• Surrender of Indian Passport after acquiring British Citizenship

Hi,
I am going to get my British citizenship in Sep but I need to travel immediately after that. Can I use my Indian passport to travel? And if I do, will it cause me any issues later when giving up my citizenship or availaing other services.

I am ok tompay any monetary penalties but want to understand if I am doing anything illegal
Asked 5 months ago in Civil Law

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10 Answers

Once you become a national of another country , the citizenship to India comes to an end.

So traveling on the basis of Indian passport would be an illegal thing after you loose this nationality and this may be of great consequences if later you apply for OCI or PIO Card. 

Devajyoti Barman
Advocate, Kolkata
23292 Answers
519 Consultations

People of Indian origin who have obtained UK citizenship has a 90-day grace period to travel with an Indian passport. Within this time frame, the person should renunciate his or her Indian citizenship and should surrender the Indian passport.

Ajay Sethi
Advocate, Mumbai
97296 Answers
7859 Consultations

By using Indian passport being citizen of another country you will committing offence under Section 12 (1) (1A) (b) for which  punishment  is imprisonment  for not less than one year which  may extend to five years and with fine not less than ten thousand rupees which  may extend to fifty thousand rupees. Offence is compulsorily punishable with imprisonment. You are advised not to take any risk. It can be established by documentary proof.

Ravi Shinde
Advocate, Hyderabad
4301 Answers
42 Consultations

Dear Client,

Using your Indian passport after acquiring British citizenship can lead to legal complications as per Indian law. According to Section 9 of the Indian Citizenship Act, 1955, if you voluntarily acquire the citizenship of another country, you automatically lose your Indian citizenship. This means that once you acquire British citizenship, your Indian citizenship is terminated. If you use your Indian passport after acquiring British citizenship, you are effectively using a passport that you are no longer legally entitled to hold. This is illegal and can lead to penalties, including fines and imprisonment. Hence, it is advisable to not use your Indian passport for travel after acquiring British citizenship. Instead, use your British passport or apply for a British emergency travel document if you need to travel urgently. As soon as possible after acquiring British citizenship, surrender your Indian passport to the nearest Indian consulate or embassy and obtain a surrender certificate. Once you have surrendered your Indian passport, consider applying for OCI status, which allows you visa-free travel to India and some other privileges. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

you get 3 months time to travel on Indian passport 

 

after your passport is not valid your visa would also not be valid as it is issued against passport 

Ajay Sethi
Advocate, Mumbai
97296 Answers
7859 Consultations

Dear Client,

Using your Indian passport after acquiring British citizenship can lead to legal consequences, such as fines and imprisonment. Your L1A visa is linked to your Indian passport. Once your Indian passport is invalid, the visa on it also becomes invalid for practical purposes. Even though the visa itself is not cancelled, it cannot be used on an invalid passport. You will need to transfer your L1A visa to your new British passport. Contact the U.S. consulate or embassy for the procedure to transfer your visa to the new passport. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
10308 Answers
121 Consultations

As per the Passports Act 1967, it is mandatory for all Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality.

Misuse of Indian passports constitutes an offence under Section 12(1A) of the Passports Act 1967.

Please be informed that a penalty as per details given below would be imposed for non-surrender of Indian passport after acquiring a foreign passport and travel on the Indian passport thereafter.

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(section 12(1)a)

 

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/-)  (Section 12(1)A)

 

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/-).  

(Section 12(1)A)

 

  

T Kalaiselvan
Advocate, Vellore
87497 Answers
2348 Consultations

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.

Therefore, no penalty will be levied for travel on an Indian passport within three months of acquisition of a foreign passport.

T Kalaiselvan
Advocate, Vellore
87497 Answers
2348 Consultations

- As per the Passports Act 1967, it is mandatory for all Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality, and further misuse of Indian passports constitutes an offence under Section 12(1A) of the Passports Act 1967.

- However,. 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. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.

- Hence, your visa is valid for travel on Indian Passport , if 3 months period has not been passed. 

Mohammed Shahzad
Advocate, Delhi
14676 Answers
224 Consultations

No once you get British Citizenship you have to renounce Indian citizenship 

Prashant Nayak
Advocate, Mumbai
32714 Answers
208 Consultations

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