunciation. I went to the consulate in my city, and I told them that I was unaware of my previous passport, and I got a new one 10 months ago. They were suspicious because of course they know the law in this country, and know I have been entitled to citizenship since I was born. I do not have any naturalization papers, or anything of the sort. so they have asked me to go to the passport office here, and get a document stating when I got my passport, and how many I have had.

I am aware of the penalties for this, its $250 per travel I have made using my Indian passport. The consulate told me that I should have given the passport up in 2010. However, I did not.

I need to be able to travel to India, my mum and family lives there, is it possible for the Indian consulate to ban me from India for doing this? It was an honest mistake and I deeply regret it, as long as I pay the fine its ok is it not? Is it possible for them to jail me if I travel to India? Is it possible for them to say they will not give me an OCI card? Someone please please respond.

Thank you,
Lylah

[AMAULIK]

Hi Lylah,

If you were granted a foreign passport after birth, then you were neither an Indian citizen legally nor entitled to an Indian passport. This is different from a situation where you would have been entitled to a foreign passport, but were registered an Indian citizenship with Indian passport, before obtaining a foreign passport.

I suggest you surrender your Indian passport with immediate effect at the Indian embassy abroad and explain to them with documentary evidence about the background to your case. Thereafter you can apply for an OCI. The grant will be MHA's discretion.

Hi,

I'm having a really big issue with my passports, one of which is India. I am not going to write the other country, because I'm a little nervous since what I have done is slightly illegal.

My background: My parents divorced when I was young, and I moved back to India with my mum when I was 3. I was using my indian passport then, and have been since I was that age for visas etc. I was entitled to the other citizenship because my father is from that country, but was unaware that upon birth I was granted a passport which was kept by my father. I became aware of this passport when I was 18 and used it occasional to enter and leave the country. I would occasionally get visas for the country on my indian passport, because I was nervous about the situation.

Recently, after I graduated I moved back to this country. When I was leaving India, immigration was suspicious and asked how I would be living in this country. I managed to get by because I also have an ID card, which is like a residents permit, but after this I knew that I would not be able to come back to India on my Indian passport. So I started the process of renunciation. I went to the consulate in my city, and I told them that I was unaware of my previous passport, and I got a new one 10 months ago. They were suspicious because of course they know the law in this country, and know I have been entitled to citizenship since I was born. I do not have any naturalization papers, or anything of the sort. so they have asked me to go to the passport office here, and get a document stating when I got my passport, and how many I have had.

I am aware of the penalties for this, its $250 per travel I have made using my Indian passport. The consulate told me that I should have given the passport up in 2010. However, I did not.

I need to be able to travel to India, my mum and family lives there, is it possible for the Indian consulate to ban me from India for doing this? It was an honest mistake and I deeply regret it, as long as I pay the fine its ok is it not? Is it possible for them to jail me if I travel to India? Is it possible for them to say they will not give me an OCI card? Someone please please respond.

Thank you,
Lylah

[indocan]

Few years ago, the Government introduced penalties for misuse of Indian passport after obtaining foreign nationality. Based on information posted on various Indian mission websites, there are prescribed penalties for the type of violation of rules such as renewing/reissuing of passport and/or using it for travel after acquisition of foreign nationality. I believe that they introduced these penalties because they had noticed that a lot of people had not surrendered their passports and continued to use them even after acquiring another nationality.

I thought that the whole purpose of introducing these penalties was to get people to surrender their passports and become compliant with the law by paying the requisite penalty. The Government would then issue the applicant a so called "surrender certificate". Once you have the surrender certificate, then you become compliant with the law and then can apply for consular services such as visa and OCI.

I don't know which country you are located in, but you can read more about the surrender certificate process here:

http://www.in.ckgs.us/renunciation/renunciation-categories/renunciation-before-first-june2010.shtml

http://hciottawa.ca/view_detail.php?id=18

Either way, you should apply to obtain a surrender certificate and hopefully then they will let you apply for OCI.

Hi,

I'm having a really big issue with my passports, one of which is India. I am not going to write the other country, because I'm a little nervous since what I have done is slightly illegal.

My background: My parents divorced when I was young, and I moved back to India with my mum when I was 3. I was using my indian passport then, and have been since I was that age for visas etc. I was entitled to the other citizenship because my father is from that country, but was unaware that upon birth I was granted a passport which was kept by my father. I became aware of this passport when I was 18 and used it occasional to enter and leave the country. I would occasionally get visas for the country on my indian passport, because I was nervous about the situation.

Recently, after I graduated I moved back to this country. When I was leaving India, immigration was suspicious and asked how I would be living in this country. I managed to get by because I also have an ID card, which is like a residents permit, but after this I knew that I would not be able to come back to India on my Indian passport. So I started the process of renunciation. I went to the consulate in my city, and I told them that I was unaware of my previous passport, and I got a new one 10 months ago. They were suspicious because of course they know the law in this country, and know I have been entitled to citizenship since I was born. I do not have any naturalization papers, or anything of the sort. so they have asked me to go to the passport office here, and get a document stating when I got my passport, and how many I have had.

I am aware of the penalties for this, its $250 per travel I have made using my Indian passport. The consulate told me that I should have given the passport up in 2010. However, I did not.

I need to be able to travel to India, my mum and family lives there, is it possible for the Indian consulate to ban me from India for doing this? It was an honest mistake and I deeply regret it, as long as I pay the fine its ok is it not? Is it possible for them to jail me if I travel to India? Is it possible for them to say they will not give me an OCI card? Someone please please respond.

Thank you,
Lylah