to be or not to be.....

[tt]

Which leads to the interesting point that do all people who have been deemed to have lost citizenship (at least in countries such as Australia and the UK, and possibly India(?)) through earlier decision by the local immig authorities - have the chance to continue their citizenship without interruption if the decision is subsequently revoked?

In this case, was the original decision just plain wrong?, or was there a work-around here?

I guess it still doesn't get away from the point that the issuing of the Australian passport in 2000 wasn't because of the passport authorities intuitively knowing the 1996 decision was wrong, or "overturnable", but simply they did not know about it.

Imagine how it could be in India!

[Dawie]

I guess it still doesn't get away from the point that the issuing of the Australian passport in 2000 wasn't because of the passport authorities intuitively knowing the 1996 decision was wrong, or "overturnable", but simply they did not know about it.

This is the point I am trying to make. Governments the world over make citizenship laws that they simply cannot enforce. The Indian government for example quite simply has no way of knowing when one its citizens takes up the citizenship of another country. It relies entirely on the honesty of its (ex-) citizens to tell them when they have done so.

If you think that the Indian government can somehow magically access the citizens register of the UK and somehow cross-reference names therein with the names of their own citizens to see who has become a UK citizen then you are living in a dream-world.

[basis]

Which brings us back to the original point - e.g. if one travels back to India on Indian passport and applies for UK passport from within India. Then when applying for PIO card he would have to say that the UK passport was issued in India and that itself can possibly trigger the enquiries as to how did one got to India in first place. In the case specified by tt above the person was not travelling to Aus on non-Aus passport neither the person apply for Austrian passport while in Australia.

Here there is one immediate immigration related step that the person needs to take in terms of applying PIO / OCI.

And the moot point is not whether it is possible or not. But is it worth taking the risk or not. And people need to make a judged call based on available info and views and personal circumstances.

e.g. therotically there is a risk that the person could loose the BC by violating the requirement making UK the principle home if naturalised. But we know the risk is theoritical and any practical impact of that is unlikely - then one can take that type of risk.

But using Indian passport after being naturalised elsewhere is a great risk and does confer any substantial benefits. Then why do that ?

[Dawie]

Which brings us back to the original point - e.g. if one travels back to India on Indian passport and applies for UK passport from within India.

If I was in this situation I would do the following:

1) Get my naturalisation certificate
2) Apply for British passport
3) Before going to India, store British passport and certificate with a trusted friend, but DO NOT take them with me when travelling to India.
4) Carry on using Indian passport for travel between India and the UK only but never travel to India while having the British passport on my person.

therotically there is a risk that the person could loose the BC by violating the requirement making UK the principle home if naturalised.

There is no such risk, either in theory or in practise. You are perfectly within your rights to move out of the UK once you are naturalised.

But using Indian passport after being naturalised elsewhere is a great risk and does confer any substantial benefits. Then why do that ?

Because as an Indian you should be proud of your heritage and should defy the Indian government's attempts to tell you what you can and can't do in terms of citizenship. If you are a born Indian NOBODY, not even the Indian government, should be able to take your Indian citizenship away regardless of how many other citizenships you hold. It's simply none of their business as far as I'm concerned.

[mhunjn]

There is a lot of difference between 'should' and 'will'... They cannot deny a person being an Indian... but they can certainly take away your citizenship... and prisons in India are not that nice as over here...

Here we seem to be struggling to find a difference between theory and practical reality...

Because as an Indian you should be proud of your heritage and should defy the Indian government's attempts to tell you what you can and can't do in terms of citizenship. If you are a born Indian NOBODY, not even the Indian government, should be able to take your Indian citizenship away regardless of how many other citizenships you hold. It's simply none of their business as far as I'm concerned.

[basis]

... and prisons in India are not that nice as over here...

cant comment...no experience nor any substantive info...just kidding...

Here we seem to be struggling to find a difference between theory and practical reality...

what does this mean exactly ???

Anyways what dawie is suggesting take the laws in our hands. I think proud Indian Origins, who value democratic values the most, should not try to violate rules set by democratically elected govt and the constitution of India. And as I said whether to take up those risks is upto one person.

Having said that there are many people who simply do exactly as said by dawie. And as one consulate officer told me once - with PIO / OCI schemes they have found that over 80% of the Indians taking up another citizenship never bother getting their passport cancelled immiediately (they may not actually use it to travel etc). The reason they could find that with PIO scheme is that the application needs one's Indian passport to be submitted at the time of application. Consulates worldwide cancel the Indian passport at that time before accepting PIO applications. Now not cancelling Indian passport immediately can be very well acceptable (and I dont think anyone at all bothers to pursue those cases) but using the Indian passport (which is by law invalid) is certainly serious offence.

There is one perfectly legitimte way to keep lobbying and pressurising the democratic elected govt and parliament of India to grant true dual citizenship.

[lemess]

Because as an Indian you should be proud of your heritage and should defy the Indian government's attempts to tell you what you can and can't do in terms of citizenship. If you are a born Indian NOBODY, not even the Indian government, should be able to take your Indian citizenship away regardless of how many other citizenships you hold. It's simply none of their business as far as I'm concerned.

Part of being proud of the heritage is obeying the law even if you don't agree with it and using democratic means of changing it.
With respect, your suggestions are naive and simply not worth risking for most people. Not allowing dual nationality is the law in India. Anyone who acquires another citizenship does so under this full knowledge - indeed it is stamped in bold letters on an Indian passport ! You can't feign outrage that your Indian citizenship is suddenly taken away from you as you know that it will be and have to take that into consideration when you make a decision to acquire another.
There are any number of circumstances that can easily lead to someone being 'outed' as British citizen ( and therefore a non-Indian citizen ). For example, a long period of residence in the UK might mean that an inquisitive immigrtaion officer in India may just inquire about your immigration status in the Uk and check it out. Also, remember that as soon as you naturalise your ILR in your Indian passport is no longer valid either and that may hold you up when you try to enter the UK after having naturalised.

The basic rule of thumb for peace of mind is that is one doesn't mess with immigration laws of countries whatever the circumstances - they have a nasty habit of coming to bite you in the proverbials when you least expect it. In immigration, above all else, it is extremely sensible to do things by the book.