The decision to surrender Indian passport in Canada is a significant one, often stemming from a change in nationality or compliance with legal requirements. Indian citizens residing in Canada may find themselves in situations where surrendering their Indian passport becomes necessary, particularly after acquiring Canadian citizenship.
The need to surrender Indian passport stems from the Indian Citizenship Act, 1955, which strictly prohibits dual citizenship. According to this Act, once Indian national acquires citizenship of another country, they must relinquish their Indian citizenship. In line with this, the Indian Passport Act, 1967, mandates that individuals who have acquired foreign citizenship must surrender their Indian passports. It’s a punishable offense to retain, apply for, or use Indian passport after acquiring foreign nationality. This legal framework underscores the importance of compliance to avoid any legal repercussions.
This guide is tailored for those individuals, providing essential information and a clear pathway to navigate the process of passport surrender. It is an indispensable resource for Indian nationals in Canada who are considering or are required to surrender their passports, ensuring they adhere to the legal norms and procedures.
Legal Background and Requirements
Understanding India’s Stance on Dual Citizenship
India’s position on dual citizenship is clear and unequivocal. As per the Indian Citizenship Act of 1955, the country does not recognize dual citizenship. This means that Indian citizens cannot hold citizenship of another country concurrently with their Indian citizenship. The moment Indian citizen acquires citizenship of another country, such as Canada, they automatically lose their Indian citizenship.
This policy reflects India’s commitment to ensuring that its citizens have a singular political and legal allegiance. The concept of dual citizenship often introduces complexities related to national security, voting rights, and civic responsibilities, which India chooses to avoid through its clear-cut stance.
Legal Obligations for Surrendering Indian Passports
The implications of this policy for Indian expatriates in Canada are significant. According to the Indian Passport Act, 1967, it’s a punishable offence for individuals to continue holding, renewing, or using Indian passport after acquiring foreign citizenship. This includes applying for Indian passport or traveling on one post acquiring foreign nationality. The rationale behind this legislation is to prevent the misuse of Indian passports and to uphold the integrity of the Indian citizenship.
For Indian expatriates in Canada, upon acquiring Canadian citizenship, it is mandatory to surrender their Indian passports to the nearest Indian consulate or embassy.
In summary, Indian expatriates in Canada must understand and respect India’s laws on citizenship and passports. Surrendering Indian passport upon acquiring Canadian citizenship is not only a legal necessity but also a crucial step in your transition to a new national identity. Compliance with these laws ensures a smooth and problem-free continuation of life in Canada and maintains good legal standing with both Indian and Canadian authorities.
Who needs to surrender Indian passport in Canada
Criteria for Individuals Required to Surrender
The requirement to surrender Indian passport applies to any individual who was once a citizen of India and has now acquired citizenship of another country. This encompasses a broad spectrum of individuals, from those who have recently become naturalized citizens of Canada to Persons of Indian Origin (PIOs) who may have lived outside of India for several generations but retained their Indian citizenship until recently.
Specifically, this mandate includes:
| Category | Description |
|---|---|
| Naturalized Citizens | Indian citizens who have voluntarily acquired citizenship of another country, such as Canada. |
| OCI/PIO Cardholders | Persons of Indian Origin (PIOs) who have naturalized as citizens of another country and hold OCI or PIO cards. |
| Children with Indian Parentage | Children born in Canada to Indian parents, who opt for Canadian citizenship. |
This table provides a concise overview of the different categories of individuals who are required to surrender their Indian passports upon acquiring foreign citizenship, particularly in the context of Indian expatriates in Canada.
Special Considerations for OCI and PIO Cardholders
For individuals who had previously obtained an Overseas Citizen of India (OCI) or PIO Card without surrendering their Indian passport, there are additional considerations. They are required to surrender their last held Indian passport and obtain surrender certificates. This is particularly crucial at the time of renewing their OCI/PIO Cards or when applying for a fresh visa. Holding onto Indian passport after acquiring foreign nationality can lead to complications and is considered offense under Indian law.
The surrender of the Indian passport is a critical step in aligning with legal obligations and ensuring smooth interactions with Indian consular services in the future. It is a definitive action that marks the transition from being Indian citizen to a foreign national.
Step by Step Process: How to surrender Indian passport?
Navigating the process of surrendering Indian passport in Canada can be streamlined by understanding and following the prescribed steps. This section provides a detailed guide to ensure that you meet all requirements efficiently.
Step 1: Gather Required Documents (Checklist)
For a smooth application process, you should have the following documents:
- Completed Checklist: A checklist to ensure all necessary documents are included.
- Surrender Certificate Application Form: Filled and signed.
- Indian Passport (Original and Copy): The last held Indian passport.
- Canadian/Foreign Citizenship Certificate (Copy): As proof of your current citizenship.
- Canadian/Foreign Passport (Copy): If applicable.
- Proof of Address: To confirm your residence in Canada.
- Photograph: A recent passport-size photo, to be pasted on the application form.
- Applicable Fees: As per the fee structure detailed earlier.
Additional Documentation for Foreign Passport Holders
If you hold a foreign passport, additional documentation may be required. Check the Information Booklet or contact the Indian consulate for specific details.
Step 2: Complete the Surrender Certificate Form
The next step involves filling out the Surrender Certificate application form. This form is available online at the official website of the Indian consulate or embassy in Canada. It’s crucial to complete this form accurately, providing all requested details.
Step 3: Submit the Application
Once the form is filled out and all documents are ready, submit your application to the nearest Indian Mission/Post. This can be done either in person or via postal mail. If choosing the postal route, ensure that all documents are securely packaged and that you include a self-addressed, prepaid return envelope.
Step 4: Pay the Applicable Fees
Payment of the surrender fee is a mandatory part of the process. The fee structure varies based on when you acquired foreign citizenship and must be paid either by debit card, cash, or demand draft/money order (for postal applications).
Step 5: Processing and Receipt of Surrender Certificate
After submission, your application will undergo processing, which may take several weeks. Upon successful processing, you will receive your Surrender Certificate. This document is vital as it is official proof of having relinquished your Indian citizenship and must be kept safely for future reference.
Fees and Penalties
Understanding the fee structure and potential penalties is a crucial part of the passport surrender process. This section provides a detailed overview of the costs involved and the circumstances under which penalties may be imposed.
Fee Structure
The fees for surrendering Indian passport in Canada are determined based on the date you acquired foreign citizenship:
| Circumstance | Surrender Fee (CAD$) | Consular Fee (CAD$) | BLS Service Fee (CAD$) | Total Fee (CAD$) |
|---|---|---|---|---|
| Acquired foreign citizenship before 31 May 2010 | 31 | 3 | 7.4 | 41.40 |
| Acquired foreign citizenship after 1 June 2010 | 119 | 3 | 7.4 | 129.40 |
Penalties:
Penalties are applied if the Indian passport is not surrendered within a stipulated time after acquiring foreign citizenship.
The penalty amount varies based on the duration of delay and the activities performed using the Indian passport after acquiring foreign citizenship.
No penalty for those who acquired foreign nationality before 1 January 2005, and if the last held Indian passport expired before that date.
Penalties cannot be waived or reduced except under specific conditions determined by the Indian consulate.
Note: This table provides an overview of the fees and penalties associated with the surrender of an Indian passport in Canada. All fees are subject to change, and it’s advisable to check with the nearest Indian consulate for the most current information.
Modes of Payment
When surrendering your Indian passport in Canada, it’s important to understand the available payment options. This section details the modes of payment for both in-person and postal applications, ensuring a hassle-free transaction.
In-Person Payment Options
If you choose to submit your application in person at Indian consulate or embassy, you have the following payment options:
Debit Card: A convenient and widely accepted mode of payment.
Cash: Ensure you carry the exact amount, as making change might not always be possible.
Postal Application Payments
For postal applications, the payment process is slightly different:
Demand Draft/Money Order: Payments should be made in favor of ‘BLS International Services Canada Inc.’ This includes the passport fee, consular fee, BLS service charges, and return courier fees.
Return Courier Fees: These should be included in the Demand Draft if not paid online. Do not enclose cash in your postal application envelope, as BLS will not be responsible for any loss.
It’s important to note that postal applications will not be processed until the correct fee, consular surcharge fee, service charge, and courier fee are paid. Personal cheques are not accepted.
Additional Payment Information
BLS International, the processing agency, does not offer a pickup and drop-off service for PO box addresses. Applicants must arrange their pickup and provide a self-addressed, printed, prepaid return envelope.
Ensure that your payment covers all necessary fees to avoid delays in processing your application.
Processing Time and Expectations
The processing time for surrendering Indian passport in Canada can vary, influenced by several factors. Understanding these can help set realistic expectations and assist in planning your application submission accordingly.
Factors Influencing Processing Time
- Submission City: The city where you submit your application can impact processing time.
- Old Passport Issuance City/Country: The location where your previous or old passport was issued may also play a role.
- Current Visa Status: Your current visa status in Canada can affect the duration of the process.
Estimated Processing Times
Toronto Jurisdiction: The minimum processing time is approximately 8 weeks.
Additional Time for Postal Applications: Postal applications typically require an additional 3-4 working days for processing.
Important Considerations
Incomplete applications can significantly delay the process. Ensure all required documents and information are provided accurately.
It’s advisable to make travel arrangements only after receiving the surrender certificate or other relevant documents.
BLS International, HCI (High Commission of India), and CGI (Consulate General of India) do not have control over processing times once the application is under process.
The processing time mentioned does not include the time taken by courier services for delivery.
Contact and Follow-up
If the normal processing time has exceeded, you can contact the nearest Indian Mission via email for information beyond what BLS International can provide.
Forms and Annexure
Completing the correct forms and providing the necessary annexures is a critical part of the passport surrender process. This section provides guidance on accessing and filling out these documents.
Online Application Form
Access: The Surrender Certificate application form is available online. You can access it at https://embassy.passportindia.gov.in.
Completion: Ensure all details are filled in accurately, as any errors can lead to delays in processing.
Processing and Submission
Once you have completed the form and gathered all necessary documents, review the checklist thoroughly before submission to avoid any missing information or documents.
Frequently Asked Questions
In this section, we address some frequently asked questions and clarify common misconceptions regarding the surrender of Indian passports in Canada. This information aims to provide additional clarity and assist in unique or special case scenarios.
Q1: Do I need to surrender my Indian passport if I have OCI/PIO status?
Yes, even if you hold an OCI (Overseas Citizen of India) or PIO (Person of Indian Origin) card, you are required to surrender your Indian passport upon acquiring foreign citizenship.
Q2: What happens if I travel on my Indian passport after acquiring Canadian citizenship?
Traveling on Indian passport after acquiring foreign citizenship is illegal and can lead to penalties. You should use your Canadian passport for international travel once you have become a Canadian citizen.
Q3: Can I retain my Indian passport as a souvenir or memory?
No, you cannot retain your Indian passport for sentimental reasons. It must be physically surrendered and will be cancelled and returned to you for record-keeping.
Q4: What if I lost my Indian passport before acquiring Canadian citizenship?
If you have lost your Indian passport, you should provide a notarized affidavit stating the loss and complete the necessary formalities for reporting a lost passport before applying for the surrender certificate.
Q5: Is there a deadline for surrendering my Indian passport after acquiring Canadian citizenship?
While there is no strict deadline, it’s advisable to surrender your Indian passport as soon as possible after acquiring Canadian citizenship to avoid any legal complications or penalties.
Q6: Can I surrender my Indian passport online in Canada?
While you can start the process online by filling out the surrender form, the actual surrender of the passport usually requires visiting the consulate or sending documents by mail.
Q7: How soon after acquiring Canadian citizenship should I surrender my Indian passport?
It’s recommended to surrender your Indian passport as soon as possible, ideally within 90 days of acquiring Canadian citizenship, to avoid penalties.
Clarifications on Special Cases
Children Born in Canada to Indian Parents:
If a child is born in Canada to Indian parents and acquires Canadian citizenship, their Indian passport (if issued) must be surrendered.
Surrender Certificate for Previously Naturalized Citizens:
Individuals who became Canadian citizens before January 1, 2005, and whose Indian passport expired before that date are exempt from penalties but are still required to obtain a Surrender Certificate.
Penalty Waivers:
The penalty for late surrender of Indian passport cannot be waived or reduced, except in specific situations as per the discretion of the Indian consulate.
Conclusion
Surrendering your Indian passport in Canada is a mandatory and responsible step following the acquisition of Canadian citizenship. This process, while straightforward, requires careful attention to detail in terms of completing the necessary paperwork, understanding the legal implications, and adhering to the stipulated timelines. By following the guidelines outlined in this article, you can ensure a seamless and compliant transition to your new citizenship status.
It’s essential to stay informed and proactive throughout the process, from gathering the required documents to understanding the fees and legal implications. Remember, the surrender certificate is a crucial document that you should keep safely, as it serves as an official record of your passport surrender.
Additional Resources
For more detailed and up-to-date information, always refer to the official websites of the Indian consulates in Canada or the Indian passport services portal. These resources provide the most current forms, fee structures, and guidelines.
- Official Website: https://www.blsindia-canada.com
By staying informed and prepared, the process of surrendering your Indian passport in Canada can be a straightforward and stress-free experience, allowing you to fully embrace your new journey as a Canadian citizen.