Indian nationals who have acquired foreign nationality/passport are required to follow proper procedure of canceling indian passport. They must apply for renunciation Certificate within 3 years of acquisition of foreign citizenship. Similarly a grace period of 3 months given to travel on indian passport after becoming a foreign national.
Indian Citizenship Act does not provide for dual citizenship. As per the Passport Act, it is mandatory for all Indian passport holders to surrender their last Indian passport to the Consulate immediately after the acquisition of foreign nationality. It is an offense under the Citizenship Act and the Passports Act for foreign nationals to hold Indian passports. Once an Indian passport is surrendered, Consulate will cancel it and return it to the Passport holder along with the Renunciation/Surrender certificate. A person of Indian origin can obtain
Note: Consulates will not be in a position to render services like OCI, Visa, etc. until the Renunciation/Declaration Certificate acquired on the acquisition of foreign nationality is submitted.
Any Indian citizen can renounce his/her citizenship by making a declaration in the Form XXII specified in Rule 23 of The Citizenship Rules, 2009. The application Form has to be filled only on the online portal of MHA
https://www.indiancitizenshiponline.nic.in
You can also apply through VFS Global
https://services.vfsglobal.com/usa/en/ind/apply-for-renunciation
Additional information can be found in the Indian consulate website
https://www.cgisf.gov.in/page/FAQs-R/
The applicant can apply at Indian Mission/Post concerned OR DM/DC’s office (as the case may be) in India based on his present address. The renouncer would fill all his/her details and upload relevant documents in above mentioned website, take a print-out and visit the Indian Mission/Post concerned or the office of District Collector (DC)/ District Magistrate (DM) concerned for interview, signing the declaration before the concerned authority (i. e. Consular officer or the DM/DC concerned) and to submit the print-out of the application with supporting documents.
Points to Remember
- If a person has ever held an Indian passport and has obtained the passport of another country, they will be required to surrender their Indian passport immediately after gaining another country’s nationality.
- A stamp saying “cancelled due to acquiring foreign nationality” is required. It should be noted that Indian passports that carry only a “cancelled stamp” are not considered renounced of their Indian citizenship.
- It is not necessary for travellers to carry a Certificate of Renunciation of Indian Citizenship during their travel to India.
- It should be noted that it is illegal to continue to use an Indian passport after the renunciation of Indian citizenship and defaulters will be faced with penalties. Both the applications (Renunciation & OCI) cannot be accepted at the same time.
- While applying for consular services Visa or OCI, it is mandatory to provide proof of your cancelled Indian passport. If such evidence cannot be provided, applicants will be required to obtain a renunciation certificate.
Frequently Asked Questions(FAQ)
If I renounce my Indian citizenship what will happen to citizenship of my minor children who are Indians ?
Where a person ceases to be a citizen of India on renunciation of citizenship under section 8 (1), every minor child of that person shall thereupon ceases to be a citizen of India However, such child may, within one year after attaining full age, can make a
declaration in the prescribed form and manner that he wishes to resume Indian citizenship.
How much time the whole process takes from applying to final issue of Renunciation Certificate?
The process may take about 15-60 days from the date of uploading of signed hard copy of the declarant by the concerned Indian Mission/Post
I am Indian Citizen but I have not acquired/am not planning to acquire any foreign citizenship, can I renounce Indian Citizenship.?
Yes, but you will become stateless which is not desirable.
I have already acquired citizenship of a foreign country. Authorities in that country do not require Renunciation of Indian Citizenship. Do I will require to renounce Indian Citizenship?
Yes, Indian Constitution and Indian Laws do not allow dual citizenship.
What should I do with the documents which I held as an Indian citizen.?
A person who has ceased to be Indian citizen is required to surrender the documents which he had acquired on the basis of his Indian citizenship (e.g. Voter ID Card etc) to the authorities concerned.
What is the grace period available for obtaining renunciation certificate after acquiring foreign citizenship?
A person of Indian origin can obtain Renunciation Certificate within 3 years of acquisition of foreign citizenship. A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport.
Must i present foreign passport for renunciation?
Consulate cannot accept your renunciation application without a copy of US/foreign passport. Applicants can apply for renunciation as soon as they receive the US/foreign Passport.
How to apply for OCI services?
Applicants may complete the online application form on the Government of India OCI portal https://ociservices.gov.in/ and note down the USAN*** No. Once filled take a printout of the filled application. Thereafter, proceed to the VFS website https://services.vfsglobal.com/usa/en/ind for completing the application process for submission through VFS. Please send the completed application along with supporting documents to VFS.
While applying for an OCI, it is mandatory to provide proof of your Cancelled Indian passport. If you cannot provide any evidence, then you are required to obtain a Renunciation Certificate which has fees and penalties based on categories selected.
My passport been expired; can I get Renunciation/Surrender Certificate for the same?
Yes, expired passports too can be presented for surrendering. Renunciation/Surrender Certificate will not be issued, for Impounded, Revoked, Suspended, and Cancelled (against Re-issue) passports.
Can I apply for Renunciation and Indian visa together?
Yes
What is the penalty for non surrender of Indian passport?
For non-surrender of Indian passport after acquiring a foreign passport and travel on the Indian passport thereafter.
Total Penalty depends on following factors-:
-
- Numbers of years you have retained Indian passport after obtaining foreign passport.
- Numbers of times Indian Passport has been used for travel to India after obtaining foreign passport.
- Numbers of times you have renewed/re-issued Indian passport after obtaining foreign passport.
| 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 travelled once after obtaining foreign passport. | No penalty for retention of passport but penalty of Rs. 10,000/- for travel on Indian passport | 12(1A) |
| 3. | Passport not surrendered up to three years and travelled more than once after obtaining foreign passport. | No penalty for retention of passport but penalty of Rs. 10,000/- for each travel on Indian passport (aggregate penalty on travel not to exceed Rs. 50,000/-) | 12(1A) |
| 4. | Passport not surrendered for over three years and used for travel after obtaining foreign passport | Penalty of Rs. 10,000/- for retention of passport and penalty of Rs. 10,000/- for each travel on Indian passport (aggregate penalty on travel not to exceed Rs. 50,000/-). | 12(1A) |
| 5. | Renewal/re-issue of Indian passport and travelling on it after acquiring foreign nationality | (i) Rs. 25,000/- for each renewal/re-issue and, (ii) Rs. 10,000/- for each travel on Indian passport (aggregate penalty on travel not to exceed Rs. 50,000/-) |
