Fix the Dual Citizenship Issue: Your Simple Guide to Citizenship Renunciation
Many Indians who move abroad and become citizens of another country feel proud of their achievement. It marks a new chapter in their lives. But there is one important legal step to take you must give up your Indian citizenship.
This process is called citizenship renunciation. It means you officially tell the Indian government that you are no longer an Indian citizen.
India does not allow dual citizenship. This means you cannot hold two passports at the same time. Once you get another country’s passport, your Indian citizenship ends automatically.
The best part is that you can finish this process from abroad. You do not have to travel back to India. This guide explains how to do it step by step and why taking help from an immigration lawyer makes it easier.
Why You Must Act Quickly
Citizenship renunciation is not just a formality. It is a legal rule that keeps you safe from fines and penalties.
- Automatic End (Section 9): As per Section 9 of the Citizenship Act, 1955, your Indian citizenship ends the moment you become a citizen of another country.
- Formal Declaration (Section 8): You must also make an official report under Section 8 and give up your Indian passport.
- Avoid Fines: Using your Indian passport after getting a foreign one is a crime under the Passports Act, 1967. You can be fined or even face a case. That’s why you should surrender your Indian passport as soon as you get your new one.
How to Complete Citizenship Renunciation from Abroad
The Indian Embassy or Consulate in your country handles the whole process. Most of them work through VFS Global, which collects documents and fees.
1. Start the Process Online
- Visit the official website of your Indian Embassy or VFS Centre.
- Fill out the Declaration of Renunciation of Citizenship of India form carefully. Use correct spellings and dates.
- Upload scanned copies of:
- Your foreign passport
- Your old Indian passport (first and last pages)
- Your citizenship or naturalisation certificate
2. Submit Documents and Pay the Fees
- Print the form once completed.
- Add these documents together:
- Signed renunciation form
- Your old Indian passport
- Copy of your new foreign passport
- Pay the renunciation fee, which is usually between USD 175 and USD 250. The amount may vary depending on your country or if you apply late.
- Send your papers by courier or submit them in person (by appointment) at the VFS Centre or Embassy.
3. Receive Your Renunciation Certificate
- The Embassy will verify your details and cancel your Indian passport.
- Once done, you’ll get a Renunciation Certificate.
- This certificate proves that you have officially given up your Indian citizenship. You will need it later to apply for your OCI card (Overseas Citizen of India).
Handling Legal or Document Problems Abroad
Sometimes, people face problems while doing their citizenship renunciation. Here’s how to manage them:
- Passport Stolen:
- Report it to the local police and the nearest Indian Embassy.
- Use the police report and an affidavit to continue your renunciation process.
- Look Out Circular (LOC):
- If there is a court case or LOC against you, the Embassy may stop your process.
- A lawyer must first solve the issue before the Embassy continues.
- Passport Renewal Delays:
- Keep all receipts, forms, and emails safe.
- An immigration lawyer can follow up with the Embassy or Indian authorities for you.
- Visa Status Change:
- Once you renounce citizenship, you are no longer Indian.
- Use your foreign passport to apply for a tourist visa, business visa, or OCI card.
- CAA or Other Legal Issues:
- If your case involves the Citizenship Amendment Act (CAA) or any other legal issue, talk to an immigration lawyer before applying.
The Citizenship Law and New Legal Changes
The main law is the Citizenship Act, 1955. Every immigration lawyer or consultant follows this law when helping clients.
- New Law – Bharatiya Nyaya Sanhita (BNS), 2023: The BNS replaced the old Indian Penal Code (IPC). It makes rules on crimes like fake documents clearer.
Although it doesn’t change citizenship rules, it does increase punishments for misuse, such as using a cancelled passport or false identity. - Recent Court Decision: In Vineet Sharma vs Union of India (2024), the Delhi High Court said that Indian citizenship ends the moment you become a foreign citizen.
The Court also told the government to speed up renunciation applications for NRIs living abroad.
Why You Should Get Legal Help
You don’t have to go through the citizenship renunciation process alone. Legal experts can make things faster and safer.
- Immigration Attorney (India):
- Checks all your documents before submission.
- Ensures you follow Indian laws and embassy guidelines.
- Immigration Law Firm:
- Handles complex cases, such as court disputes or LOCs.
- Offers complete legal help, from communication with the Embassy to legal defence.
- Immigration Consultant:
- Helps with paperwork, form checking, and document submission.
- You can search for an “immigration consultant near me” or contact a lawyer in Mumbai for expert support.
Common Questions About Citizenship Renunciation
- Can I renounce my Indian citizenship online from abroad?
Yes. Fill out the form online and submit the printed documents to the Embassy or VFS Centre.
- What happens if I delay surrendering my Indian passport?
You may face fines under the Passports Act, 1967. Always complete it as soon as possible.
- How long does it take to get the renunciation certificate?
Usually 3 to 8 weeks, depending on verification and embassy workload.
- Can I apply for an OCI card after renunciation?
Yes. Once you get your renunciation certificate, you can apply for your OCI card.
- Do I need a lawyer for this process?
If your case is simple, you can do it yourself. But if you face problems like lost passports or court cases, get help from an immigration lawyer.
- What is the difference between Section 8 and Section 9?
- Section 9: Your citizenship ends when you get a foreign passport.
- Section 8: You must make a formal declaration to confirm it.
- What if my application gets delayed?
Contact an immigration law firm or attorney. They can follow up with authorities and speed up the process.
A Clear Path to Global Freedom
India’s citizenship laws are now more digital and simpler to understand. When you complete citizenship renunciation and passport surrender, you stay legally safe and ready for global travel.
Once you receive your OCI card, you can still visit, work, or invest in India without losing your foreign citizenship. It’s the best way to stay connected to both worlds.
LawCrust Legal Consulting: Your Trusted Legal Partner
LawCrust Legal Consulting helps Indians abroad handle all types of immigration and citizenship issues. Our expert lawyers assist with:
- Citizenship renunciation and passport surrender
- Look Out Circular (LOC) cases
- Deportation and immigration disputes
- OCI card and visa applications
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a leading firm in the legal industry. We offer a wide range of premium services, including Litigation Finance, Legal Protect, Litigation Management, Startup Solutions, Funding Solutions, Hybrid Consulting Services, Mergers & Acquisitions, and more. With over 50 offices across India and a team of more than 70 specialised lawyers, we provide top-notch support for a variety of legal matters.
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