INDIAN CITIZENSHIP LAW

[basis]

Lots of useful information in IND website -

Annex H - Indian Citizenship Law

[fakira]

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[PaperPusher]

This link should work now for Annex H - Indian Citizenship Law

Fakira, what do you mean by saying the webmaster has deceived you?

[fakira]

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[JAJ]

indiancitizenship law is clear,the moment i acquired a british overseas citizenship ,i lost my indian one automatically
so where do i stand?

Why don't you answer the specific questions asked of you (on exactly how and when you got BOC) in a previous thread if you want some meaningful advice?

[Christophe]

The effect of this is that a number of individuals that we believed to be dual British/Indian nationals are in fact solely British.

if this is not deception then what do you call it?

Well, I'd put this down to misunderstanding, a misinterpretation of the relevant laws, or just plain poor communication between the British and Indian authorities, rather than frank deception.

But that's not important to your getting a solution. I am puzzled, though, as to why you seem to be unwilling to answer the questions that have been posed to you (by JAJ himself, I seem to remember) on another thread. If you answer those questions, he (or someone else here) is quite likely to be able to help you with your own particular situation...

[fakira]

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[Dawie]

Well, I'd put this down to misunderstanding, a misinterpretation of the relevant laws, or just plain poor communication between the British and Indian authorities, rather than frank deception.

thanks very much for your understanding.i agree and highly appreciate your comment.i have to admit a lot of mistrust and suspicion in me
anyway i kind of understand that perhaps that a lot needs to be done to pull down barriers .i do not know the british too well but many indians tend to be ultra nationalists,a view i disagree with.i feel that one must make the effort to communicate.this does not in any way depreciate ones own patriotism and sense of national pride
it is very sad for me that the president of india mrs pratibha patil referred to the indian mutiny of 1857 in her inaugral speech
i for one dont like to be a prisoner of the past

Have you thought about a career in politics? You have uncanny ability in avoidance and obfuscation.

[fakira]

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[avjones]

The way it seems to me is that by taking up BOC you therefore lost (or may have lost) your Indian citizenship, thereby voluntarily surrendering your nationality.

[fakira]

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[John]

2 other solicitors

Two other solicitors? I think that calling a barrister a solicitor is, well, not going to go down too well!

[fakira]

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[avjones]

amanda
in your experience have you come across a case where this law has led to successful full british citizenship
thanks for your viewpoint it has been corroborated by others
fakira

Yes, but it ALL depends on the circumstances, I can't give a general answer without knowing all the facts.

[avjones]

Two other solicitors? I think that calling a barrister a solicitor is, well, not going to go down too well!

Too right (-:

[JAJ]

i got british overseas citizenship thro an agent from the british embassy mumbai
i was born in kenya in what was british east africa
my parents were born in goa(portuguese india) prior to 19/12/1961
i got the boc in 2004
all potuguese citizens automatically became indian following the annexation of goa by india on 19/12/1961.
it was cancelled by the indian embassy at aldwych for reason "acquired british nationality" in august
i am in britain on a c-visit visa on my cancelled indian passport
finally what is the meaning of obsfucating?

So it seems the following is the case:

- You were British by birth in a colony before independence, and kept this nationality on independence
- You acquired a BOC passport in 2004
- When you acquired a BOC passport, you lost your Indian citizenship.

You are not eligible for British citizenship under section 4B of the British Nationality Act 1981 because you only lost your Indian citizenship in 2004, after the 4 July 2002. This is non-negotiable, sorry.

HOWEVER, now that you no longer have Indian citizenship you cannot be returned to India (or anywhere else). You should investigate an application for leave to remain outside the Immigration Rules.

If your solicitor hasn't dealt with cases like this before - find another one.

Any chance of getting a Portuguese passport?
http://www.geocities.com/PauloCD/PortNatLaw.htm

[fakira]

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[Christophe]

avjones

Solicitors and barristers also have the advantage of being trained lawyers, and having 5 or 6 years of academic and vocational training before they are qualified.

i am sorry, i did not know that before i am still confused what is the diffence between a solicitor and a barrister
fakira

Basically, a barrister acts to represent people in a higher court, whereas a solicitor does office-based law; if a person needs a barrister for a court appearance, the person's solicitor will usually be involved in briefing the barrister.

[avjones]

It's a complicated difference, but the main points, on the whole (there are exceptions!) are between what the roles are.

A solicitor is more likely to do lots of client work, and non-litigation work. For example, if you buy or sell a house, have contracts drafted etc, that will be a solicitor.

Barristers specialise in court work and legal advice. I spend about half my working time in court or preparing for court, and about half doing written advices on complicated situations, or drafting grounds of appeal etc.

Most solicitors do not have rights of audience - that is, the right to appear in the Crown Courts, High Court, COurt of Appeal, etc. Barristers have those rights as soon as they qualify.

I am, as a barrister, self-employed and in a Chambers. There are 10 other tenants in my Chambers, and we all pay a percentage of our income for office expenses, clerks, etc.

I can't act directly for clients, which is why no-one can think I'm touting for business on this board!

[fakira]

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[avjones]

A judicial review is a procedure that can be used to challenge a government or public decision only when no appeal is available.

You can't use JR to say the decision was wrong. There are 3 grounds for JR - (1) that the decision was ultra vires (the decision-maker didn't have the power to make the decision in the way he did) (2) that the decision was procedurally unfair (3) that no reasonable decision-maker, in possession of the facts, could have made the decision he did. Also known as irrational, perverse, or Wednesbury unreasonable decision-making.

[fakira]

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