Did not cancel Indian passport-now applying for OCI

[canindo]

I got my Canadian pasport in 2004 but did not cancel my Indian Passport at that time. I have been fined by the Indian Embassy a sum of Rs.50,000 for this.

I have submitted the OCI application. I want to know if any delays will be caused because of this or if there can be any further penalities.

 

[delhi1]

Did you get an Indian Visa

If you got an Indian Visa after 2004, the embassy should know that you are not a citizen and therefore your Indian passport is deemed cancel.

I would not pay the 50000 if the above is true.

 

[gc2cz]

I got my Canadian pasport in 2004 but did not cancel my Indian Passport at that time. I have been fined by the Indian Embassy a sum of Rs.50,000 for this.

I have submitted the OCI application. I want to know if any delays will be caused because of this or if there can be any further penalities.

Ouch.

Did you travel on the Indian passport after obtaining the Canadian passport, and then later apply for an Indian visa for the Canadian passport ?

There is an instance of something similar at this link (though not directly related to OCI) which required follow-up with the Ministry of External Affairs, India.

http://www.sarkaritel.com/forum.htm


Good luck.

 

[NCTarheel]

If you got an Indian Visa after 2004, the embassy should know that you are not a citizen and therefore your Indian passport is deemed cancel.

I would not pay the 50000 if the above is true.

I don't think the passport is officially considered cancelled until they actually stamp it so. In the UK, the Indian High Commission apparently cuts the corner (no pun intended) from the passport so that it is unusable. It is still the duty of the passport owner to have the Indian passport cancelled as soon as they acquire foreign citizenship.

 

[canindo]

Travelled under Indian passport

Yes, I did travel with Indian passport after getting citizenship in Canada once.

That seems to be the problem as OCI as you know became active only in December 2005.

While I now know that is wrong, I was amazed at two things:

1. The cost of the penalty. (which is still fine)

2. The treatment I got as I had physically gone to get the passport cancelled.

As of writing this post, I have not yet got the clearance from New Delhi, I was told such cases are happening, and mine is not the first time. But it will take upto 120 days for New Delhi to clear such cases.

Officially the punishment for this is imprisonment, or banning entry or a fine of a large amount.

** Note if one did not travel also, it is still considered against the law in India to retain Indian passport after getting a new citizenship. So hope for some of you this will be a good reminder.

Further I believe the Indian government should have given a grace period once OCI became available. After all, most Indians do not get foreign passports because they don't like their roots but for economic reasons.

 

[Desi_r_us]

Getting thru Indian Immigration

I would have thought it would be difficult to enter India on Indian passport without proof of visa/resident card in host country? Do Canadians allow physical retention of PR card after citizenship?

Yes, I did travel with Indian passport after getting citizenship in Canada once.

 

[v1v1v1]

I am amazed...

I am actually amazed that someone would try to use their Indian passport once they renounced their citizenship. If we did that with US or other advanced nations, that is illegal entry punishable by imprisonment too at times.
1) How did the airlines or any other carrier not notice that..
2) In the US, they take away your green card etc once you become a US citizen.

Nonetheless, even if you did not get it cancelled by Indian consulate, or even if you had it in your possession after getting a foreign citizenship, it is advisable to follow the guideline that , the old passport does not belong to you anymore and you do not have a right to use it. (at least for travel purposes and claiming any direct benefits).

 

[Desi_r_us]

Pack a copy of cancelled PP for !st entry after Nat?

I cant tell you how many folks I run into who 'know' that they can travel with Indian passport with dual citizenship. Even when I explain otherwise, I can see they are not easily convinced. Invariably I ask them to check the Indian Embassy Web page.

I think when I travel, I'll pack in a copy of cancelled passport page... just in case the Indian immigration guy tries to bluff that I have a valid Indian passport per system.

I am actually amazed that someone would try to use their Indian passport once they renounced their citizenship. If we did that with US or other advanced nations, that is illegal entry punishable by imprisonment too at times.

 

[hipka]

Yes, I did travel with Indian passport after getting citizenship in Canada once.

That seems to be the problem as OCI as you know became active only in December 2005.

While I now know that is wrong, I was amazed at two things:

1. The cost of the penalty. (which is still fine)

2. The treatment I got as I had physically gone to get the passport cancelled.

As of writing this post, I have not yet got the clearance from New Delhi, I was told such cases are happening, and mine is not the first time. But it will take upto 120 days for New Delhi to clear such cases.

Officially the punishment for this is imprisonment, or banning entry or a fine of a large amount.

** Note if one did not travel also, it is still considered against the law in India to retain Indian passport after getting a new citizenship. So hope for some of you this will be a good reminder.

Further I believe the Indian government should have given a grace period once OCI became available. After all, most Indians do not get foreign passports because they don't like their roots but for economic reasons.

Actually your crime of fraud is pretty big. You are lucky to get away with such a small fine, as others have mentioned you would have been jailed in the US if you travel on a fake passport.

 

[rarb]

I got my Canadian pasport in 2004 but did not cancel my Indian Passport at that time. I have been fined by the Indian Embassy a sum of Rs.50,000 for this.

I have submitted the OCI application. I want to know if any delays will be caused because of this or if there can be any further penalities.

This is quite an old post, but did you get your OCI? Please post your experience. I have a relative in a similar situation, so please advise. thanks.