British citizenship and India travel

maulik_doctor · Post by **maulik_doctor** » Sat Sep 29, 2012 12:48 pm

I have to travel out of UK for my brothers weeding which is on 16 December and I received my invitation to oath as at 18 September. So I understand I need to take oath by 18 December. Can you please suggest if I can travel on my Indian passport and apply for oath and british passport after coming back to UK.

Or if I take oath before going to India can I travel on Indian passport?

Thanks for all help.

manyaonisland · Post by **manyaonisland** » Sat Sep 29, 2012 10:46 pm

maulik_doctor wrote:
Or if I take oath before going to India can I travel on Indian passport?

On the day of naturalisation ceremony you become British citizen and you forfeit your Indian citizenship as India do not allow dual nationality. you have 90 Days grace period where you can use your Indian passport to travel but by the end of the 90 days you have to surrender your Indian passport else there are penalties for keeping passport/ travelling on the passport beyond the grace period.

So in my opinion you should book your naturalisation ceremony around end of Oct and then travel to India on your Indian passport. Once you are back in UK from Marriage (ASAP after marriage) apply for British passport and surrender Indian passport.

maulik_doctor · Post by **maulik_doctor** » Mon Oct 01, 2012 10:31 pm

Thanks a lot for your advice, much appreciated.

I just have one or two more queries.

1) Can I apply for British passport before I go to India, say I apply for my British passport in October and get in November. Can I still travel on Indian passport in the grace period.

2) Even if I dont apply for British passport and I use Indian passport for travel while landing in India and coming back to UK should I claim to be British citizen or Indian. If I claim to be British citizen than would they (Indian & UK Immigration) mind or create any issues? and

3) If I apply and get my British passport before I travel can I use Indian passport to enter India and British passport to enter UK? Or can I use Indian passport to enter India and UK?

Sorry for so many detailed questions but your help is highly appreciated.

Thanks

manyaonisland · Post by **manyaonisland** » Tue Oct 02, 2012 9:23 am

maulik_doctor wrote:Thanks a lot for your advice, much appreciated.

I just have one or two more queries.

1) Can I apply for British passport before I go to India, say I apply for my British passport in October and get in November. Can I still travel on Indian passport in the grace period.

Yes. Do not see any reason why not as far as you are in the Grace period of 90 days which starts on the day you take oath. My suggestion was to take oath at the end of the Oct that gives you period till end of Jan to surrender Indian passport. You can apply for British passport on the day you take a oath in a hope that you will get your passport interview done and passport delivered (Indian and preferably British) before you travel.

maulik_doctor wrote: 2) Even if I dont apply for British passport and I use Indian passport for travel while landing in India and coming back to UK should I claim to be British citizen or Indian. If I claim to be British citizen than would they (Indian & UK Immigration) mind or create any issues? and

As you are travelling to India on valid Indian passport no need to mention anything about you Being British just yet. While coming back to UK as you have valid Permit /visa there should not be problem entering UK on valid Indian passport with valid visa.

maulik_doctor wrote: 3) If I apply and get my British passport before I travel can I use Indian passport to enter India and British passport to enter UK? Or can I use Indian passport to enter India and UK?

If I would you, i would keep things simple by using Indian passport for this trip provided it is within 90 days after taking oath.

maulik_doctor · Post by **maulik_doctor** » Tue Oct 02, 2012 9:34 am

Thanks a ton for the advice. It means a lot.

I just wanted to be informed rather than being in the dark and my only concern is that if British immigration creates a fuss saying why are you travelling on Indian passport when our system shows you have British passport and if I show British passport than it will not have an out stamp from India as I have shown Indian passport to exit India.

In this case should I show both or only Indian or only British?

I hope I am not over evaluating but just being precautious.

Thanks again.

manyaonisland · Post by **manyaonisland** » Wed Oct 03, 2012 7:55 am

maulik_doctor wrote:if British immigration creates a fuss saying why are you travelling on Indian passport when our system shows you have British passport

I do not think that they will create any fuss like that as far as your Indian passport is valid and you have valid permit to enter in UK which i guess you have. you are entering in UK legally so there should not be any problem. The Requirement is that you should be travelling on a valid travel document and you should have valid permit to enter the country you are travelling to on that document, not which country's passport you hold and which you are using.

maulik_doctor wrote: In this case should I show both or only Indian or only British?

If i would be you i would not even think about British passport at this stage.

gidoc · Post by **gidoc** » Fri Oct 05, 2012 8:54 pm

Read this quite carefully before you decide anything- grace period may not be your right.
Best policy will be to get British PP asap and then apply for Indian visa.

The Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian passport/acquiring Indian passport/travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties. The Government of India has prescribed imposition of penalty on a graded scale for the violation of Passport Rules, depending on number of trips made on Indian passport after acquiring foreign nationality (with a three month grace period from the date of acquiring foreign nationality i.e. the date of Naturalisation certificate)

manyaonisland · Post by **manyaonisland** » Sun Oct 07, 2012 5:09 pm

gidoc wrote:Read this quite carefully before you decide anything- grace period may not be your right.
Best policy will be to get British PP asap and then apply for Indian visa.

The Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian passport/acquiring Indian passport/travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties. The Government of India has prescribed imposition of penalty on a graded scale for the violation of Passport Rules, depending on number of trips made on Indian passport after acquiring foreign nationality (with a three month grace period from the date of acquiring foreign nationality i.e. the date of Naturalisation certificate)

So the point you are trying to make is that the 3 months grace period is for surrendering Indian passport not for travel using the same.
Is there anyone here who has travel on Indian passport after acquiring another nationality and then later surrendered Indian passport within three months without getting any penalty?

geriatrix · Post by **geriatrix** » Sun Oct 07, 2012 7:39 pm

CLARIFICATIONS wrote:4. There is a grace period of three months after acquisition of foreign nationality (to be counted from the date of registration / Naturalisation Certificate and not from the date of foreign passport) for using Indian passport for travel.

manyaonisland · Post by **manyaonisland** » Mon Oct 08, 2012 8:03 am

sushdmehta wrote:
CLARIFICATIONS wrote:4. There is a grace period of three months after acquisition of foreign nationality (to be counted from the date of registration / Naturalisation Certificate and not from the date of foreign passport) for using Indian passport for travel.

Thank you sushdmehta.

gidoc - it is pretty clear that it can be used for travelling within 3 months after acquisition of the foreign nationality and there will not be any penalties provided you surrender the same within 3 months. Do you agree?

geriatrix · Post by **geriatrix** » Mon Oct 08, 2012 11:37 am

As per HCI website, it appears that there is no penalty if you don't surrender the passport within 3 years of acquiring a foreign nationality.

See Fee structure -> point 4

e.g. - if someone travels using an Indian passport only within 3 months of acquiring British citizenship and surrenders his passport anytime within 3 years of acquiring British citizenship then, as per information on HCI website on date, the person is not liable to pay any penalty.

t1seeker · Post by **t1seeker** » Mon Oct 08, 2012 4:51 pm

manyaonisland wrote:
maulik_doctor wrote:if British immigration creates a fuss saying why are you travelling on Indian passport when our system shows you have British passport
I do not think that they will create any fuss like that as far as your Indian passport is valid and you have valid permit to enter in UK which i guess you have. you are entering in UK legally so there should not be any problem. The Requirement is that you should be travelling on a valid travel document and you should have valid permit to enter the country you are travelling to on that document, not which country's passport you hold and which you are using.

AFAIK your ILR is supplanted on the day you take oath as a British citizen, so strictly speaking even though you have a valid travel document (ie the Indian passport) but your permit to stay in the UK (ie ILR) is deemed to be cancelled. In such a situation to prove your right to abode in the UK would then be to show your Naturalisation certificate or your British pp (if you already get one by the time you travel to India), when you try to re-enter the UK. Thats just my interpretation of the law, may be more senior members can comment or correct.

But as they say the proof is in the pudding so has anyone here actually

1) Obtained Naturalisation / UK passport
2) Traveled to India on Indian passport (within 3 mnth grace period)
3) Came back to the UK on Indian passport (within 3 mnth grace period)
4) Then sucessfully surrendered Indian pp (no penalties)
5) And finally, obtained OCI without any issues

Would be great to know, otherwise the whole discussion is a bit academic as you can never be sure how UKBA and/or HCI interpret these rules.

manyaonisland · Post by **manyaonisland** » Tue Oct 09, 2012 8:22 am

See similar discussion here, here and here.

maulik_doctor · Post by **maulik_doctor** » Wed Oct 10, 2012 11:13 pm

Thanks everyone for sharing their research.

In mean time I emailed VFS Services ( who handles surrender and issuance of visas, on behalf of HCI) asking for processing time for surrender of passport and if I could use the grace period to travel.

They replied back confirming this

' As India does not recognise dual nationality, you are required to surrender your Indian passport when acquiring a new nationality. A grace period of three months is given from the issue date of Naturalization Certificate by the government of India , before imposing any penalty. So if it is only three months since you have received your British Naturalization Certificate then you can travel on your Indian passport. Further please be advised that you need to return back to UK before the three months grace period is over'

So my intentions are to carry this as documentary evidence confirming I can travel India during grace period on my Indian passport.

Further, the pack given during the oath ceremony mentioned about Right to Abode. It mentions that after attaining British citizenship if anyone wants to travel on foreign passport than they need to get Right to abode stamp on their foreign passport. After visiting the right to abode link on UKBA website http://www.ukba.homeoffice.gov.uk/briti ... -of-abode/

The website confirms the following:

You can use the following documents as evidence that you have the right of abode:

1)a UK passport describing you as a British citizen or a British subject with the right of abode; or
2)a UK identity card describing you as a British citizen or a British subject with the right of abode; or
3) a certificate of entitlement to the right of abode in the UK, which has been issued by the UK government or on its behalf.

I have applied for my British passport and hopefully it should come well in time before I travel. Hence I can use the passport to claim my ight of abode.

To summarise and correct me if I am wrong:

1) I can use Indian passport to enter India during grace period (even if I claim British citizen on Indian landing card)

2) I can use British passport to enter UK and if asked why there is no exit stamp from India I can show my Indian passport which I have used for India entry.

Everyone's comment is highly appreciated.

Thanks !!!!!!

gidoc · Post by **gidoc** » Sat Oct 13, 2012 7:47 pm

>>To summarise and correct me if I am wrong:

1) I can use Indian passport to enter India during grace period (even if I claim British citizen on Indian landing card)

2) I can use British passport to enter UK and if asked why there is no exit stamp from India I can show my Indian passport which I have used for India entry. >>

Correct on paper, if you are traveling in an emergency you will have no problems in entering India. only on return you will have to have all your documentation and be ready for explainations in UK.

People are sometimes happy even to pay a penalty an retain the passport for longer periods.
Personally, I woudnt undertake this option and be safe and stress free while traveling.

arunkulfi · Post by **arunkulfi** » Wed Nov 21, 2012 9:47 pm

maulik_doctor wrote:Thanks everyone for sharing their research.

In mean time I emailed VFS Services ( who handles surrender and issuance of visas, on behalf of HCI) asking for processing time for surrender of passport and if I could use the grace period to travel.

They replied back confirming this

' As India does not recognise dual nationality, you are required to surrender your Indian passport when acquiring a new nationality. A grace period of three months is given from the issue date of Naturalization Certificate by the government of India , before imposing any penalty. So if it is only three months since you have received your British Naturalization Certificate then you can travel on your Indian passport. Further please be advised that you need to return back to UK before the three months grace period is over'

So my intentions are to carry this as documentary evidence confirming I can travel India during grace period on my Indian passport.

Further, the pack given during the oath ceremony mentioned about Right to Abode. It mentions that after attaining British citizenship if anyone wants to travel on foreign passport than they need to get Right to abode stamp on their foreign passport. After visiting the right to abode link on UKBA website http://www.ukba.homeoffice.gov.uk/briti ... -of-abode/

The website confirms the following:

You can use the following documents as evidence that you have the right of abode:

1)a UK passport describing you as a British citizen or a British subject with the right of abode; or
2)a UK identity card describing you as a British citizen or a British subject with the right of abode; or
3) a certificate of entitlement to the right of abode in the UK, which has been issued by the UK government or on its behalf.

I have applied for my British passport and hopefully it should come well in time before I travel. Hence I can use the passport to claim my ight of abode.

To summarise and correct me if I am wrong:

1) I can use Indian passport to enter India during grace period (even if I claim British citizen on Indian landing card)

2) I can use British passport to enter UK and if asked why there is no exit stamp from India I can show my Indian passport which I have used for India entry.

Everyone's comment is highly appreciated.

Thanks !!!!!!

Hi Ya were you able to travel on your Indian passport after naturalisation ? (I.e with in the 3 months grace period) Please advise ?

virgo2012 · Post by **virgo2012** » Sun Feb 24, 2013 5:52 pm

Hi
can anybody suggest what are the penalties after 3 month of grace periods if somebody travel India on Indian passport after the date of naturalisation?

ssachida · Post by **ssachida** » Mon Feb 25, 2013 8:55 am

http://hcilondon.in/renunciation.php

RA123 · Post by **RA123** » Thu Feb 13, 2014 9:51 pm

Hi maulik_doctor,

I am in the same situation as you were, when you had to travel to India. Did you have any problems? Or was it o.k to travel in the grace period? Did you get british passport before you travelled or applied only after returning?

Your reply will be much appreciated.

Thanks

deepinon · Post by **deepinon** » Tue Jul 22, 2014 7:34 pm

After taking my oath, I did travel to india within the grace period of 3 months on indian passport last year. I will be surrendering the passport this week. I am hoping I will not get the penalty. Will post back once i surrender the passport.

skgupta · Post by **skgupta** » Wed Aug 13, 2014 6:12 pm

i wish to travel india
i had nationality ceremoney in middle of june and yesterday i applied for british passport.
hope so my british passport will come back in next 6 weeks so by the end of september.
i have booked my holidays in 2nd week of october
i dont think i will have time to apply for visa on my british passport
my question
can i go india on indian passport even after expiry of grace period of 3 months, if use indian passport and ILR for immigration at INDIA port what NATIONALITY should I put on indian landing card.
i am aware of the fact that during submission of my indian passport i would need to pay 145 pound as a penalty.

please guide me in this regard

ban.s · Post by **ban.s** » Wed Aug 13, 2014 7:36 pm

skgupta wrote:i wish to travel india
i had nationality ceremoney in middle of june and yesterday i applied for british passport.
hope so my british passport will come back in next 6 weeks so by the end of september.
i have booked my holidays in 2nd week of october
i dont think i will have time to apply for visa on my british passport
my question
can i go india on indian passport even after expiry of grace period of 3 months, if use indian passport and ILR for immigration at INDIA port what NATIONALITY should I put on indian landing card.
i am aware of the fact that during submission of my indian passport i would need to pay 145 pound as a penalty.

please guide me in this regard

Indian.
It's likely you'll have to pay £290 penatly fee...£145 is for each time passport is used.

hussainkothari · Post by **hussainkothari** » Fri Oct 28, 2016 12:42 pm

Same issue. I have both British and Indian passport and am within the grace period.
Can I travel to India on the Indian passport and return on the British passport? The British Passport will not have entry stamps into India though.

hussainkothari · Post by **hussainkothari** » Tue Jan 17, 2017 10:37 pm

I had both British and Indian passport and was contemplating to travel within the grace period I check this with the Indian High Commission and below is the reply. They have said that once the British passport is obtained the grace period does not apply.

------------------------
From: Surrender Wing <surrender.ppt@hcilondon.in>
Wed 11/23/2016, 5:12 PM
to: You,'Gyan Singh, Counsellor [Passport]' (couns.ppt@hcilondon.in)

Dear sir,

Once the British passport acquired , you should only travel on the same after taking a Visa/OCI. Grace period is not applicable once the British Passport is received as it is Illegal and will attract penalties.

Regards,
Passport Surrender Section,
High Commission of India,
India House,
Aldwych,
London WC2B 4NA.
------------------------

From: Info.london@hcilondon.in
Mon 11/28/2016, 9:58 AM
To: You

Dear Sir/Madam,

Greetings from the High Commission of India, London.
Since he/she has got the British Passport already, travel should be made only on the same after acquiring a Visa/OCI. Grace period is not applicable once the British Passport is obtained. The Indian Citizenship Act, 1955, does not allow dual citizenship. Holding Indian Passport / acquiring Indian Passport / travelling on Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, and attracts penalties.

Please do not hesitate to contact us if you have further queries.

Thanks & Regards
Public Response Unit
High Commission of India
India House, Aldwych, WC2B 4NA
Tel: 02086295950
Email: info.london@hcilondon.in
------------------------

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