Texy Posted May 17, 2010 Posted May 17, 2010 In spite of strong objections from the Indian-American community, the government of India has abruptly introduced another set of rules for those who have taken up United States' citizenship. The websites of the consulates have been publishing new rules and penalties almost every day without any advance notice. It began with the rule that those applying for the Overseas Citizenship of India Card should renounce their Indian citizenship by paying $175 and obtaining a Surrender Certificate. They should produce their old passports (valid/expired) while doing so. That is in addition to the $275 for the OCI card. Most Indian Americans branded it as a ploy to make an extra $175. More than the money, what irked most was the rule to obtain a surrender certificate in advance, which might take at least two weeks. Renouncing the old passport could be done at the time of applying for the OCI card. The consulate could have asked for the old passports and issue a surrender certificate then. But as per the new rules, one has to renounce Indian citizenship within three months of taking up the citizenship of another country. Many thought they could circumvent this rule by applying for a tourist visa to visit India, instead of an OCI card. But new rules for tourist visas state 'Persons of Indian Origin, his/her spouse and dependent children will be granted only an entry visa and should not apply for a tourist visa.' To get an entry visa, one has to produce a surrender certificate by paying $175. For availing any consular service, the person of Indian origin needs the surrender certificate. The embassy has also laid out fees and heavy penalties that will be clamped if the PIO doesn't renounce Indian citizenship. The Indian Americans question the use of Section 8 of the Citizenship Act 1955 for the renunciation, as they point out that they are covered under Section 9. "The provisions for termination of citizenship are separate and distinct from the provisions for making a declaration of renunciation. While, renunciation of citizenship is covered in Section 8 of the Citizenship Act 1955 and has to be applied on a prescribed form, automatic termination of citizenship is covered under Section 9 and requires no formal application to the Indian government," noted Inder Singh, chairman of Global Organisation of People of Indian Origin. "Indians in the United States, who have acquired American citizenship, are covered under section 9 and not under Section 8," he said. Section 8 of the Citizenship Act says, "Any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India." However, as per Section 9 of the same Act, "Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India." There are thousands of people who have obtained US citizenship in the last sixty years. They have been traveling to India on an American passport and Indian visa granted by the same consulates whose websites have new rules which are applicable retroactively, Singh noted. "The requirement of surrendering their Indian passports after the lapse of many years of their naturalization would cause undue hardship and delay in getting consular services," he said. John Titus, president of the Federation of Malayalee Associations, said the rules will only alienate the community and used to harass the people. "The babus in the bureaucracy look at the NRI with contempt and the bill is another example of it. For 175 dollars, they are creating heartaches among the people," said Paul Karukappilli, president of the Federation of Kerala Associations in North America. I'm glad I already got my OCI for $275 + $25(mailing fees but it was never mailed and had to go pick it up in person and that fee was never returned and went into some babu's pocket) This is extortion and complete bs
Rajiv Posted May 17, 2010 Posted May 17, 2010 I am confused, I recently got OCI here in Canada and I paid around $275 also I had canceled my Indian Passport in 2005 when I got my Canadian Passport, so do I have to do anything special now?
Texy Posted May 17, 2010 Author Posted May 17, 2010 if you have already gotten your OCI...then you're good I think this is for new applicants.... all these extra fees will probably go into Rahul Gandhi's escort service donation fund
nballa Posted May 17, 2010 Posted May 17, 2010 why don't they just take their GC's and keep their indian passports? that will solve all their problems. why take the citizenship of USA when the GC just about provides the same benefits.
flamy Posted May 17, 2010 Posted May 17, 2010 not enough. make them pay for giving up on India. :hitler:
yoda Posted May 17, 2010 Posted May 17, 2010 why don't they just take their GC's and keep their indian passports? that will solve all their problems. why take the citizenship of USA when the GC just about provides the same benefits. can't vote want the same immigration status as your kids GC is permanent now, doesn't mean it can't be revoked in the future
Desi Cartman Posted May 18, 2010 Posted May 18, 2010 There is still a law and some sort of logic. My wife recently changed her surname and it took us 5 mins in Australia to get it done but for the change of name on Indian passport, there are so many documents which we need to produce , get some declarations done by justice of peace. We believed that this should be enough but then we got an email stating that we need to advertise the name change in Newspapers in india as well Australia and then wait for 30 days before applying. It gets more complicated as her folks have moved to another address so her address in passport also needs to be updated which has to be an Indian address and for that her parents need to provide more documents and statuary declarations. Why is it that these simple things take 30 mins in Australia and forever in India. Now we think we shouldnt have changed her name as its gonna take 1-2 months before we can even apply and then 8 weeks , so in all it might take more than 4 months to get a surname changed
Rajiv Posted May 18, 2010 Posted May 18, 2010 You can change a city's name faster than a persons name change
dial_100 Posted May 18, 2010 Posted May 18, 2010 Damn... thats ridiculous.... Plus extra time... I will need my Visa quickly.. so this thing is going to take awefully long
Roshanrocks Posted May 18, 2010 Posted May 18, 2010 There is still a law and some sort of logic. My wife recently changed her surname and it took us 5 mins in Australia to get it done but for the change of name on Indian passport, there are so many documents which we need to produce , get some declarations done by justice of peace. We believed that this should be enough but then we got an email stating that we need to advertise the name change in Newspapers in india as well Australia and then wait for 30 days before applying. It gets more complicated as her folks have moved to another address so her address in passport also needs to be updated which has to be an Indian address and for that her parents need to provide more documents and statuary declarations. Why is it that these simple things take 30 mins in Australia and forever in India. Now we think we shouldnt have changed her name as its gonna take 1-2 months before we can even apply and then 8 weeks , so in all it might take more than 4 months to get a surname changed i guess u didnt try giving some "under the table" dakshina.... :winky: i got my wife's name changed very quickly :regular_smile:
kabira Posted May 18, 2010 Posted May 18, 2010 There is still a law and some sort of logic. My wife recently changed her surname and it took us 5 mins in Australia to get it done but for the change of name on Indian passport, there are so many documents which we need to produce , get some declarations done by justice of peace. We believed that this should be enough but then we got an email stating that we need to advertise the name change in Newspapers in india as well Australia and then wait for 30 days before applying. It gets more complicated as her folks have moved to another address so her address in passport also needs to be updated which has to be an Indian address and for that her parents need to provide more documents and statuary declarations. Why is it that these simple things take 30 mins in Australia and forever in India. Now we think we shouldnt have changed her name as its gonna take 1-2 months before we can even apply and then 8 weeks , so in all it might take more than 4 months to get a surname changed Well rules are rules, Stop *****ing, I got the name change done in 2 weeks. No Agents, No Dakshina, The passport officer was very nice guy.
Desi Cartman Posted May 18, 2010 Posted May 18, 2010 Well rules are rules, Stop *****ing, I got the name change done in 2 weeks. No Agents, No Dakshina, The passport officer was very nice guy. And where did you get this name change done ? In the USA or in India ? If you dont believe me then you can check the rules here http://www.vfs-in-au.net/passport_marriage_online.html 8 weeks For fresh passport/change of detail in passport only if old passport was NOT issued in Australia or NOT issued at the same Consulate/High Commission where it is presently being lodged BTW did u know that they now charge 99cents a min to speak with someone in the consulate over the phone :((
Desi Cartman Posted May 18, 2010 Posted May 18, 2010 I did it in India. even if you did it in India, Im sure you did not follow the guidelines :giggle: you probably knew someone else you need to advertise it & then wait for 30 days Thank you for contacting India Passport and Visa Services Center, Passport Helpdesk. We wish to inform you that in order to have a new name in passport, you need to apply for the service ‘Change of Name’. In order to apply for this service, you need to advertise your new name in an Indian as well as Australian national news paper. After 30 days of putting the advertisement, you can apply for change of name in your passport by following below mentioned procedure:
nballa Posted May 18, 2010 Posted May 18, 2010 can't vote want the same immigration status as your kids GC is permanent now, doesn't mean it can't be revoked in the future when i get my GC in 2018 i will stop there and will not apply for citizenship.
Desi Cartman Posted May 19, 2010 Posted May 19, 2010 when i get my GC in 2018 i will stop there and will not apply for citizenship. if you live in phoran land long enough then its easier with the citizenship of the country you are living in, it makes it very easy to travel on Aus , US and Eng passports. Things get done quicker and you dont need to get your visa extended after every 5 years. I probably wouldnt have given up my Indian passport either but with OCI, its as good as being an Indian citizen and very easy to travel to India. Its a pysclogical thing and people get OTT emotional over travel documents when we all know that with OIC you can return to India anytime you want
Gunner_Mania Posted May 19, 2010 Posted May 19, 2010 ^ Agreed. If you have decided to make the phoran country you live in for long as your home, you might as well become a citizen.
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