FAQs on Renunciation of Indian Citizenship
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FAQs on Renunciation of Indian Citizenship

FAQs on RENUNCIATION OF INDIAN CITIZENSHIP

 

What is the issue on surrendering of Indian nationality? Why is it necessary? What are the penalties associated with it?

Of late, many cases have been coming to the notice of this Consulate where the applicants have not surrendered their Indian Passports within three years of acquisition of US citizenship. In some cases, the applicants have gone even further and used the Indian passports for travel after acquisition of foreign nationality.

In this regard, kind attention of all People of Indian Origin (PIO) in the jurisdiction of the Consulate General of India in San Francisco, USA, who have acquired foreign nationality is invited to the following relevant extracts of the Indian Passport Act 1967:

 “The Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian passport/acquiring Indian passport/travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties. The Government of India has prescribed imposition of penalty on a graded scale, depending on number of trips made on Indian passport after acquiring foreign nationality, for the violation of Passport Rules and retention of Indian Passport for more than 3 years after acquiring of foreign nationality.” All Persons of Indian Origin (PIOs) who have been in violation of the Indian Passport Act have become liable to GOI prescribed penalty in terms of the provisions of the Act.

In view of the above, all PIOs who have been in violation of the Indian Passport Act are advised to surrender their passports without further delay and deposit the penalty wherever it has become due to escape further penalty. The defaulters may contact the Consulate General of India in San Francisco to know the actual penalty due in each case.

What additional requirements are there for minor children whose Parents are of Indian origin but the children were never holding Indian passport?

Parents of minor children of Indian origin holding US nationality are henceforth required to submit a copy of their cancelled Indian Passport with the visa application of the minor children as a proof of compliance of the Indian Passport Act to enable processing of the visa application.

Can the imposition of penalty be waived?

All PIOs concerned may kindly note that this Consulate has no authority or discretion to waive such penalty. It may also be noted that ignorance of rules is not acceptable as an excuse for waiving the penalty.

What are the requirements for Renunciation of Indian Citizenship Certificate?

The applicant has to fill the corresponding application form available in the CKGS website at www.in.ckgs.us, along with Additional Particulars Form, two photographs, the prescribed fees and copy of their Indian nationality previously held including original Indian passports and copy of US Naturalization certificate.

Why do you require Copy of Naturalization Certificate? My passport should be sufficient.

Copy of Naturalization Certificate is very important to be able to process your OCI application. However, in some circumstances, Consulate may dispose of this requirement on a case to case basis.

What proof of Indian Origin can I provide if I don’t have my Indian Passport?

If you do not have a copy of your Indian passport, you can provide

At least 2 different documents that provide sufficient evidence that the applicant has held Indian Citizenship like:

  • Any other proof substantiating the request. Usually applicants are able to submit a certificate of residence or place of birth of self / parents / grandparents from First Class Magistrate / District Magistrate (DM) of the concerned place.

OR

  • Notarized copy of educational certificate issued by an institution of India and land ownership certificate by which eligibility may be reasonably ascertained

OR

  • A duly notarized affidavit to that effect - Any notarized affidavit of birth in rupee paper is not acceptable as proof of Indian Origin. The proof must be copy of actual Indian Birth Certificate.

OR

  • A copy of an Ancestral Nativity Certificate issued by an Indian official or magistrate with sufficient authority to confirm Indian Origin of the applicant.

The decision to whether accept this type of document as proof of Indian Citizenship will be made by the Embassy/Consular Officer and will be FINAL in such cases. For more details visit the www.in.ckgs.us website.

Why do I need to renounce when I was already issued an OCI / PIO card?

Proof of Renunciation of Indian Citizenship is required along with your Visa / OCI application if you ever held an Indian Passport.  If you do not have proof of Renunciation (either a Renunciation Certificate or Cancelled Stamp due to acquisition of Foreign Nationality), you will have to apply for the same before you can get your Visa / OCI card application sent to the Consulate.

 

RENUNCIATION- Naturalized before 2010 with INDIAN PASSPORT to cancel

RENUNCIATION- Naturalized before 2010, without Indian Passport - passport lost or stolen -  (Only after Ten years of getting Naturalized)

RENUNCIATION – After 2010 with INDIAN PASSPORT to cancel

1) Renunciation Certificate – 2 Copies

1) Deemed Surrender Certificate – 2 copies

1) Renunciation Certificate – 2 Copies

2) Original Indian Passport + Copies of all information pages (pages 1-3, and last page)

2) Duly Notarized Affidavit of Loss of Indian passport

2) Original Indian Passport + Copies of all information pages (pages 1-3, and last page)

3) Copy of Naturalization Certificate

3) Copy of U.S. Passport (First page, Information page)

3) Copy of Naturalization Certificate

4) Copy of Address Proof.

 

4) Copy of Naturalization Certificate.

 

4) Copy of Address Proof.

 

5) Copy of US passport (First page, Information page)

5) Proof of Address.

 

5) Copy of US passport (First page, Information page)

6) For Minors who was naturalized under their parent

- the parent has to submit a duly notarized letter stating that the applicant acquired USA citizenship under him/her and

-provide copy of parents’ Naturalization certificate.

6) Additional Particulars Form

6) Additional Particulars Form

7) Additional Particulars Form

8) Proof of Former Indian citizenship -Copy of last held/issued Indian passport or Birth certificate or School Leaving certificate or College/secondary School Certificate or Any Indian government issued document proving former Indian citizenship.

7) For Minors who was naturalized under their parent

- the parent has to submit a duly notarized letter stating that the applicant acquired USA citizenship under him/her and

-provide copy of parents’ Naturalization certificate.

 

 

 

RENUNCIATION- Naturalized after 2010, without Indian Passport – Indian passport lost or stolen

1) Renunciation Declaration – 2 Copies

2) Affidavit of Loss duly Notarized

3) Police report about the lost Indian passport

4) Copy of Naturalization Certificate

5) Copy of Address Proof

 

6) Copy of US passport

7)  Proof of Former Indian citizenship -Copy of last held/issued Indian passport or Birth certificate or School Leaving certificate or College/secondary School Certificate or Any Indian government issued document proving former Indian citizenship.

8)  Additional Particulars Form

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IMPORTANT NOTICES:

  • ALL of the information on your application form must match the information found in your passport exactly. Verify that there are no typos or missing information.
  • Applicants who hold multiple passports/nationalities (excluding Pakistani passport holders), must apply with US passport.
  • Applicants 18+ years-old, the proof of address must be in the applicant’s name. No exceptions. Acceptable proofs of address include a Driver’s License, State ID OR utilities: natural gas, electric, water, sewage. Also, maintenance bill, heating and oil, mortgage statements, or a valid lease agreement that has not expired and is signed by both the tenant and landlord. The Address proof must match the address on the application.

The following will NOT be accepted: cell phone bill, cable or land line phone bills, credit card/ bank statements, insurance forms, tax forms, pay stubs and the address cannot include a PO Box.

There is NO expedited service provided for any visa application submitted. Applicants are advised not to book their flight until the visa is in hand. The only exceptions are for life and death situations in which an acceptable proof will be required and your options will be explained to you.

FOR ALL MINOR APPLICANTS

The signature of both parents and legal guardians on the 2nd page of minor’s application should match the signature in the passport. Significant variations in the signature provided may result in a rejection from the consulate even if there is a notary stamp. If only the mother’s maiden name appears on the minor’s birth certificate and it is different than the name on the mother’s passport, a proof of the name change is required.

 

For more information, please visit our website at in.ckgs.us

 

 

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