The moment an Indian citizen acquires citizenship of another country, it becomes mandatory for them to formally surrender their Indian passport, as Indian Law does not permit holding an Indian passport along with the passport of any other country. For NRIs and people of Indian origin residing in the USA, the surrender process of an Indian passport is often skipped by many, as the consequences of not abiding by the said law, are not understood. Many individuals believe that by merely acquiring foreign citizenship, the Indian passport stands cancelled automatically and no additional steps are required to be taken with respect to the cancellation or surrender.
Therefore, whether someone has obtained US citizenship, or they are applying for an OCI (Overseas Citizen of India), surrendering an Indian passport is a mandatory requirement, and is not optional.
This guide explains the meaning and process of surrendering an Indian passport from the USA, the documentary requirements, and how this is an important requirement for the OCI application.
What Does Surrendering an Indian Passport Mean?
Indian passport surrendering is the formal process of returning/surrendering the Indian passport to the Indian government along with the declaration that the said individual does not hold Indian citizenship any longer. The concept of surrendering an Indian Passport is misunderstood and many people think it is an optional requirement. Individuals confuse it with the fact that as Indian citizenship automatically ceases to exist, the moment an Indian citizen acquires the citizenship of another country, hence the passport also ceases or stands cancelled automatically. This however, is not correct. Section 9 (1) of The Citizenship Act 1955 reads as below-
“Termination of citizenship.-(1) Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India”
The said section defines the automatic cessation of Indian Citizenship and not of the Indian passport. Once foreign citizenship is acquired, the Indian passport still remains with the individual which must be officially surrendered as a matter of record.
Once the Passport is formally surrendered, a “cancelled” stamp is affixed on the individual’s Indian passport and a “Surrender Certificate” is issued by the authority, which acts as a conclusive proof of surrender.
Surrender of Indian passport is often confused with Revocation of Passport. Surrender of Indian Passport refers to a voluntary surrender of Indian Passport by the passport holder, upon acquisition of foreign citizenship. Revocation on the other hand is a coercive step and refers to the official cancellation or annulment of a passport by the appropriate authorities or the Central Government, that makes the passport unusable for travel. A revocation is generally attracted by act of fraud, criminal conviction, economic offences etc. against the holder.
Who Needs to Surrender Their Indian Passport?
For someone residing in the USA, the Indian Passport must be surrendered in the following circumstances-
• Individuals who have acquired US citizenship through naturalization.
• Individuals who have acquired citizenship of any other country while holding an Indian passport.
• Individuals applying for an OCI (Overseas Citizen of India) card, where surrender is a prerequisite step.
Do You Need to Surrender Your Indian Passport for OCI?
Yes, an individual applying for an OCI must surrender their Indian passport. Some Indian Consulates in the USA accept the OCI application and the passport surrender application simultaneously also, however, some require the surrender to be completed and the surrender certificate to be obtained before-hand, as a pre-requisite. Because the exact sequencing as to do you need to surrender Indian passport for OCI depends on which Consulate has jurisdiction over your place of residence, it is worth confirming the current local procedure rather than assuming a uniform national process.
The surrender certificate generally becomes a documentary pre-requisite for the OCI application, since OCI is granted only those persons who have ceased to be an Indian citizen upon acquisition of foreign citizenship.
Documents Required to Surrender Indian Passport
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General documentary requirements to process a surrender application from the USA are as below-
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Original Indian passport.
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Proof of acquisition of foreign citizenship.
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Copy of the new foreign passport.
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Duly filled Indian surrender passport form.
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Recent passport-size photographs.
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Proof of current address in the USA.
Indian Passport Surrender Form What It Covers
The passport surrender application form generally requires the following details:
• Details of the applicant in accordance with the Indian passport.
• Details of acquisition of foreign citizenship.
• A formal declaration surrendering Indian citizenship and the passport.
• Signature of the applicant.
Step-by-Step Process to Surrender Indian Passport from the USA
Under the Indian Citizenship Act, 1955, Indian citizens are NOT allowed to hold dual Citizenship. If a person had ever held Indian nationality (and Passport) and subsequently voluntarily obtained nationality/Passport of another country, he/she ceases to be an Indian national and is required to surrender his/her Indian Passport. Applications for Surrender of Indian Passports from USA are to submitted generally through VFS Global.
Step 1: Complete the Government of India online Application for surrender of Indian Passport
Gather the surrender application, proof of foreign citizenship, and photographs. Applicants preparing documents from the USA should confirm notarization and attestation requirements in advance, since requirements can vary slightly by jurisdiction and by Consulate.
Step 2: Book an appointment and pay the Service Fee online
Once the application is prepared, an appointment must be booked by making a payment of the service fee through online mode.
Step 3: Visit the Indian Consular Application Centre
On the date and time of the appointment, the applicant must visit the ICAC that is serving the jurisdiction to submit the application. The authority then verifies the citizenship documents submitted and cross-checks them against the existing passport record before the surrender is processed.
Step 4: Receipt of the Surrender Certificate
Once verification is complete, and the application is approved, a surrender certificate is issued, confirming that the Indian passport has been surrendered. This certificate is subsequently used to support OCI applications and any other legal processes in India.
Can You Travel Without Surrendering Your Indian Passport?
Once foreign citizenship has been acquired, it is illegal under the Passports Act 1967 to use an un-surrendered Indian Passport for the purposes of travelling and may attract penal provisions. A question that comes up often is can I travel without surrendering Indian passport, and the practical answer is that applicants should complete the surrender process, and where applicable obtain an OCI card, before relying on the foreign passport for travel to India. Traveling on an Indian passport that should have been surrendered can create complications at immigration checkpoints and during future visa or OCI processing.
How Malik Law Offices India Can Help
Coordinating passport surrender documentation, proof of foreign citizenship, and Power of Attorney drafting across two countries can be confusing to manage without guidance, particularly when it is tied to a time-sensitive OCI application or a property matter in India.
Request a Consultation with our team to have your passport surrendered and related paperwork handled correctly and efficiently.
