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. © Copyright 2006 Nriinformation.com
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Informing educating and connecting Indians across the globe
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. © Copyright 2006 Nriinformation.com
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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.
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