Go Back  FlyerTalk Forums > Destinations > Asia > India
Reload this Page >

Petition opposing retroactive changes applicable to former Indian citizens

Community
Wiki Posts
Search

Petition opposing retroactive changes applicable to former Indian citizens

Thread Tools
 
Search this Thread
 
Old Jun 2, 2010, 8:14 am
  #31  
 
Join Date: Nov 2009
Location: PDX
Programs: Don't think it matters...
Posts: 5,240
Originally Posted by GUWonder
The laws applicable with regard to citizenship of India are nothing new (as they've been around for "ages"), but what is new are the rules in play now applicable to former citizens of India and the relatively growing consistency of the newer rules in play now.

This new way is part of what India gets when the MEA and -- more so -- MHA (and the other "security" related Indian government entities -- start considering the word from the US government to be sacrosanct gospel.
but frankly, IMHO, I feel we easily tend to speak against India whereas no one can say anything whenever US or any 'developed' st workd country does anything..since they will say the word 'security' and thts the answer to any and everything they so..
wht can be the plausible explanation for the US embassy action as given in detail below in my post..
abhilife2001 is offline  
Old Jun 2, 2010, 11:07 am
  #32  
 
Join Date: Aug 2000
Location: Exile
Posts: 15,660
Originally Posted by oliver2002
I seriously doubt anyone is travelling to india with an indian passport that should have been cancelled at the time they acquired the new citizenship.
I hope this is intended to be tongue in cheek. I know at least a dozen people personally who do exactly this, including some extended family members.
B747-437B is offline  
Old Jun 2, 2010, 11:33 am
  #33  
Moderator: Lufthansa Miles & More, India based airlines, India, External Miles & Points Resources
 
Join Date: Dec 2002
Location: MUC
Programs: LH SEN
Posts: 48,188
How does that work in practice? When you leave the country the BoI takes pains to make sure you have a visa for your destination, as does the airline transporting you? Surely showing them an indian passport without a visa for the destination wouldn't suffice?
oliver2002 is online now  
Old Jun 2, 2010, 1:38 pm
  #34  
 
Join Date: Sep 2007
Location: SFO
Programs: AA EXP (One World Emerald), Hilton Gld, Marriot Slvr
Posts: 252
Originally Posted by B747-437B
I hope this is intended to be tongue in cheek. I know at least a dozen people personally who do exactly this, including some extended family members.
I can see how this could work going INTO India. But I fail to see how this could work coming out (outbound immigration asks to see entry documentation for the destination country, don't they?) - If an Indian passport was used to get in, there is no Indian entry stamp on the US passport. If they show only US passport to the outbound immigration people, then that US passport doesn't carry an Indian entry stamp/visa.....
PHL_roadwarrior is offline  
Old Jun 2, 2010, 1:44 pm
  #35  
Suspended
Original Poster
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by abhilife2001
but frankly, IMHO, I feel we easily tend to speak against India whereas no one can say anything whenever US or any 'developed' st workd country does anything..
There's no evidence of that being the case on FT. Governments get the criticism they deserve, the US no exception to that here on FT. Have you checked out the Travel Safety & Security forum on FT? It's interesting.
GUWonder is offline  
Old Jun 2, 2010, 1:58 pm
  #36  
Suspended
Original Poster
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by oliver2002
How does that work in practice? When you leave the country the BoI takes pains to make sure you have a visa for your destination, as does the airline transporting you? Surely showing them an indian passport without a visa for the destination wouldn't suffice?
But for those with legal residency status in a second/third country with the residency permit for the other country issued in relation to their Indian passport, they may be able to pull the above off if the non-Indian citizenship is that of a country beside the one for which they have a valid residency permit in relation to the Indian passport and such persons have not naturalized in that other country.

Some previously former Indian citizens who became PIOs/OCIs have since naturalized so as to become Indian citizens again and done so by surrendering (one of their 3+) citizenship(s) in a third or fourth country. The Indian government is none the wiser for it because they use residency permits/visas affiliated with their Indian passports when exiting and entering India and surrendered citizenship of some country.

The Indian government is trying to chase after a horse that has long ago left the barn.

Last edited by GUWonder; Jun 2, 2010 at 2:06 pm
GUWonder is offline  
Old Jun 2, 2010, 2:05 pm
  #37  
Suspended
Original Poster
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by PHL_roadwarrior
I can see how this could work going INTO India. But I fail to see how this could work coming out (outbound immigration asks to see entry documentation for the destination country, don't they?) - If an Indian passport was used to get in, there is no Indian entry stamp on the US passport. If they show only US passport to the outbound immigration people, then that US passport doesn't carry an Indian entry stamp/visa.....
It could be done by Indian passport holders who meet at least both of the following conditions: had a European residency permit granted in relation to the Indian passport; had earlier become naturalized in the US.
GUWonder is offline  
Old Jun 2, 2010, 3:08 pm
  #38  
 
Join Date: Sep 2007
Location: SFO
Programs: AA EXP (One World Emerald), Hilton Gld, Marriot Slvr
Posts: 252
Talking GoI relents?

Looks like the online petition (??) and any other pressure brought on worked....
http://www.indiacgny.org/php/showHig...?h_id=144&key=

Fee for surrender of old indian passports for people who became citizens of foreign countries prior to end of May 2010 reduced to $20 (mention of fines etc. seems to have disappeared as well.....)^
PHL_roadwarrior is offline  
Old Jun 2, 2010, 3:43 pm
  #39  
Suspended
Original Poster
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by PHL_roadwarrior
Looks like the online petition (??) and any other pressure brought on worked....
http://www.indiacgny.org/php/showHig...?h_id=144&key=

Fee for surrender of old indian passports for people who became citizens of foreign countries prior to end of May 2010 reduced to $20 (mention of fines etc. seems to have disappeared as well.....)^
"Uncle!", or should that be "Auntie!"? Oh, why not both.
GUWonder is offline  
Old Jun 7, 2010, 7:44 pm
  #40  
 
Join Date: Apr 2009
Location: 1 AU
Programs: Support the Tyrants Travel Club
Posts: 2,708
Originally Posted by d3vski
Every Indian passport that has a permanent residency stamp from a foreign country is marked with the following:

"If the holder acquires foreign citizenship, this passport should be surrendered to the nearest Indian mission".
I believe this was only printed on Indian passports renewed at foreign posts. One of my relatives recently got OCI and when we looked at her Indian passport, there was no such stamp. She did not have to renew her Indian passport overseas.

Originally Posted by gya007
This is the GoI's (only?) way of recording the fact that person X has renounced Indian citizenship. Previously, I believe, when someone got US citizenship, they'd have to surrender their Indian passport, which would then make its way thru the official channels to the Indian consulates - they'd then know that person X is no longer and Indian citizen?
How long ago was that? I don't think the US ever had laws against dual nationality, so I don't know why that would have applied.

Originally Posted by PHL_roadwarrior
For example a few OCI cards were processed in the last 2 months for some in my family. As part of the application, given the rather unclear "renunciation" instructions on the consulate's website, renunciation forms were duly filled in and sent in along with the original indian passports. One passport showed up with a "cancelled" stamp on it and another showed up without the cancelled stamp on it . One renunciation form just came back (no seal/sign/annotations....just the form as was sent in) and the other renunciation form didn't make it back at all!!!
My father also got OCI about 3 months ago and he did not have to renounce his Indian passport.

Originally Posted by oliver2002
How does that work in practice? When you leave the country the BoI takes pains to make sure you have a visa for your destination, as does the airline transporting you? Surely showing them an indian passport without a visa for the destination wouldn't suffice?
For the airline, you can probably show your other passport and get away with it. For BoI, I'm not sure how one would get around that.

Also, with programs like Global Entry in the US, I'm guessing it is technically possible to enter India on one passport and come back on your foreign one. There are no stamps in your passport and no one checks it. But that would be breaking the rules of the program, I think :/

-----------------------------------------------------

I still have two Indian passports (one officially canceled, one not - although it has expired) in my possession. I already have OCI, but I would have considered surrendering the uncanceled one if not for the aggressive $$ grabbing backhand. After all, who knows what retroactive laws and penalties GoI will try to implement next. Now I'm inclined to keep holding on to it and instead give the figurative finger to the lawmakers <== and no, not this finger
Mr. Bean is offline  
Old Jun 7, 2010, 7:48 pm
  #41  
 
Join Date: Apr 2009
Location: 1 AU
Programs: Support the Tyrants Travel Club
Posts: 2,708
Originally Posted by PHL_roadwarrior
Looks like the online petition (??) and any other pressure brought on worked....
http://www.indiacgny.org/php/showHig...?h_id=144&key=

Fee for surrender of old indian passports for people who became citizens of foreign countries prior to end of May 2010 reduced to $20 (mention of fines etc. seems to have disappeared as well.....)^
I don't see anything at that link in Opera or FireFox. Anyone have the text?
Mr. Bean is offline  
Old Jun 7, 2010, 7:52 pm
  #42  
 
Join Date: Apr 2009
Location: 1 AU
Programs: Support the Tyrants Travel Club
Posts: 2,708
Originally Posted by Mr. Bean
I don't see anything at that link in Opera or FireFox. Anyone have the text?
Ah here it is - had to navigate to it from the home page:

Renunciation of Indian Citizenship and Surrender Certificate for Passports



Indian citizens acquiring foreign citizenship are required to renounce their Indian citizenship and surrender their Indian passports for cancellation. They are issued a surrender certificate by the Consulate.


Till 31st May, 2010, the fee applicable for renunciation of Indian citizenship and obtaining a surrender certificate was US $ 175. Penalties were also applicable in certain cases. However, with effect from 1st June, 2010, the Government of India has made a relaxation in regard to cases to be processed in future.



In this regard, please note that:


Persons of Indian origin who acquired foreign citizenship on or before 31st May, 2010 should approach the Consulate for cancelling their passports if this has not been already done. They will have to pay cancellation charge of US $ 20 per person in addition to mailing charges of US $ 20. This relaxation will not cover applications processed before 1st June 2010.

However, Indian citizens acquiring foreign citizenship on or after 1st June, 2010 will have to pay the renunciation fee of US $ 175 per person (in addition to mailing charges of US $ 20 for cancellation of Indian passports). Penalties would be applicable in case such passports are not surrendered within 90 days of acquiring foreign citizenship.
Mr. Bean is offline  
Old Jun 8, 2010, 12:01 am
  #43  
Moderator: Lufthansa Miles & More, India based airlines, India, External Miles & Points Resources
 
Join Date: Dec 2002
Location: MUC
Programs: LH SEN
Posts: 48,188
Originally Posted by Mr. Bean
For the airline, you can probably show your other passport and get away with it. For BoI, I'm not sure how one would get around that.

Also, with programs like Global Entry in the US, I'm guessing it is technically possible to enter India on one passport and come back on your foreign one. There are no stamps in your passport and no one checks it. But that would be breaking the rules of the program, I think :/
The US encourages you to use two passports if you have dual nationality (as they allow it) so if you have german and US nationality, you should use your german passport to leave Germany and your US passport to enter the US. India however doesn't allow dual nationality, so the 'oh I have two passports' shouldn't really work either at the checkin desk as well as the immigration desk when you are leaving. And yes, the BoI checks where you are going and if you have a permit to go where you are going. The simple reason behind that is for the GoI to avoid the hassle of dealing with deportees and getting further blacklisted with certain governments.
oliver2002 is online now  
Old Jun 11, 2010, 4:03 am
  #44  
 
Join Date: Mar 2008
Location: London, UK
Programs: BA Gold (OW Emerald) & Jet Airways - Thank goodness i never got started.......most awful FF program
Posts: 2,385
Many posters are asking how it is possible to get past BoI in India with an Indian passport on exit if you also have foreign citizenship.

Well in the UK it is very easy. When you naturalize, as a pre requisite you must have PR status and in the UK, the PR status is a permit pasted onto your foreign passport. So when you naturalize the UK does not cancel the PR permit and returns your foreign passport back to you. A little while later, you get a certificate of naturalization and you pop down to the passport office and get your new UK passport but nobody cancels your PR permit in your now technically invalid Indian passport.

When travelling to India, you just use your Indian passport as it still has the PR stamp/permit which is valid as it does not have an expiry date. When leaving India, the BoI will just assume that you do have not bothered to naturalize and if you do not carry your foreign passport in India, they will be none the wiser unless they do intensive checks with the British authorities. While arriving in the UK, you will be stamped in as a PR status holder.

Their is also a sinister side why the Indians are asking for proof of surrendering because the newly naturalized Brits are selling their old Indian passports with PR stamps for large amounts of money to people traffickers.

The UK is putting pressure on India to stem the flow of irregular migrants (at the end of the day they are Indian citizens) and India has to be seen to make efforts to reduce it otherwise their would be harsher visa regime being introduced. e.g. interviews for every person, far more in depth papers or a cap on amount of visas issued.
d3vski is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.