New Requirement of Surrendering Indian Citizenship - General Discussion

From travisa Outsourcing company that handles Indian visa applications. The instructions are pretty clear.

Former Indian Nationals: Former Indian nationals applying for an Indian visa are required to surrender citizenship of India immediately if not done already. Same day processing time will not be available, and the overall processing time will be increased.

If the applicant has already renounced Indian citizenship, one of the following must be produced as proof:

* A Certificate of Renunciation issued by a Consulate of India or,
* An Indian Passport that contains a stamp that specifically renounces the citizenship.


If the applicant has NOT renounced their Indian citizenship, or cannot show proof, the following must be provided:

* Two (2) copies of the completed renunciation form - https://www.indian-visa.com/pdf/Renunciation_Form.pdf. This form is current as of May 14, 2010. Disregard all prior versions.
* Renunciation fee of $175 paid with a separate Money Order payable to 'Consulate General of India'.If the applicant is applying in the Washington DC jurisdiction, the Money Order should payable to 'Embassy of India'.
* Copy of the Naturalization Certificate. For minors who were not issued naturalization certificates, the parents must write a statement that the minors citizenship was obtained through the parents, and provide a copy of the parents naturalization certificate.
* Most recent Indian passport that was issued in India AND, if applicable, most recent passport issued outside of India. In both cases, applicant must provide photocopies of the first three pages of the passport and the last two pages of the passport. If you are applying in the San Francisco jurisdiction, you must also supply a copy of any pages containing an entry stamp into the US. If no Indian passport was issued in India you must supply a copy of your Green Card or Employment Authorization Document..
 
Any idea how to get surrender cert. for minor PP. The Form specifically says "I ..... am of Full age and capacity....." So not sure if I need to attach a separate application for my minor son or just write his name in line 5 and that shuld do it.
 
Why is the US passport required? In an highly unlikely case where someone who naturalized does not want to apply for a US passport and still want to renounce IC, what should that person do.

Basically if they do not require US passport copy, then one can apply for renunciation right after getting NC but before getting the US passport, so that when US passport is received one can apply for OCI with Surrender certificate without delay.
 
rpranesh said:
Why is the US passport required? In an highly unlikely case where someone who naturalized does not want to apply for a US passport and still want to renounce IC, what should that person do.

Basically if they do not require US passport copy, then one can apply for renunciation right after getting NC but before getting the US passport, so that when US passport is received one can apply for OCI with Surrender certificate without delay.
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They need some form of proof of foreign citizenship. The CGISF form has checkboxes for enclosures two of which are photocopy of US passport and photocopy of US Naturalization Certificate. This would mean either would be acceptable.
 
On your first oci filling

sam012007 said:
siddh1, it was the US Passport that I applied as Expedited ... got only in 1 week and than Indian Embassy saga started ... what a mess .... no clue about your second question ... I don't have GC or EAD anything ... that they are asking in SFO ... lucky me DC isn't asking these things...
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In your signature you mentioned that you applied for oci immediately after receiving your us passport. Upon receipt of your oci application did the consulate update the status of your oci to say "scanned" or something like that? Or without any status update they return your application without any status update citing that you have to get the surrender certificate first.

I did not know about this surrender certificate and applied oci for our entire family two weeks back and the status shows currently as "scanned". I don't want the Houston consulate to return our oci application back for the exact same reason as yours. Can I call and ask them whether it's ok to send the surrender certificate form and fees now so that we can get our oci on time.
 
srisubu, my application was sent atleast 2 weeks before the new rule was placed ... I had no fr***ing movement at all in my case and after 3 weeks of "No Acknowledgment status" they finally decided to sent the whole package back to me asking for more money... yes, I lost almost 30 days, people had got OCI in 30 days ... and I am still on step 1...

Good Luck
 
sam012007 said:
srisubu, my application was sent atleast 2 weeks before the new rule was placed ... I had no fr***ing movement at all in my case and after 3 weeks of "No Acknowledgment status" they finally decided to sent the whole package back to me asking for more money... yes, I lost almost 30 days, people had got OCI in 30 days ... and I am still on step 1...

Good Luck
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Thanks for the reply! Since the status is showing as "Scanned", I don't know whether to call Houston CGI voluntarily and ask about this Surrender Certificate. :confused:
 
Keep quite and let them contact you ... or else you will risk whatever progress your case has made so far... my .2 cents
 
srisubu said:
Thanks for the reply! Since the status is showing as "Scanned", I don't know whether to call Houston CGI voluntarily and ask about this Surrender Certificate. :confused:
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I would apply for surrender certificate and have it ready. They will not send it out to you unless you have the SC. So get your SC done. Then when the OCI has been received at the consulate, you can send in your cancelled indian passport(s), surrender certificate(s) and the us passport(s).
 
sam012007 said:
Keep quite and let them contact you ... or else you will risk whatever progress your case has made so far... my .2 cents
Click to expand...
I think I'm not going to call

vip1r said:
I would apply for surrender certificate and have it ready. They will not send it out to you unless you have the SC. So get your SC done. Then when the OCI has been received at the consulate, you can send in your cancelled indian passport(s), surrender certificate(s) and the us passport(s).
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Instead as "Vip1r" mentioned, applying for the Surrender Certificate forms and get it ready by the time when my application is ready for U Visa stamping.
 
LATEST CGI-NY UPDATES 05/26/2010 - 1.20 PM

Renunciation of Indian Citizenship/Obtaining Surrender Certificate

Frequently Asked Questions

Q 1 What is a Surrender Certificate and why do I need to obtain one?
Under Indian law, Persons of Indian Origin, who have acquired foreign citizenship, are required to surrender their Indian passports to the nearest Indian Mission/Post immediately after acquisition of foreign citizenship and should obtain a Surrender Certificate.

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.

Q2 I have already obtained an Indian visa/PIO/OCI card. Do I still need to obtain the Surrender Certificate?
Yes, you need to obtain the Surrender Certificate. If you have an emergency travel to India coming up and hold valid visa/PIO/OCI, you may travel as of now but you should apply for Surrender Certificate at the earliest on your return.

Q3 My Indian passport has already been cancelled by an Indian Mission but I was not issued a Surrender Certificate. Do I need to obtain one?
Even though your passport has a cancelled stamp, you need to formally renounce your citizenship as per the prescribed format and obtain a Surrender Certificate as a proof of having done so.


Q4 I have lost/misplaced/submitted (to US authorities) my Indian passport. How may I obtain a Surrender Certificate?

If you do not have your Indian passport, you need to submit a sworn affidavit (notarized) explaining loss of your passport. You may attach a copy of your lost passport with your application. If your passport has been retained by the US authorities, you may submit some documentary proof to that effect. If you have lost an Indian passport which was valid beyond January 2005, you need to submit a police report along with your application. You may also provide additional documents (copy of birth certificate) to prove your Indian origin. Once your application is accepted as complete, we’ll issue you an acknowledgement that you have surrendered your citizenship and that your passport has been lost.

Q5 May I apply for Surrender Certificate and visa/PIO/OCI at the same time?
You should first obtain the Surrender Certificate and then apply for other services.

Q6 I have to undertake an emergency travel. Can I obtain Surrender Certificate and the Indian visa the same day?
Yes, if you have an emergency, you may first apply for SC at the Consulate. Once you have the SC, you may apply for emergency visa.

Q7 I have included names of my minor children in my renunciation form. Is this sufficient for renouncing their citizenship as well or separate applications need to be submitted for them?
Yes, you need to submit separate applications along with their Indian passports for your minor children. The fees and penalties are same as in cases of adult applications.

Q8 I have to process Surrender Certificates for my whole family. May I send all the applications as one mail and a combined money order/certified check for all the fees and mailing charges?
Yes. The total mailing charges for the whole family are $20 only. You need not send mailing charges separately for all applications of a family.

Q9 My minor children have obtained their US passports but do not have their naturalization certificates. How may I apply for them?
You may submit copies of their first US passports instead.

Q10 I became a US citizen more than 20 years ago. My child who travelled from India on my passport never held an Indian passport. Do we still need to renounce the Indian citizenship?
Even though you became a US citizen long time ago, you need to formally renounce the Indian citizenship and obtain a Surrender Certificate. Children, who travelled on their parents’ Indian passports, also need to renounce their Indian citizenship. They may submit copies of their parents’ passports along with their application.
 
This drama has been going on in UK since last October. I guess we never caught on, until now.

www_indiavisaheadoffice_co_uk//blog/2009/11/09/indian%E2%80%99s-must-surrender-indian-passports-before-obtaining-visa-for-india/comment-page-1/

(replace the _ with . to get to website, I can't post links yet)
 
Answer to Q3 is absolutely ridiculous, if you have a canceled Indian passport that means it had been stamped canceled by the Indian Embassy and the the citizenship was surrendered at the same time. How in the world they could expect you to surrender something that had already been done in past?

I love how they do business --- no fr***ing common sense in these babus brains.

Q3 My Indian passport has already been cancelled by an Indian Mission but I was not issued a Surrender Certificate. Do I need to obtain one?
Even though your passport has a cancelled stamp, you need to formally renounce your citizenship as per the prescribed format and obtain a Surrender Certificate as a proof of having done so.
 
sam012007 said:
Answer to Q3 is absolutely ridiculous, if you have a canceled Indian passport that means it had been stamped canceled by the Indian Embassy and the the citizenship was surrendered at the same time. How in the world they could expect you to surrender something that had already been done in past?

I love how they do business --- no fr***ing common sense in these babus brains.

Q3 My Indian passport has already been cancelled by an Indian Mission but I was not issued a Surrender Certificate. Do I need to obtain one?
Even though your passport has a cancelled stamp, you need to formally renounce your citizenship as per the prescribed format and obtain a Surrender Certificate as a proof of having done so.
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The Indian consulate at San Francisco seems to have a different understanding and it makes sense - it states that if your passport is already canceled, you don't have to pay anything and a surrender certificate will NOT be issued. See Item 1 in the table:
http://www.cgisf.org/renunciation/ricscpenalty.html
 
Why would anyone admit renewal or used for travel after acquiring of US Citizenship? Will they just claim, loss of passport, fully aware that Indian records cannot be detailed enough to know when a person entered India on which passsport.
 
I don't see anywhere in the CGI Houston site regarding the Renunciation. If any has the link regarding the Renunciation or Surrender Certificate Form in CGI Houston, please post it here. Without the form how can I send this? Or CGI just needs the $175
 
Ham sab ek hai ...??? kaha se???

SFO - NYC - TAX - DC ---> everyone has their own rules regulations ... JAI MATA DEE
 
Surrender Cert

Hello All,

With different interpretations across consulates, can someone advise if I need a SC based on the following facts?

US Citizenship - 10/06
OCI/U visa from CGI Chicago - 10/07
Indian Passport canceled at CGI Chicago - 10/07
Indian Passport expired - 04/08
Traveled on US Passport - 10/08 and 01/09

In my opinion, I will not need SC but wanted to validate since some of you have been-there-done-that.
 
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