Ensuring You can Prove your Indian Citizenship Renunciation
Renouncing your Indian citizenship is a big decision. It requires you to gather evidence of your renunciation and submit it to the Indian government for processing. To ensure that your application is accepted, it is important to know the exact requirements for renunciation and how to go about proving that you have fulfilled them.
The process of renouncing Indian citizenship can be difficult and time-consuming, but with the right kind of help, it doesn’t have to be. This guide is designed to provide a comprehensive overview of the process, from understanding the laws and regulations surrounding renunciation to gathering evidence and submitting your application.
What is Indian Citizenship Renunciation?
Renouncing your Indian citizenship is an important step for those wishing to acquire a different nationality or passport. The process for Indian citizenship renunciation is governed by Section 8 of the Citizenship Act, 1955, and requires a person’s declaration to be made in the prescribed form before the prescribed authority.
It is important to note that applying for the renunciation of Indian citizenship, does not automatically revoke it; applicants must submit proof of their applications being accepted before their original nationality can be fully abdicated. Proof of Indian citizenship renunciation can include
- A copy of the cancelation/surrender certificate issued by the Indian Embassy or Consulate, along with an acknowledgment letter issued by them;
- A copy of Form XXII (duly filled and signed) and Form XIII (required under some circumstances);
- Statement/declaration sworn before a Magistrate/Notary stating you have effectively taken an oath forsaking your Indian citizenship.
Who is Eligible to Renounce their Indian Citizenship?
Any Indian citizen who wishes to renounce their Indian citizenship must be of full age and capacity, and must not hold any other foreign nationality or citizenship. Individuals who are currently over 18 years of age and have been Indian citizens since birth may be eligible. Additionally, any individual born outside India after 26th January 1950 but before 10th December 1992 is also eligible provided that he or she has obtained Indian citizenship through registration under the Citizenship Act, of 1955. In addition to this, individuals who are citizens of descent through their parent(s) or grandparent(s) may also be eligible for renunciation.
Furthermore, any person who is registered as an Overseas Citizen of India (OCI) is not eligible for renunciation; such persons are required to surrender their OCI cards before returning to India. The relevant files must then be produced in support of the request for relinquishing OCI status before the application can proceed.
What Documents Prove Indian Citizenship Renunciation?
Once the renunciation of Indian citizenship has been completed, it is important to produce documents as proof of this renunciation. Depending on the individual circumstances of the applicant, different documents may be necessary. Generally, most applicants will need to provide:
- A copy of the Renunciation of Indian Citizenship form signed by either a consulate official or the Indian Government.
- Documents necessary to prove identity and Indian citizenship, including a valid passport and other identity documents such as birth certificate, parents’ passports, or marriage certificate.
- A document showing that the applicant has abandoned their Indian home if applicable (e.g., property deed, visa/employment permission for another country).
- For applicants who still reside in India, proof that they have not re-applied for an Indian passport after renouncing their citizenship (e.g., a police clearance certificate).
- A copy of the registration of renunciation from the Registrar of Indian Citizenships or the Indian Ministry of Home Affairs.
Any other documents are necessary to prove residence in a foreign country (e.g., foreign driver’s license and residence permit).
The Process of Renouncing Indian Citizenship
Renouncing your Indian citizenship requires gathering a few important documents that certify you are an Indian national. These include birth certificates, marriage certificates, and any other documents issued by the Indian government attesting to your citizenship. You will also need to provide a copy of your current passport or any other travel documents that show you are a citizen of another country.
Once you have all these documents in hand, it is time to complete the renunciation process. To do this, you will need to visit the nearest Indian embassy or consulate in your country and fill out the official renunciation form. There is usually an associated fee for processing the form and obtaining a copy of the renunciation certificate from the Indian government. Once you have completed these steps, keep copies of all documents and forms for your records as proof of renunciation.
Indian Law on Renouncing Citizenship
Under Indian law, those who wish to renounce their citizenship must apply to Indian Diplomatic Missions and Posts overseas. To complete the process, applicants must gather the necessary evidence that indicates they are a citizen of another country or intend to become one. This evidence includes:
- Certificate of Naturalization for another citizenship.
- A statement showing renunciation of Indian Citizenship.
- An affidavit from the foreign government stating details about the applicant’s intention to renounce their citizenship.
- A valid visa from this foreign government.
Once all the above documents have been submitted and accepted by the Indian Diplomatic Missions and Posts, applicants must pay a fee to complete their renunciation application. Upon receipt of the payment, the Indian Diplomatic Missions and Posts will provide a Renunciation Certificate indicating that an individual has successfully renounced their Indian citizenship.
Advantages and Disadvantages of Renouncing Indian Citizenship
Deciding to renounce your Indian citizenship is a major decision, one not to be taken lightly. Even after going through the process of obtaining Form 6 from the Indian Embassy and submitting your application, there are still several factors to consider before taking the plunge.
Renouncing your Indian citizenship does come with several potential benefits, such as:
- Opportunity to gain new citizenship in an alternate country
- Access to better job prospects in other countries
- Lower taxes in some countries
It’s important to weigh the disadvantages of renunciation as well. These include
- Loss of access to educational opportunities and healthcare subsidies in India
- Difficulty getting visas or government jobs in India
- Potential immigration issues if you decide to return later on
As such, it’s important to consider all factors carefully before deciding whether or not you should renounce your Indian citizenship. It may be a worthwhile investment for those looking for better job prospects or lower taxes abroad, but it comes with a hefty price tag nonetheless.
How to make a Legal Declaration of Indian Citizenship Renunciation?
Renouncing your Indian citizenship is an important step towards becoming a citizen of another country. It is also a legal requirement for many countries, so it is essential to have the correct documentation in place to demonstrate that you have legally and formally renounced your Indian citizenship. Making a formal declaration of Indian citizenship renunciation will require the following:
- Notarized copies of passports and ID
- You must provide notarized copies of both your current passport and any previous passports you have held. You must also provide government-issued proof of identity, such as a birth certificate or national identity card.
- A formal statement of renunciation
You must prepare a statement declaring your intention to formally renounce your Indian citizenship, which must include the following details:
- Your name
- Date and place of birth
- Any prior nationalities or citizenships that you may have held
- A statement that you are no longer a citizen or national of India
This declaration should be signed in front of a notary public, government official, or other authorized witness. The statement should also be accompanied by their signature and seal as well as their contact details.
Proof of permanent residence abroad
You will need to provide proof that you are now permanently residing outside India, such as;
- Evidence that you now hold another nationality
- Residency permit from the country where you are living
Following these steps will ensure that your intention to legally and formally renounce your Indian citizenship is legally recognized and accepted by authorities in other countries.
Completion of Procedural Requirements for Proof of Indian Citizenship Renunciation
Once all the necessary paperwork has been submitted, there is one final step in the process of renouncing Indian citizenship: obtaining proof. This proof will be issued in the form of a certificate which must be produced if required. Obtaining the certificate requires several procedural steps to ensure everything is up-to-date:
- An application must be made to the nearest Indian diplomatic mission, along with all necessary documents
- After receipt of the application and documents, a decision will be taken within two weeks
- Within four to six weeks of approval of the application, a certificate of renunciation will be issued
- The certificate must then be sent to the appropriate home country’s embassy or consulate
Once all these steps are complete and accepted, proof of Indian citizenship renunciation will have been obtained and you can pursue your new identity with confidence.
How to Retain Residence Status in India Following Citizenship Renunciation?
Renunciation of Indian Citizenship does not necessarily mean you have to stop living in India. Even people who have renounced their citizenship can continue to live and work in the country – but only with the correct residence status. For those who want to know the Proof of Indian Citizenship Renunciation as well as how to retain residence status in India following their renunciation, here are the steps they should take:
- Notifying the Local Government– The first step is to file a Form-XII with the local police station or other government authorities, such as the District Magistrate and State Administrators. This is a notification that you are no longer a citizen of India and must be done within two weeks of renouncing your citizenship.
- Obtaining a Residence Permit- Once Form-XII has been filed, applicants must apply for a residence permit from the Ministry of Home Affairs. This will entitle them to all the rights and privileges non-citizens have while living in India, including access to jobs, educational institutions, and other benefits. The permit is typically valid for between five and 10 years depending on the state one resides in.
Though it may appear tedious, this process is essential for those hoping to stay in India after renouncing their citizenship – without it, they may be subject to deportation or other legal proceedings.
Renouncing your Indian citizenship is a big step and should not be taken lightly. However, if you are sure this is the route you want to take, there are a few key elements to remember to ensure it is done correctly and without missing any important steps.
- You will need to understand the process
- Make sure you have all of the required documents that must be submitted along with your application for renunciation of Indian citizenship.
- Check which country your birth certificate is registered in and make sure that a ‘no objection’ certificate (NOC) from the Ministry of External Affairs has been obtained.
Once you have gathered all these documents, it’s time to apply along with your fee and any other essential paperwork. Then, all that’s left is waiting for the Certificate of Renunciation before you can officially consider yourself no longer an Indian citizen.