SENDING PASSPORT TO CIC OTTAWA BY INDIAN CITIZENS RESIDING IN THE USA

[legalfalcon]

Can an Indian Citizen residing in the US send his passport to CIC Ottawa when he receives a PPR?

I have seen this issue asked on various threads. There has been a consensus that Indian citizens cannot mail their passports outside the country of residence, however it has no legal backing whatsoever.

The Law that governs applying, issuing, revocation, and other aspects of passport in India is the Passport Act of 1967. There is no provision in the Passport Act that prohibits a Indian national to mail his passport outside his country of residence.

All people stating that it is illegal to mail passport outside the country of residence, are incorrect and that is not an accurate picture of the law. To sum up what the law says and why the guideline of not sending the passport outside the country of residence is as follows:

Section 12 of the Passport Act 1967 laws down the various offenses. No where it stats that it is an offense to mail a passport outside the country of residence. However, Section 12(1)(c),(d) & (e) state as follows:

(c) fails to produce for inspection his passport or travel document (whether issued under this Act or not) when called upon to do so by the prescribed authority; or
(d) knowingly uses a passport or travel document issued to another person; or
(e) knowingly allows another person to use a passport or travel document issued to him,
shall be punishable with imprisonment for a term which may extend to 7[two years or with fine which may extend to five thousand rupees] or with both.

A simple reading of the above abundantly makes it clears that a passport should always be in possession of the holder, and it should not be given to any person (except an authorized representative), or mailed outside to insulate you from the above offenses. This should be done to deter fraud, theft and other people illegally using your passport or visas to commit above offenses.

Having said this, there is no law prohibiting a holder of Indian passport to mail his passport outside the country of residence. Further, if an Indian citizen is a legal resident in the USA, sending his passport to CIC Ottawa by mail is in no way a violation of the law or rules under the passport act as long as it stays within North America. However, if a holder intends to send a passport to his friend, relative, or another acquaintance in Canada who would further dispatch it to CIC, that is questionable and I would recommend not doing so.

But to answer the question, sending the passport to CIC Ottawa by Indian citizens residing in the USA is perfectly fine and there are no issues. However, if you feel your passport has multiple valid visas, and there are chances that it might be stolen, you will be better off asking for a change on the Visa office from Ottawa to NY, but you will still be mailing them the passport.

I hope this clears the air and all ambiguity surrounding the issue.

 

[sraj07]

got confused because on the last page of the passport it is mentioned under "caution" section

"This passport should not be sent out of any country by post . this should be in the custody of the holder or of a person authorized by the holder . It must not be altered or mutilated in any way "

 

[legalfalcon]

got confused because on the last page of the passport it is mentioned under "caution" section

"This passport should not be sent out of any country by post . this should be in the custody of the holder or of a person authorized by the holder . It must not be altered or mutilated in any way "

That is a guideline, not the law, to protect you from fraud. However, if you are sending your passport to CIC Ottawa from the US, there is no problem. Read the above post for the detailed explanation. As long as your passport is within North America, there should be no issues.

 

[sraj07]

thanks for the advice .... you made it very clear .... +1

 

[jairichi]

There are instances where passports if sent by mail or courier to another country are seized by customs. It might be a clear cut law in India that it is not an offense but it might be considered a violation to the country where your passport is being sent. Sending passport within a country by mail or courier is never an issue. Even in the case of getting OCI sticker, passport is not sent outside of the country of residence by the Indian embassy or consulate but OCI sticker is printed in India and sent to designation country to get it affixed in passport. Having said that you decide whether you take this risk or not.

 

[legalfalcon]

There are instances where passports if sent by mail or courier to another country are seized by customs. It might be a clear cut law in India that it is not an offense but it might be considered a violation to the country where your passport is being sent. Sending passport within a country by mail or courier is never an issue. Even in the case of getting OCI sticker, passport is not sent outside of the country of residence by the Indian embassy or consulate but OCI sticker is printed in India and sent to designation country to get it affixed in passport. Having said that you decide whether you take this risk or not.

The Customs will never seize a passport unless it for an illegal purpose (eg. human trafficking, illegal immigration etc.). As regards in the USA and Canada you can mail passports to other countries. So it is highly unlikely that when an envelope is addressed to the CIC with a passport, it will be seized by the Customs Canada or when it is on its way back by the US customs.