Q.821 Resuming Indian Citizenship after taking Foreign Passport
Question: Hi Team,
I gone through below url and contents and feel some hopes.
http://nriinformation.com/nri_guide/disadvantage_foreign_citizenship.htm
Sections 8, 'Renunciation of citizenship' parts which apply are reproduced below to provide further clarification.
1. If any citizen of India of full age and capacity, makes in the
prescribed manner a declaration renouncing his Indian citizenship,
the declaration shall be registered by the prescribed authority; and
upon such registration, that person shall cease to be a citizen of
India.
I took Foreign citizenship just before 20 days and applied for OCI
and Renunciation of Indian citizenship and asked them to put on
HOLD. It was just due to misunderstanding that OCI is duel
Citizenship and its my fault. I request Consulate General in Sydney
and they replied that Indian citizenship stands automatically
cancelled from the day I obtained Australian citizenship.
Cancellation of Indian passport is mandatory as per Government of
India regulations.
Can you please suggest, still do I have any any way/option to
resume the Indian passport /Citizenship which I didn't formally done Renunciation? or can you direct me/share the
contact details of the appropriate department, if any ?
It will be appreciated if you can reply urgently.
Thank you .
Best Regards,
(Name withheld on request of sender)
[November 11, 2015]
Answer: Your assumption that unless a person renounces their Indian citizenship, they retain their Indian
citizenship even though they have acquired foreign citizenship, is not correct.
Renunciation of Indian citizenship these days is required to ensure that a person who has acquired foreign citizenship
does not misuse their previously issued Indian passport. It is a method to ensure that Indian passports of those
acquiring foreign citizenship, are duly cancelled. In case a person chooses not to follow the renunciation rules, they
would not be able to avail any services from Indian consulates. This would perhaps also mean they would not be able
to travel to India as no visa will be issued unless a renunciation certificate is provided.
The Consulate General Sydney response to you is correct. Indian law does not allow a person to hold Indian
citizenship and foreign citizenship at the same time. When a person acquires foreign citizenship they automatically
lose their Indian citizenship.
The Section 8 lines that you have quoted are in context of minors loosing Indian citizenship when parents renounce
Indian citizenship. This was perhaps part of the rules when OCI scheme had not even been announced!
If you read the full document on Indian citizenship, you will realize that India does not allow dual citizenship. All
government of India websites, do clearly state that OCI is not dual citizenship.
The only option that you now have is to apply for Indian citizenship under the current rules. This will take time, you
will not be able to get Indian citizenship immediately.
Readers of this page are strongly advised that change of citizenship should be considered after careful thinking of
pros and cons.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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