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British Nationality with Indian Passport

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whiskywhisky
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British Nationality with Indian Passport

Post by whiskywhisky » Fri Nov 27, 2009 3:14 pm

Hi All

I have just read some of the threads on the site and must say my weekend has been ruined.

I emigrated from India several years ago and became a British national only a couple of months back. My husband is British and I have gone through British naturalisation.

I still have my valid Indian passport, I did not apply for the British passport as I am planning on going to India in a couple of weeks (booked + paid) for a wedding. I thought to wait until I come back to apply for the British Passport as this will save me the visa fee.

From reading this site I understand I should have surrendred my Indian passport.

This is a total nightmare - there is no way I can surrender and apply for a new British Passport in time. What should I do - still travel and hope for the best??

Please help

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Casa
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Post by Casa » Fri Nov 27, 2009 4:24 pm

You may be OK as the UK allow dual nationality...it's India that doesn't.
However, wait for confirmation about re-entering the UK on your Indian passport which will have the ILR visa...which is technically invalid now.
If you had no British Passport and were using your previous passport for travel, you would carry your British Citzenship certificate with you to show on re-entry as a precaution if queried by British immigration. However, if the Indian authorities find this certificate, they would confiscate your Indian passport.
I'm being cautious.

whiskywhisky
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Post by whiskywhisky » Sat Nov 28, 2009 10:08 pm

So going by the last reply I will be ok to travel, providing the Indian authorities do not find out my nationality?

BLK235
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Post by BLK235 » Sun Nov 29, 2009 12:51 am

You want to check with indian law on citizenship to see whether you already lost it. Normally when a country does not allow dual citizenship one would lose their citizenship the moment another one acquired.

If that's the case then technically you will be travelling on invalid passport because nationality on it is no longer correct and consequently deceiving immigration officers by claiming to be a national of a country you are no longer citizen of.

djb123
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Post by djb123 » Sun Nov 29, 2009 6:31 am

BLK235 wrote:You want to check with indian law on citizenship to see whether you already lost it. Normally when a country does not allow dual citizenship one would lose their citizenship the moment another one acquired.

If that's the case then technically you will be travelling on invalid passport because nationality on it is no longer correct and consequently deceiving immigration officers by claiming to be a national of a country you are no longer citizen of.
Discussed on here many times, India does not allow dual nationality.

You are likely to get away with it (my wife did), but if you apply for OCI I think they will fine you for using using Indian passport when it was no longer valid.

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Post by Ben » Sun Nov 29, 2009 12:37 pm

Consider applying for a Right of Abode endorsement in your Indian passport. Not sure you qualify, but it might be worth looking in to.
I am no longer posting publicly on this website - PM me if needed.

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Post by Directive/2004/38/EC » Mon Nov 30, 2009 2:53 am

The problem is less with getting back into the UK. He is a British citizen and so can not realistically be turned away (though long wait at the border can be expected). The problem is if India eventually discovers he has both.

whiskywhisky
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Post by whiskywhisky » Mon Nov 30, 2009 10:32 am

Thanks for the replies.

As mentioned in the first post, although I would love to get the British Passport that I am entitled and get then the Indian Visa - unfortunately I do not have the time. It is nothing to do with cost, plus I have made arrangements to travel.

Therefore looking at the replies and reading briefly what small info there is, I will just have to make the travel and keep my fingers crossed. In all honesty I just want the travel to occur without any issues, me to get back on the correct flight for work purposes. And then when I return I pay the relevant fine and get the correct passport/visa.

vinay shanthi
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Post by vinay shanthi » Wed Dec 02, 2009 7:52 pm

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 ranging from a minimum of Rs. 10,000/- (£125 at the current Official Rate of Exchange) to a maximum of Rs. 50,000/- (£625 at the current Official Rate of Exchange). http://hcilondon.in/renunciation.php
it has been decided by the Government of India to impose penalty on a graded scale for such violations as per details given below:



Sl. No.
Scenario
Penalty
Section

1.
Passport not surrendered up to three years and not used for travel after obtaining foreign passport
No penalty
--

2.
Passport not surrendered up to three years and traveled once after obtaining foreign passport
No penalty for retention of passport, but penalty of HK$ 1550.00 for travel on Indian passport
12 (1A)

3.
Passport not surrendered up to three years and traveled more than once after obtaining foreign passport
No penalty for retention of passport, but penalty of HK$ 1550.00) for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7750.00)
12(1A)


4.
Passport not surrendered for over three years and used for travel after obtaining foreign passport
Penalty of HK$ 1550.00 for retention of passport and penalty of HK$ 1550.00 for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7750.00)
12(1A)

5.
Renewal/re-issue of Indian passport and traveling on it after acquiring foreign nationality
(i) HK$ 3860.00 for each renewal/re-issue and

(ii) HK$ 1550.00 for each travel on Indian passport (aggregate penalty on travel not to exceed HK $ 7750.00)
12(1A)





3. A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on Indian passport. Therefore, no penalty will be leviable for travel on Indian passport within three months of acquisition of foreign passport.
http://www.indianconsulate.org.hk/main. ... ge&XID=159

faisalshb
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Post by faisalshb » Tue May 18, 2010 1:45 pm

Hi,

So, what happened here? The "grace period" mentioned in the last post should have applied & you won't need to pay a fine I think. Do post a reply as to what experience you had.

whiskywhisky
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Post by whiskywhisky » Tue May 18, 2010 2:38 pm

faisalshb wrote:Hi,

So, what happened here? The "grace period" mentioned in the last post should have applied & you won't need to pay a fine I think. Do post a reply as to what experience you had.
Hi

I visited India and returned succesfully in January, I have since applied and got my British Passport and this is the stage I am at currently at.

Therefore sorry cannot answer the real question, as the next stage to obvously to surrender my indian passport. I will report back soon once this is done (totally forgot to do it).

whiskywhisky
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Post by whiskywhisky » Wed Nov 24, 2010 12:43 pm

Hi

I applied for the Surrender Certificate a couple of weeks back and whilst tracking online, under the status it states I am due a fine around £145.

Is this correct? is there anything I can do or do I have to pay this if I want the certificate?


Thanks

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Post by geriatrix » Wed Nov 24, 2010 3:25 pm

whiskywhisky wrote:Hi

I applied for the Surrender Certificate a couple of weeks back and whilst tracking online, under the status it states I am due a fine around £145.

Is this correct? is there anything I can do or do I have to pay this if I want the certificate?


Thanks
Renunciation wrote:Travel each time on Indian Passport after acquiring foreign citizenship INR 10,000/- (subject to maximum of Rs.50,000/-)
approx. 145 quids for each trip.

regards

rajibbasu
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Post by rajibbasu » Sun Jan 30, 2011 11:35 pm

I am in the same situation. Had three days before travel to apply for british passport, apply for Visa etc. couldn't do. now looking to serrender indian passport. need to know if I got to pay the £145 penalty.

What was your experience "whiskywhisky"

whiskywhisky
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Post by whiskywhisky » Mon Jan 31, 2011 9:37 am

rajibbasu wrote:I am in the same situation. Had three days before travel to apply for british passport, apply for Visa etc. couldn't do. now looking to serrender indian passport. need to know if I got to pay the £145 penalty.

What was your experience "whiskywhisky"
Yep I paid the £145 fee. The experience was that I posted all the relevant paper work and tracked online, after about 2 weeks the online message stated that a penalty fee was due. I waited another couple of weeks without a reply and then rang them, I was told that I owe the fee and the paid it via credit card and got the SC after a couple of days.

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Post by ajaysimha » Fri Feb 10, 2012 5:20 pm

Hi,

When you entered the UK back on your Indian passport, were there any questions at Immigration. How did you fill your landing card. Did you mention that your Nationality is British in the Landing card. Appreciate if you can help me with this info as I am in a similar situation.

Thank you

whiskywhisky
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Post by whiskywhisky » Fri Feb 10, 2012 8:14 pm

ajaysimha wrote:Hi,

When you entered the UK back on your Indian passport, were there any questions at Immigration. How did you fill your landing card. Did you mention that your Nationality is British in the Landing card. Appreciate if you can help me with this info as I am in a similar situation.

Thank you
No I just used Indian which worked fine. I did not have the British passport at the time.

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Post by rmega » Thu Dec 20, 2012 1:30 pm

whiskywhisky wrote:
ajaysimha wrote:Hi,

When you entered the UK back on your Indian passport, were there any questions at Immigration. How did you fill your landing card. Did you mention that your Nationality is British in the Landing card. Appreciate if you can help me with this info as I am in a similar situation.

Thank you
No I just used Indian which worked fine. I did not have the British passport at the time.
You didn't answer the question about what did you fill in as your Nationality. If it was British, was there a question raised why you didn't have your British passport, if you filled as Indian, did they not ask the question, why it is written as Indian instead of British, as someone in some other forum was asked this question?

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