Need to travel to India immediately after Citizenship Oath

[Silver77]

Well, my own country allows dual citizenship and I will become a Canadian in a week.

I am just curious which countries not allow dual citizenship?

 

[aed]

Well, my own country allows dual citizenship and I will become a Canadian in a week.

I am just curious which countries not allow dual citizenship?

Japan, India, Austria, Norway, the Netherlands (some exceptions), Denmark, China, to name a few.

 

[Naavy100]

Naavy, are you a Canadian citizen and have you applied for OCI?

No , all information about OCI , PIO , Renouncing Indian passport can be found here

http://www.blsindia-canada.com/aboutus.php

 

[cuds]

After oath, you can get a Canadian pp the very next day with expedited processing. Previously new citizens had to wait 2 days for the CIC systems to be updated, but it looks like now that's no longer needed. Then you can apply for an emergency visa (if you truly have an emergency) directly at the consulate.

I took my oath ceremony yesterday (Scarborough) and we were told by the clerk that we have to wait 2 business days to apply for a passport, so I am not sure where your info is coming from.

 

[alphazip]

Well, my own country allows dual citizenship and I will become a Canadian in a week.

I am just curious which countries not allow dual citizenship?

Here are a couple sites that list which countries allow or forbid dual citizenship, though neither list is complete:
http://www.immihelp.com/citizenship/dual-citizenship-recognize-countries.html
http://nomadcapitalist.com/2014/04/25/countries-allow-dual-citizenship/

 

[raj000m]

It seems like a difficult position, but the pros giving advise, good luck bro!

 

[Donvalley]

I took my oath ceremony yesterday (Scarborough) and we were told by the clerk that we have to wait 2 business days to apply for a passport, so I am not sure where your info is coming from.

It takes up to 48 hours to appear your data on passport Canada screen, so you have to wait two days plus another day for 24 hours processing. This is the minimum you can get your PP.

Regarding penalties for holding Indian passport after becoming foreign citizen; there is three months grace period. You can contact the CGI online directly and they reply surprisingly fast and efficient. Read below quoted from their site:

Penalties
Penalty for Retention of Passport for than 3 years of acquiring Foreign Citizenship should not be charged to the applicant if the applicant travels within 3 months of acquisition of foreign citizenship as they are given a grace period of 3 months.

Traveling to India may not be an issue but returning back will be a BIG issue as your PR will be taken back at the time of oath and will be given a citizenship certificate. See quoted below from CIC website.

International transportation companies such as airlines may require travellers to present a passport before boarding. Canadian citizens may face delays or may not be allowed to board the plane or other conveyance if they present other documents such as a:
Canadian citizenship card

Note that a Certificate of Canadian Citizenship is not a travel document.

Working in India without a work visa, I believe, will lead to problems later...as foreigners are not allowed to work in India without an employment/business visa.

Though there is a grace period but it will be very difficult to explain this to the officers at CGI/BLS etc when ever you go for surrender / apply later for Visa/ OCI or PIO etc. as the rules change minute by minute in India and each and every mighty Indian officer have a different information / opinion.
Unless you are a very very lucky type of person, always able to sneak through the system; I will suggest you to take few more days to avoid all this BS on way as bonus for haste !!!

 

[torontob]

Hi All,

I am on Indian passport.

I have my citizenship oath date set.

I know for sure, I need to travel to India for work immediately afterwards.
How do I do that?

Since I would have taken oath, I would not be Indian citizen, so cannot use Indian passport.
I can get Canadian passport in 2 days.
But not clear on how will my travel work as I will not have sufficient time for getting India visa on Canadian passport.

I read there is penalty on travelling on Indian passport of $180. I am willing to pay the penalty. What can be any other complications?

Any suggestions?

Thanks in advance.
V

You can travel with your Indian passport with no issues. You can also show your Canadian passport to officer when you land in Canada. This is NOT a crime or anything illegal in Canada. Ask Indian consulate if they give you the 3 months grace period and if they do then no penalties apply either. Flight supervisors in India can check your Canadian passport for return since you won't have your PR.

 

[Donvalley]

Please don't travel to India while holding a second passport, no matter foreign or Indian. Possessing another passport is considered a serious criminal offense in India and will straightly end up in prison.
This is because the fact that Indian citizenship laws clearly states that automatic loss of citizenship if another citizenship is acquired.

The Constitution of India does not permit dual citizenship or dual nationality. Indian authorities interpreted this to mean a person cannot have another country's passport while simultaneously holding an Indian one.

In Canada it doesn't matter or is not illegal to hold another country's passport but possessing a second passport in India is a criminal offence and will land you in jail. Please understand clearly that the Constitution of India does NOT allow dual citizenship, i.e., holding Indian citizenship and citizenship of a foreign country simultaneously. It does not matter that a person continues to hold an Indian passport. Don't take my words easily for that matter.

I guess torontob is from Pakistan where this will not be an issue as passport rules are not strictly implemented like India.

See the quoted below:

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), renewal of Indian passport after acquiring foreign nationality and retention of Indian Passport for more than 3 years after acquiring of foreign nationality. The date on the Naturalisation Certificate will be treated as date of acquiring foreign nationality and hence, it is mandatory for the applicants to produce his / her Naturalisation Certificate for obtaining Surrender Certificate.

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.

Penalty for retention of Indian passport for more than 3 years after acquiring foreign citizenship is not imposed on applicants who could furnish proof of having obtained visa to visit India on their first foreign passport immediately after acquiring foreign nationality or if they have already obtained OCI / PIO Cards or Visa. However, if there is a gap of more than three years between acquisition of foreign nationality and obtaining OCI / PIO Cards or Visa, then applicable penalty, if any, would have to be paid.

 

[torontob]

Please don't travel to India while holding a second passport, no matter foreign or Indian. Possessing another passport is considered a serious criminal offense in India and will straightly end up in prison.
This is because the fact that Indian citizenship laws clearly states that automatic loss of citizenship if another citizenship is acquired.

The Constitution of India does not permit dual citizenship or dual nationality. Indian authorities interpreted this to mean a person cannot have another country's passport while simultaneously holding an Indian one.

In Canada it doesn't matter or is not illegal to hold another country's passport but possessing a second passport in India is a criminal offence and will land you in jail. Please understand clearly that the Constitution of India does NOT allow dual citizenship, i.e., holding Indian citizenship and citizenship of a foreign country simultaneously. It does not matter that a person continues to hold an Indian passport. Don't take my words easily for that matter.

I guess torontob is from Pakistan where this will not be an issue as passport rules are not strictly implemented like India.

See the quoted below:

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), renewal of Indian passport after acquiring foreign nationality and retention of Indian Passport for more than 3 years after acquiring of foreign nationality. The date on the Naturalisation Certificate will be treated as date of acquiring foreign nationality and hence, it is mandatory for the applicants to produce his / her Naturalisation Certificate for obtaining Surrender Certificate.

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.

Penalty for retention of Indian passport for more than 3 years after acquiring foreign citizenship is not imposed on applicants who could furnish proof of having obtained visa to visit India on their first foreign passport immediately after acquiring foreign nationality or if they have already obtained OCI / PIO Cards or Visa. However, if there is a gap of more than three years between acquisition of foreign nationality and obtaining OCI / PIO Cards or Visa, then applicable penalty, if any, would have to be paid.

I am not familiar with Indian laws but don't scare the guy to death with prison while the law clearly states "penalties" which might be only monetary penalties and one can afford at times of emergencies. Also, there is a grace period as stated. I am not sure if you have a clear understanding of this and neither do I but as I suggested he should contact the consulate who can tell him the right procedure. Don't be fear mongering! what if he lost his Indian passport while he was in India and then got his Canadian citizenship? He would then have to fly back with Canadian passport - so he would go to prison? This is not an India movie

 

[xenon]

I took my oath ceremony yesterday (Scarborough) and we were told by the clerk that we have to wait 2 business days to apply for a passport, so I am not sure where your info is coming from.

it was quoted by recent citizens on this same forum that CIC officials told them that they no longer need to wait. I'm not sure how far that's true though.

 

[xenon]

You can travel with your Indian passport with no issues. You can also show your Canadian passport to officer when you land in Canada. This is NOT a crime or anything illegal in Canada. Ask Indian consulate if they give you the 3 months grace period and if they do then no penalties apply either. Flight supervisors in India can check your Canadian passport for return since you won't have your PR.

Agree, but if you show your Canadian passport to leave India, Indian immigration officers will ask for the Indian entry stamp. And at that point, if he says he travelled with his Indian pp, it will cause all sorts of unwanted issues and you don't want to be stuck with Indian immigration !

 

[torontob]

Agree, but if you show your Canadian passport to leave India, Indian immigration officers will ask for the Indian entry stamp. And at that point, if he says he travelled with his Indian pp, it will cause all sorts of unwanted issues and you don't want to be stuck with Indian immigration !

Hence, call the consulate and ask for advice. I gave a real life scenario where someone looses their passport and obtains another one which doesn't have entry stamp on it - I am sure they see many cases like that at ports and have a way to solve it without sending people to prison. I have seen and heard many such cases all over the world (not specifically India). If someone has been in a situation like that, maybe they can chime in.

 

[aed]

Hence, call the consulate and ask for advice. I gave a real life scenario where someone looses their passport and obtains another one which doesn't have entry stamp on it - I am sure they see many cases like that at ports and have a way to solve it without sending people to prison. I have seen and heard many such cases all over the world (not specifically India). If someone has been in a situation like that, maybe they can chime in.

Torontob, it's not about giving somebody a scare. Xenon is right. Not all countries will just slap you on the wrist. Actually, most won't and I don't think it's just Europe and the US. Your point about inquiring at the consulate is valid. I agree completely.

 

[torontob]

Torontob, it's not about giving somebody a scare. Xenon is right. Not all countries will just slap you on the wrist. Actually, most won't and I don't think it's just Europe and the US. Your point about inquiring at the consulate is valid. I agree completely.

My remarks were directed to Donvalley poster: "Please don't travel to India while holding a second passport, no matter foreign or Indian. Possessing another passport is considered a serious criminal offense in India and will straightly end up in prison." <<< This is very much a fear mongering attitude of a sales person