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Travelling to India after Naturalization

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Hanuman
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Travelling to India after Naturalization

Post by Hanuman » Thu Jul 02, 2009 4:36 pm

Hello there,

I need help,

I got the naturalization certificate today AND NOT yet applied for the British Passport

but have to go to India next week,

My tickets are booked.

I hold a valid Indian passport.

Now can I travel to India on indian passport next week? As getting a first time UK passport takes upto 6 weeks, then I'll have to wait for the Visa after getting the Passport, which means I cannot travel for atleast 8 weeks.

Please advise.

Thanks alot for your help in advance.
Regards

GoodFun
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Post by GoodFun » Thu Jul 02, 2009 6:45 pm

Technically, you lose your Indian nationality as soon as you become the national of another country.

global gypsy
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Post by global gypsy » Thu Jul 02, 2009 8:55 pm

Technically now you are a British citizen. So you should not travel on your Indian passport. In fact, that passport is null and void now.
You could, however, travel on it illegally if you are prepared to take the risk. I don't believe UKBA informs Indian consulate here about your citizenship switch, so you are 'safe' to that extent. But it's a risk you take.

Another thing you should consider is how you can return to the UK. As a UK citizen, you are supposed to enter the country on your UK passport.

Best of luck.

lboro
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Post by lboro » Fri Jul 03, 2009 10:27 am

Is it really a requirement to enter UK with your UK passport if you have dual citizenship? Correct me if I am wrong but as far as I know you can enter UK with your other passpoprt even if you have UK citizenship as long as your other passport has the correct permission that allow you to enter UK!!!!

justice_will_reign
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Post by justice_will_reign » Fri Jul 03, 2009 10:49 am

lboro wrote:Is it really a requirement to enter UK with your UK passport if you have dual citizenship? Correct me if I am wrong but as far as I know you can enter UK with your other passpoprt even if you have UK citizenship as long as your other passport has the correct permission that allow you to enter UK!!!!
If you will be doing that, each time your passport is swiped by the immigration officer, you will be asked series of questions because it will alo show that you have British passport. Failure to produce or inability to explain why you didn't use it might always cause you some delay if not embarrassment at the airport. If you know this will be an issue, people can decide to stay on indefinite leave to remain without applying for British citizenship (passpoert), then you will be free to use your single passport anytime (in & out) without question and without any immigration control either.

Marco 72
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Post by Marco 72 » Fri Jul 03, 2009 12:39 pm

I don't think it would be a problem to enter the UK on your Indian passport & naturalisation certificate. They can't refuse entry to a British citizen. Someone else on this board (Dawie) did it 1-2 years ago. There may be complications in your case due to the fact that your Indian passport is not a valid travel document, though.

j9225
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Post by j9225 » Fri Jul 03, 2009 1:58 pm

Why don't you apply for a British passport at the British embassy in India -are the turnaround times quicker there? I have friends in the same situation who have their citizenship but are applying in Singapore for the passports they do the interview there too for first time passports.

anjali_devi
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Post by anjali_devi » Fri Jul 03, 2009 4:11 pm

if you knew you were travelling, you should have scheduled your ceremony after your return from india.

Now check whether you can get the right of abode stamped onto your indian passport in time before ur travel.

Christophe
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Post by Christophe » Fri Jul 03, 2009 6:00 pm

lboro wrote:Is it really a requirement to enter UK with your UK passport if you have dual citizenship? Correct me if I am wrong but as far as I know you can enter UK with your other passpoprt even if you have UK citizenship as long as your other passport has the correct permission that allow you to enter UK!!!!
That is correct. The UK requires only that the papers you present should be adequate for the purpose of the trip.

However, there are two problems for the OP. One is that now he is a British citizen he has lost his Indian citizenship by operation of Indian law, and hence he is no longer entitled to use an Indian passport, which has become invalid.

The other problem is that a British citizen cannot, technically, have "indefinite leave to remain", since British citizens don't require leave to enter or stay in Britain.

As to the first problem, I don't imagine that the Indian authorities would know about the OP's recent naturalisation, since the British authorities no longer share that information with other countries (and haven't done so for many years). It would be a risk to travel, but it probably wouldn't cause undue problems on that account.

As to the second problem, newly naturalised British citizens are not high on the list of immigration threats. A number of people on the boards here have travelled in the circumstances described and simply presented themselves at the UK port of entry as a person with indefinite leave to remain, without problems. (In at least some of those cases though the person had not lost his or her original citizenship.) In theory the British systems are getting more integrated; in practice, I'm not so sure.

I suppose in the end it depends how important the trip is. If it's a holiday, or even a work trip, I wouldn't do it. If on the other hand it's because someone is sick or something like that, the OP might judge it to be worthwile.

1963British
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Post by 1963British » Fri Jul 03, 2009 8:00 pm

As someone else said, you should have held off on your citizenship ceramony until you could have returned. You are given two to three months to be sworn in.

Your question is no longer appropriate for a British immigration blog. You are a full fledged British Citizen. You can not be refused entry to the UK.

Here is the bottom line. You are not a Indian Citizen by the laws of India. Crossing borders with that passport will be a violation of a whole host of laws in assorted countries whose borders you cross.

Because you were sworn in, it is also impossible for you to claim ignorance that you did not know your certificate was in the mail, since it was not mailed. You took a citizenship oath.

When you enter India, I assume they ask you a few questions when you enter. Do you want to risk getting caught up in a lie?

Is it not possible that you could get caught at the India Border, have your passport confiscated and then be deported back to the UK as an illegal migrant with a permanent notation made in India that you tried to enter illegally.

I am assuming that you will want to apply for Overseas Indian Citizenship in due course. Do you want to risk a possible data search showing that you entered India as an Indian after you gave up that citizenship?

How "important" is this trip? Does it outweigh the numerous ramifications in India and the UK if you are caught?

You need to contact the UK Passport Office along with rescheduling your trip and work on getting a passport as quickly as possible. That is the real solution.

minny
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Post by minny » Tue Jul 07, 2009 8:14 pm

You should get right of abode stamped in your indian passport as your ILR is no longer valid ie automatically cancelled.

Technically your indian passport is not cancelled till you get your british passport but I suspect it could be tricky at the indian border

lboro
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Post by lboro » Tue Jul 07, 2009 9:58 pm

minny wrote:You should get right of abode stamped in your indian passport as your ILR is no longer valid ie automatically cancelled.
If he gets right of abode stamped in his Indian passport then Indian authorities will know that he is a citizen of UK and that will put him in even a more trouble and worse situation
minny wrote: Technically your indian passport is not cancelled till you get your british passport but I suspect it could be tricky at the indian border
Indian passport is cancelled as soon as you are a citizen of another country. You can be a citizen of another country and never apply for a passport

minny
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Post by minny » Wed Jul 08, 2009 3:17 pm

lboro wrote:
minny wrote:You should get right of abode stamped in your indian passport as your ILR is no longer valid ie automatically cancelled.
If he gets right of abode stamped in his Indian passport then Indian authorities will know that he is a citizen of UK and that will put him in even a more trouble and worse situation
minny wrote: Technically your indian passport is not cancelled till you get your british passport but I suspect it could be tricky at the indian border
Indian passport is cancelled as soon as you are a citizen of another country. You can be a citizen of another country and never apply for a passport

The first one is a good point.

I am not so sure about the second one.

Let s see if anyone has more thoughts on this confusing issue

hert
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Post by hert » Thu Jul 16, 2009 12:39 pm

Technically, it seems that it would be a violation of indian passport act.
I read somewhere that "it is illegal for a person to possess an Indian passport once he/she has acquired the citizenship of another country. The
holder of an Indian passport should, therefore, immediately submit his/her Indian passport to the nearest Indian Mission/Post for cancellation on acquiring citizenship of another country".

Per law, there's a risk if the above rule is not followed, though I'm not expert in this area.

Sky_High
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Post by Sky_High » Thu Jul 16, 2009 1:35 pm

Do you not think that its good idea to lobby and persue indian govt to allow dual citizenship?

anjali_devi
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Post by anjali_devi » Thu Jul 16, 2009 2:09 pm

just so Hanuman can travel?
:lol:

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