1. Why is it mandatory to surrender your Indian passport after obtaining foreign nationality?
When an individual acquires foreign citizenship, it is mandatory under the Passports Act 1967 to surrender the Indian passport immediately. The Indian government does not allow dual citizenship, and misuse of the Indian passport after acquiring foreign nationality is considered an offense under Section 12(1A) of the Passports Act. Failing to surrender the passport can result in legal penalties and hinder access to essential consular services.
2. What services are affected if I don’t surrender my Indian passport after acquiring foreign citizenship?
If you do not surrender your Indian passport, you will be ineligible to apply for services like OCI (Overseas Citizenship of India), PIO (Person of Indian Origin) cards, or Indian visas. The Indian Embassy or Consulate will require proof that your Indian passport has been surrendered before processing these applications. Holding on to your Indian passport after becoming a citizen of another country can lead to complications in accessing these essential services.
3. How do I surrender my Indian passport after acquiring foreign citizenship?
Surrendering your Indian passport is a straightforward process. You can begin by filling out the form for miscellaneous services available on the Indian Embassy or Consulate's website. When filling out the form, choose option 8, which is designated for "Miscellaneous Services." Along with this form, you must include a covering note clearly stating the date on which you acquired foreign nationality. A fee is applicable for this service, which may vary depending on your location.
It is advisable to check the specific requirements and fee structure on the official website of the Indian Mission/Post in your country of residence. Ensuring that your documentation is complete and accurate will expedite the process and avoid unnecessary delays.
4. What are the penalties for not surrendering an Indian passport after acquiring foreign nationality?
Penalties for not surrendering your Indian passport after acquiring foreign citizenship depend on how long you retain the passport and whether you have used it for travel. Below is a detailed breakdown of the scenarios and associated penalties:
Scenario 1: Up to 3 years without travel on the Indian passport
Penalty: No penalty.
If you have not used your Indian passport for travel within three years of acquiring foreign nationality and have not surrendered it, there is no penalty for retention.
Scenario 2: Up to 3 years with one travel on the Indian passport
Penalty: Rs. 10,000/- for travel.
No penalty for retaining the passport, but a Rs. 10,000/- penalty is imposed for traveling on the Indian passport after acquiring foreign nationality.
Scenario 3: Up to 3 years with multiple travels on the Indian passport
Penalty: Rs. 10,000/- per travel, with a maximum penalty of Rs. 50,000/-.
Retaining the passport without traveling incurs no penalty, but a Rs. 10,000/- penalty applies for each travel, with the total penalty capped at Rs. 50,000/-.
Scenario 4: Over 3 years with travel on the Indian passport
Penalty: Rs. 10,000/- for retaining the passport and Rs. 10,000/- per travel (maximum Rs. 50,000/-).
If you retain your Indian passport for over three years and use it for travel, you will be penalized Rs. 10,000/- for retention and an additional Rs. 10,000/- per travel, with a maximum travel penalty of Rs. 50,000/-.
Scenario 5: Renewal or re-issue of Indian passport after acquiring foreign nationality and traveling on it
Penalty: Rs. 25,000/- for each renewal/re-issue and Rs. 10,000/- per travel (maximum Rs. 50,000/-).
Renewing or re-issuing your Indian passport after acquiring foreign nationality incurs a Rs. 25,000/- penalty per renewal/re-issue, along with Rs. 10,000/- per travel, with the total travel penalty capped at Rs. 50,000/-.
5. Is there a grace period for using the Indian passport after acquiring foreign citizenship?
Yes, there is a grace period of three months from the date of acquiring foreign citizenship. During this period, you can travel on your Indian passport without incurring any penalties. This grace period allows new foreign citizens to complete their travel arrangements while they transition to their new nationality. However, it is crucial to surrender the Indian passport immediately after this grace period to avoid penalties.
6. What documents are required when applying for an OCI/PIO card or Indian visa after acquiring foreign citizenship?
When applying for an OCI (Overseas Citizenship of India) card, PIO (Person of Indian Origin) card, or an Indian visa, you are required to submit a Surrender Certificate. This certificate is proof that you have surrendered your Indian passport after acquiring foreign nationality. If you do not have a Surrender Certificate, you must provide an affidavit confirming the status of your previously held Indian passport. Additionally, you must include details of any journeys you undertook on the Indian passport after acquiring foreign citizenship.
Ensuring that these documents are in order will help you avoid delays and complications in your application process.
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