Some extract on this topic
Thanks sam012007..
What do you mean by next time when I deal with I have to pay $ 175? Thoda teekh se samazhavji..
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In spite of strong objections from the India [ Images ]n-American
community, the government of India has abruptly introduced another set
of rules for those who have taken up United States' citizenship.
The websites of the consulates have been publishing new rules and
penalties almost every day without any advance notice.
It began with the rule that those applying for the Overseas
Citizenship of India Card should renounce their Indian citizenship by
paying $175 and obtaining a Surrender Certificate. They should produce
their old passports (valid/expired) while doing so. That is in
addition to the $275 for the OCI card.
Most Indian Americans branded it as a ploy to make an extra $175. More
than the money, what irked most was the rule to obtain a surrender
certificate in advance, which might take at least two weeks.
Renouncing the old passport could be done at the time of applying for
the OCI card. The consulate could have asked for the old passports and
issue a surrender certificate then. But as per the new rules, one has
to renounce Indian citizenship within three months of taking up the
citizenship of another country.
Many thought they could circumvent this rule by applying for a tourist
visa to visit India, instead of an OCI card. But new rules for tourist
visas state 'Persons of Indian Origin, his/her spouse and dependent
children will be granted only an entry visa and should not apply for a
tourist visa.'
To get an entry visa, one has to produce a surrender certificate by
paying $175. For availing any consular service, the person of Indian
origin needs the surrender certificate.
The embassy has also laid out fees and heavy penalties that will be
clamped if the PIO doesn't renounce Indian citizenship.
The Indian Americans question the use of Section 8 of the Citizenship
Act 1955 for the renunciation, as they point out that they are covered
under Section 9.
"The provisions for termination of citizenship are separate and
distinct from the provisions for making a declaration of renunciation.
While, renunciation of citizenship is covered in Section 8 of the
Citizenship Act 1955 and has to be applied on a prescribed form,
automatic termination of citizenship is covered under Section 9 and
requires no formal application to the Indian government," noted Inder
Singh, chairman of Global Organisation of People of Indian Origin.
"Indians in the United States, who have acquired American citizenship,
are covered under section 9 and not under Section 8," he said.
Section 8 of the Citizenship Act says, "Any citizen of India of full
age and capacity, who is also a citizen or national of another
country, 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."
However, as per Section 9 of the same Act, "Any citizen of India who
by naturalisation, registration or otherwise voluntarily acquires, or
has at any time between the 26th January, 1950 and the commencement of
this Act voluntarily acquired, the citizenship of another country
shall, upon such acquisition or, as the case may be, such
commencement, cease to be a citizen of India."
There are thousands of people who have obtained US citizenship in the
last sixty years. They have been traveling to India on an American
passport and Indian visa granted by the same consulates whose websites
have new rules which are applicable retroactively, Singh noted.
"The requirement of surrendering their Indian passports after the
lapse of many years of their naturalization would cause undue hardship
and delay in getting consular services," he said.
John Titus, president of the Federation of Malayalee Associations,
said the rules will only alienate the community and used to harass the
people.
"The babus in the bureaucracy look at the NRI with contempt and the
bill is another example of it. For 175 dollars, they are creating
heartaches among the people," said Paul Karukappilli, president of the
Federation of Kerala [ Images ] Associations in North America.
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