UK Naturalisation with impounded passport

[pr81968196]

Hi,
I have ILR and close to apply Naturalisation. Recently I got my indian pport renewed from indian embassy, London. I have a Dowry (498a) FIR in india and due to my ex informed to indian embassy, they have impounded my new pport. I have neither been charged/indicted nor any judgement passed by court for me. Please can anyone tell me if impounded pport will affect my naturalisation app or not. Does UK homeoffice checks with applicants countries embassy about the applicant or its pport etc. I know HO checks HMRC, DVLA, Police, bankruptcy etc records related to good character requirement. Please an expert could respond on this as this is bit urgent.

regards
Prakash

[Jambo]

I don't believe the UK authorities check with other countries but how would you apply without a passport?

[pr81968196]

Hi Jambo,
Passport is with me only, but it has been impounded in their system and I got a letter. It means if I handover my pport to indian embassy they will not return me unless I get order from indian court asking them to rollback the impound orders. Additionally, if I travel to india using that passport, indian immigration will retain my pport at airport. I dont have plans to travel to india in near futureor handover my pport to indian embassy. I need to get my naturalisation done.

[Jambo]

So I don't see any issue here.

[pr81968196]

Thanks Jambo. Does indian embassy or anyother countries embassy inform UK HO that for xyz person the passport has been impounded and he or she shouldnt be allowed to get naturalised.

[Jambo]

Thanks Jambo. Does indian embassy or anyother countries embassy inform UK HO that for xyz person the passport has been impounded and he or she shouldnt be allowed to get naturalised.

No idea but I would not think so.

I don't think the Indian authorities can tell the UK if a person should be naturalised or not.

[aledeniz]

I have a Dowry (498a) FIR in india

Isn't 498a PC a criminal offence?

Isn't there any chance you may get to a compromise with your ex wife?

[pr81968196]

I have a Dowry (498a) FIR in india

Isn't 498a PC a criminal offence?

Isn't there any chance you may get to a compromise with your ex wife?

PM'd you. Compromise can be done but ex need to come down to a stage where they will be ready for compromise. But they cant extort 1000's of pound from me.

[trs2011]

Thanks Jambo. Does indian embassy or anyother countries embassy inform UK HO that for xyz person the passport has been impounded and he or she shouldnt be allowed to get naturalised.

I gree with Jambo , no other country can tell the UK who to naturalise and who not to , that is why the HO say its up to one whether his country of birth accepts dual citizenship or not . Its up to HO to give you citizenship or not , but they might check with interpol , not individual countries . So , don't worry much though there must be a serious reason why your country embassy impounded the passport .

[Gyfrinachgar]

there must be a serious reason why your country embassy impounded the passport

After I heard from a 498a case in the past, I started to read a bit up on it. It seems to be an easily used and abused law, originally intended to protect women from violent husbands. However, it appears to be questionable in some aspects. Most problematic is that in practice the burden of proof is turned: if accused of a 498a offence, one is presumed guilty until proven innocent. The offence is non-compoundable and non-bailable (the latter might be connected to the impounded passport). Although 90% of the cases are eventually quashed due to lack of evidence, this can take years and can be very traumatic - which makes it a handy tool for extortion and blackmail. There are a lot of stories out there of such misuse of this law.

[pr81968196]

For all your reference, as how this 498a and dowry laws (aka legal terrorism and money extortion tool) affect lifes of British indian or settled indian males (married to indian women) in UK, please check this article which was published few days back in UK and Indian media:
http://timesofindia.indiatimes.com/nri/ ... 812609.cms

http://www.asianimage.co.uk/news/997732 ... a/?ref=fap

Forget about police, indian embassies can impound passport merely by a complaint from wife who has filed 498a police complaint. I know officials in MEA india and indian embassies all over the world take bribes and do things under the table. Girls side easily bribe them and they can do anything (even which is not legal). Then start all the lengthy legal process, though things comes out in black and white in 99% cases but many life are wasted, families are broken in that process just for nothing. In short this law is not even helping women itself.

[pr81968196]

HI Gurus,
I know I cant travel to india when my passport is impounded (neither I am intend to). Would I be travel to Eu countries or any other country from UK? Does indian embassy share impound pport information with airports across world.

[FALT]

The abuse of this law has hampered the progress of hundreds of such men and their families whose intellectual abilities and professional skills are highly valued all across the globe.

Many such British Indians trapped in false cases have to travel to India, wasting their valuable time, efforts and money to fight these cases and even ending up losing Jobs and even Arrested under “Red Corner Notices” and even sometimes extradited as a Criminal. Due to the shoddy legal system in India, such cases drag for years on end.

Although the Supreme Court of India has labelled it as “legal terrorism” and has suggested altering the law, due to political pressures the law continues to remain as it is and continues to be abused.

Although, there is no foolproof method that one can take to protect oneself and his family members, few proper precautions can be taken.

If a British Indian does wish to get married to a woman from India, there are certain steps he can take as a precaution.

(a) Keep a record of all gifts taken and received during and after marriage (signed by both bride and groom). The list needs to be as per the Dowry Prohibition Act norms in India.

(b) If you are travelling to India, make copies of your passport, visa (if applicable) and all credit cards. Leave these copies with a trusted friend or relative in UK.

(c) Do not give anyone your tickets or passport in India.

(d) Register with the local Foreigners Registration Office upon arrival in India and let them know your expected date of departure.

(e) Inform the British Consulate and/or Embassy in India about your travel plans.

(f) If you suspect that you may be a victim of this abuse, inform the British Consulate and/or Embassy in India and finally (g) Although not legally valid in India; consider a prenuptial agreement.

A support group has been formed in the UK for those who have unfortunately been trapped and have been victims in past.

The support group meets often all across UK and provides legal and moral support to such people and their families.

The support group has started an e-petition to the UK government at: http://epetitions.direct.gov.uk/petitions/30913.

http://www.asianimage.co.uk/news/9977327.print/

MP demands law against dowries http://news.bbc.co.uk/2/hi/uk_news/8093948.stm

[FALT]

India court says women 'misusing' dowry law http://www.bbc.com/news/world-asia-india-28140205

http://fight-against-legal-terrorism.blogspot.in/

FIGHT AGAINST LEGAL TERRORISM IN INDIA SUPPORT US CAUSE http://fight-against-legal-terrorism.blogspot.in/

[akash08]

Hmm..so many abuse of law mentioned.

I would ask a simple question. Was dowry taken even if it is Rs. 1?

If yes, that itself is a crime but sadly this is such an widely accepted practice in India.

If one accepts dowry, it is only fitting that someone abuses the law later. Abuse is the reply of an abuse taken at the first place.

It is so sad to see we jump up to bash the abuse of law but not the dowry system itself.

Ps: this is not in context of the individual case reported here but in the context of general discussion of abusing the law as being discussed here.

[FALT]

hi akash

kindly type LEGAL TERRORISM in google and you will find lots of judgments of Supreme court of india and also High Courts.

SUPREME COURT OF INDIA clearly says that 498a is LEGAL TERRORISM and 98% of the cases filled are false .

and pls see the NCRB statistics of men's suicide rate is higher than women due to gender biased laws. please educate your self thoroughly on 498a misuse on google then kindly comment .

[akash08]

I search dowry death instead and i get every hour a woman dies in India due to demands placed on her family as a result of the dowry system.

My eyes become too moist to look at the screen any more and do another search.

Sorry mate..

[Human]

Hi Akash, please read up before making misleading statements. The country in question is one of the most corrupt in the world. Most statics there are made up.The said Countries supreme court itself has admitted misuse of rules , despite it is politically incorrect to say so. Please don't think you are holier than others. If you are form the same country and not affected by such laws , count yourself luck . God's sake , please don't judge others.

[Amber]

If you do not stick to immigration issues rather than bashing other countries you'll be banned, thread locked.

[tuki]

Hi

I understand this is quite an old topic but I am in a similar situation, so would really appreciate if either 'pr81968196' can advise how he proceeded in his case or if anyone else have any ideas.

I am preparing to apply for naturalisation in a couple of months time as I am on ILR and have been falsely accused under dowry and dv charges with cases still ongoing in courts in india. I have been advised by a few people that i should go ahead with my application as ukba wouldnt track back to all courts in india considering there are plenty.

Any guidance is greatly appreciated.

Thanks

[chaabhin123]

@tuki- Just wondering did you have any response to your query above as I am also going through same issue. Please let me know if you have any update. Thanks

[CR001]

@tuki- Just wondering did you have any response to your query above as I am also going through same issue. Please let me know if you have any update. Thanks

Kindly start your own topic with your questions and circumstances rather than tagging onto threads that are more than a year old.