Surrendering Indian Passport and getting OCI

#1 Nov 28th, 2013, 10:06
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  • Rajg is offline
#1
Hello,
My mother was born in Pondicherry and had acquired french nationality in the year 1996.

I applied for French nationality certificate in the year 2010 and this was recieved by the Frenh consulate in pondicherry on December. I travelled to US with my indian passport prior to that in the month of September. Around May 2011, I travelled to India and collected the nationality certificate. However, I did not surrender the indian passport, since I was told (by an advocate in pondicherry) that I would have to surrender my indian passport only when I get my French passport, which I now realise is not correct.

So being misinformed, I used my indian passport to travel back to US and further renewed it once in 2012.

Once I realised that this is illegal, I am trying to figure out what options I have to get out of this scenario.

I am still in US and I am planning to apply for French passport, then surrender my Indian passport. I understand that there will be penalties for the misuse of passport (Which I am ready to pay), but what concerns me more are the following:
-It is stated in some forums that this is punishable with imprisonment : Is this true? I mean in addition to paying out the penalty, will there be chances of imprisonment.
-I am planning to apply for PIO along with surrendering the passport. Will this misuse and penalties result in me not getting the PIO?
-Finally, since I am from pondicherry (not an excuse) will there be an exception to this sort of misuse? I am asking more in terms of Goa and Pondicherry where people acquire other nationality by being a resident of India.

Appreciate your inputs and suggestions.
#2 Nov 29th, 2013, 08:27
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  • surinder20e is offline
#2
You have to pay fine to get surrender certificate
Best Regards,
#3 Nov 29th, 2013, 10:21
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  • a_f_d is offline
#3
Quote:
Originally Posted by surinder20e View Post You have to pay fine to get surrender certificate
... but best do it in France.
There is no such thing as art, the best is high craft - the rest is just flim-flam
#4 Nov 29th, 2013, 12:19
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  • professorm is offline
#4
Rajg ---

You need to surrender your Indian passport as soon as possible. Since you are no longer an Indian citizen and India does not recognize double citizenship, you are in serious violation of Indian law if you use Indian passport.

I think you will have to pay hefty fine but no jail. If you are not going to travel to India forever, you need to stop using Indian passport and the coast is clear (nothing else is needed).

For PIO, I suggest that you first get your surrender certificate by paying the fine. Then and only then you apply for PIO ( I recommend OCI).

Ignorance of the law is not an excuse.
#5 Nov 29th, 2013, 14:54
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  • narendra.d is offline
#5
Obtain a French Passport first, then surrender the Indian one. If you entered the US on an Indian Passport, see how the change in nationality/Passport affects your status.
#6 Nov 29th, 2013, 15:07
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  • a_f_d is offline
#6
Here is a link to the list of penalties in UK.
They are similar everywhere - you are liable for a maximum fine of Rs. 50,000/- (possibly more in local currency depending on exchange rate).
In India the penalty includes imprisonment up to 5 years.

AndyD 8-)

P.S. The penalties are calculated from when you acquired foreign nationality, not from when you acquired a foreign passport.
#7 Nov 29th, 2013, 19:00
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  • Rajg is offline
#7

Re: Surrendering Indian Passport and getting OCI

Thanks all for your prompt responses. I havr scheduled an appointment next week to obtain french passport. And I am planning to surrender indian passport as soon as I get my french. I have to return/visit india since my parents live there. So I hope that after I pay penalties and obtain surrender certificate, there arent any issues in obtaining pio. The reason I am opting for pio is that the time taken to get it is faster than oci. And if i manage to get it w/o issues, I am planning to surrender it at a later point in time and get oci. No jail is a comforting thought though. But I feel so bad to have been ignorant about this. Hope things turn out ok. Thanks Again all.
#8 Nov 30th, 2013, 11:55
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  • surinder20e is offline
#8
Quote:
Originally Posted by Rajg View Post Thanks all for your prompt responses. The reason I am opting for pio is that the time taken to get it is faster than oci. And if i manage to get it w/o issues, I am planning to surrender it at a later point in time and get oci. No jail is a comforting thought though. But I feel so bad to have been ignorant about this. Hope things turn out ok. Thanks Again all.

OCI is granted within three months and it is valid for whole life. PIO is costlier then OCI. You can check fees for it.
#9 Jan 11th, 2014, 23:01
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  • Unicornpondy is offline
#9
Can you please tell me what happened in your issue. Since i am in a similar case as yours. Did you surrender your indian passport and get oci.? How much penalty you payed.
#10 Jan 25th, 2014, 03:09
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  • polymath is offline
#10
I know this person who seems to be doing what many do, quite blatantly. She took Canadian citizenship, and has a Canadian passport, which enables her to travel freely most places. But not India. so she does not surrender her Indian passport and flies to India several times a year with it. Mainly from Dubai where she mostly lives. So do other members of her family. I see that this is illegal and for several reasons to do with being unethical and getting away with it, I wish to report them. Where do I do it. Thee is no provision on Ministry of External Affairs or Passport Office websites to register a complaint against rule violations
#11 Jan 25th, 2014, 08:33
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  • ViShVa is offline
#11
Quote:
Originally Posted by polymath View Post I know this person who seems to be doing what many do, quite blatantly. She took Canadian citizenship, and has a Canadian passport, which enables her to travel freely most places. But not India. so she does not surrender her Indian passport and flies to India several times a year with it. Mainly from Dubai where she mostly lives. So do other members of her family. I see that this is illegal and for several reasons to do with being unethical and getting away with it, I wish to report them. Where do I do it. Thee is no provision on Ministry of External Affairs or Passport Office websites to register a complaint against rule violations
Why so vindictive? Live and let live. Go and see a Salman Khan movie. Go play a round of golf. Go take a yoga class.

Try to educate and advise her and her family. However, if you have to report it, go to your local friendly jovial police thana and file a F.I.R.
#12 Jan 25th, 2014, 09:43
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  • polymath is offline
#12
On the surface, it sounds vindictive, yes. I didn't want to put details up but this person has been getting away with breaking laws, bribing authorities and feeling entitled to do so, for years, with no consequences. I am in the unenviable position of having to put them up, deal with them and their disrespectful behaviour, every time they pass through my city. As someone who has never broken the law I don't wish to aid and abet people who do so blatantly, and get dragged down to their level. They are truly obnoxious, run down everything about this country and still use its passport and amenities and maybe there is a tiny hope that this will keep them from landing on me whenever they choose. I'm definitely reporting this. Obviously it is illegal and all I needed to know was an online method of doing the needful.Why is this so wrong?
#13 Jan 25th, 2014, 21:22
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  • surya2014 is offline
#13
Quote:
Originally Posted by polymath View Post On the surface, it sounds vindictive, yes. I didn't want to put details up but this person has been getting away with breaking laws, bribing authorities and feeling entitled to do so, for years, with no consequences. I am in the unenviable position of having to put them up, deal with them and their disrespectful behaviour, every time they pass through my city. As someone who has never broken the law I don't wish to aid and abet people who do so blatantly, and get dragged down to their level. They are truly obnoxious, run down everything about this country and still use its passport and amenities and maybe there is a tiny hope that this will keep them from landing on me whenever they choose. I'm definitely reporting this. Obviously it is illegal and all I needed to know was an online method of doing the needful.Why is this so wrong?
Polymath,
Its not Wrong. Since there is no humanitarian angle/excuse here, none whatsoever, I will go with you all the way on this one. Go ahead and send complaints to the airports, Ext Affairs ministry, Home Ministry and the Indian Embassy in Canada as well. Surya

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