Question on surrender certificate

[in-london]

I hope someone here can help with my query:
I became a UK citizen in March 2010, and plan to apply for OCI.
However, I wonder if I may run into a problem when I request a surrender certificate.... I took up another citizenship in 2001, but never surrendered my Indian passport which expired in 2003. I noticed at the HCI site the following statement:
4. Retention of Indian Passport for more than 3 years after acquiring foreign citizenship - Rs. 10000

Will this apply to my case? I ask this because I have held on to my Indian passport (expired one, though) for more than 3 years after ceasing to be an Indian citizen.

[krazydude]

If paying a fine for not having surrendered your passport when you should have is considered a problem by you, then yes you will face a problem.

You did not cease to be an Indian citizen just because your passport reached its expiration date.

If you want to get OCI, you have to surrender your passport and you will get fined due to the rule mentioned in your post.

You might also get fined if you have traveled on your Indian Passport after you got naturalised.

[Seedy]

If paying a fine for not having surrendered your passport when you should have is considered a problem by you, then yes you will face a problem.

You did not cease to be an Indian citizen just because your passport reached its expiration date.

If you want to get OCI, you have to surrender your passport and you will get fined due to the rule mentioned in your post.

You might also get fined if you have traveled on your Indian Passport after you got naturalised.

This is incorrect, accordiing to the regulations if your passport had expired before 1.1.2005 no penalty is payable

Please see my post here

http://www.immigrationboards.com/viewtopic.php?t=70875

The only thing is you may have to fight it out with them as they are not aware of their own rules.

Will update when I get my answer

[in-london]

Seedy, thanks very much for your illuminating post. It's very useful indeed.

The CGI Birmingham site that you mentioned even states the following:
"6. Penalty for retention/renewal/travel on Indian Passports after acquisition of foreign nationality would be applicable only for applicants whose passports’ final validity expired on or after January 01, 2005."

It seems that it's fine even if you had travelled on an Indian passport after acquiring another citizenship, so long as your Indian passport expired before Jan 1, 2005!

Also, the letter from Dr. A. Didar Singh (included at the GOPIO site you provided) states:
"4. As regards the surrender of Indian passports last held by such PIOs, it has been clarified by MEA vide their circular letter dated 03.05.2010 [para 2(viii)] that there would be no need to surrender a passport which expired before 2005."

It's amazing just how much information is not shared with us!

Do let us know whether you were successful in convincing HCI London of your case. Did you provide them the supporting details you have referred to in your post?

[krazydude]

in-london and Seedy, let us all know how does it go with surrendering your passport and acquiring your OCI.

[in-london]

I will wait to hear from Seedy before starting on my application process...

[Seedy]

Good News

http://www.immigrationboards.com/viewto ... 633#459633

[in-london]

Great to hear the news. Assume you can now apply for OCI next?

I am planning to go to VFS personally and apply for surrender certificate.
I have printed out the pages from the sites you kindly provided, and plan to use them to support my argument that I don't need to pay any fine either.
But based on your posts I take it VFS don't raise this issue, but it's the HCI that do this?

Is there anything else I should take along to support my case?

Thanks a lot for your very helpful posts.

[Seedy]

Great to hear the news. Assume you can now apply for OCI next?

I am planning to go to VFS personally and apply for surrender certificate.
I have printed out the pages from the sites you kindly provided, and plan to use them to support my argument that I don't need to pay any fine either.
But based on your posts I take it VFS don't raise this issue, but it's the HCI that do this?

Is there anything else I should take along to support my case?

Thanks a lot for your very helpful posts.

Whether you go personally or by post it does not matter, they will not assess it there and then. Just make sure you put a polite letter explaining discussion above (I personally would not just print the above and take it as it would make them all defensive) with your application.

If VFS do call you later to say you have to pay a penalty ask them to refer the matter back to HCI London and ask them to read your letter and put it forward as an appeal.