(A) Renunciation of Indian Citizenship:
Persons of Indian origin who have already acquired foreign citizenship until 31 May 2010 will not be required to pay renunciation fees of Php.7550.00; he/she will be required to pay Miscellaneous fees of Php.1050.00 when getting the old Indian passport cancelled/surrendered.
In future those Indian citizens who acquire foreign citizenship on or after June 1 2010 will have to submit declaration of renunciation of their Indian citizenship and fees of Php.7550.00.
If the applicant has already renounced Indian citizenship, he/she should have one of the following as proof:
-
A Certificate of Renunciation issued by a Embassy of India or,
-
An Indian Passport that contains a stamp that specifically renounces the citizenship.
If the applicant has NOT renounced his/her Indian citizenship, or does not have proof, the following must be provided:
- Two (2) copies of the completed renunciation form. The application for renunciation may be made on the Form-17in the Embassy.
-
Renunciation fee of Php.7550 (for those who acquired foreign citizenship on or after June 1 2010) or Php.1050 (for those who acquired foreign citizenship until 31 May 2010).
-
To be provided only in cases where Foreign passport is issued on or after June 1 2010 while naturalization took place on or before May 31 2010: Copy of the Naturalization Certificate. For minors who were not issued naturalization certificates, the parents must write a statement that the minors citizenship was obtained through the parents, and provide a copy of the parents naturalization certificate.
- Most recent Indian passport that was issued in India/abroad. Applicant must provide photocopies of the first three pages of the passport and the last two pages of the passport. In case passport has been lost, a police report must be filed which specifically mentions loss of passport and submit the same. Passport particulars will be verified from Passport Issuing Authority (PIA) before OCI/PIO Card application is processed.
(B) Surrender of Indian Passport:
Surrender of Indian Passport after acquisition of foreign passport
Indian passport holders are required to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Indian Citizenship Act does not allow dual citizenship (there is sometimes misconception that OCI card is dual citizenship). However, it has been observed that many individuals continue to retain their Indian passport and some travel on them; there are yet others who get fresh passports issued by suppression of information even several years after they acquired foreign citizenship. Such persons surrender their passports only when they need to take OCI cards, etc.
2. Since the misuse of Indian passports as described above constitutes offences under Section 12(1A) of the Passports Act 1967, which states:
“whoever, not being a citizen of India-
(a) makes an application for a passport or obtains a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document,
shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees”,
it has been decided by the Government of India to impose penalty on a graded scale for such violations as per details given below:
Sl. No. |
Scenario |
Penalty |
Section |
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 traveled once after obtaining foreign passport |
No penalty for retention of passport, but penalty of Php. 10770/- for travel on Indian passport |
12 (1A) |
3. |
Passport not surrendered up to three years and traveled more than once after obtaining foreign passport |
No penalty for retention of passport, but penalty ofPhp. 10770/- for each travel on Indian passport (aggregate penalty on travel not to exceed Php. 53845/- |
12(1A) |
4. |
Passport not surrendered for over three years and used for travel after obtaining foreign passport |
Penalty of Php. 10770/- for retention of passport and penalty of Php. 10770/- for each travel on Indian passport (aggregate penalty on travel not to exceedPhp. 53845/-) |
12(1A) |
5. |
Renewal/re-issue of Indian passport and traveling on it after acquiring foreign nationality |
(i) Php. 26925/- for each renewal/re-issue and
(ii) Php. 10770/- for each travel on Indian passport (aggregate penalty on travel not to exceed Php. 53845) |
12(1A) |
3. The question of levy of penalty for retention/travel on Indian passports after acquisition of foreign nationality arises only for passports whose final validity expired on or after 01 June, 2005
4. A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on Indian passport. Therefore, no penalty will be leviable for travel on Indian passport within three months of acquisition of foreign passport.
Requirements for surrender of Indian passport:
- Form 17 to be filled in duplicate accompanied by two passport size photographs and to be signed before the Consular Officer.
- Renunciation fee of Php.7550 (for those who acquired foreign citizenship on or after June 1 2010) or Php.1050 (for those who acquired foreign citizenship until 31 May 2010. Indian passport will be surrendered simultaneously. In addition, penalty will also be payable if the passport is not surrendered immediately on acquisition of a foreign passport as per details given above.
- Surrender certificate will be issued only when the passport is surrendered .If any passport holder claims that he/she has lost his/her passport or totally damaged his/her passport , obviously surrender certificate can not be issued .
- All surrendered Indian passports and booklets will be cancelled and returned to the passport holders.
- Duration for grant of service – 2 working days.
NOTE: Penalty will be determined if the passport is not surrendered immediately on acquisition of a foreign passport, and no request or appeal for exemption of this penalty shall be entertained.
Note: If miscellaneous servicers taken after acquisition of foreign nationality (after three months’ grace period) , a penalty of Php. 10770/- for each occasion ( whether one service or more ) will be imposed ). |
