In a significant development that may ease the path for Goans holding Portuguese passports, the Ministry of External Affairs (MEA) has reportedly instructed passport authorities across India to issue a “revocation order” in place of the traditional surrender certificate—a key requirement for applying for the Overseas Citizen of India (OCI) card.
Key Highlights on the Passport and OCI Card Issue
- After a November 2022 memorandum by the Ministry of External Affairs, the authorities started revoking the Indian passports of individuals from Goa who had acquired Portuguese citizenship, for “suppressing material information” about acquiring foreign nationality.
- According to Portuguese law, Portugal offers those born in Goa before December 19, 1961 – the day Goa was liberated from Portuguese rule – and two future generations the option of registering as Portuguese citizens.
- Since a Portuguese passport provides the holder visa-free entry to several countries, including the UK and the EU
- According to Portuguese law, Portugal recognises people who have voluntarily applied to register their birth in Portugal as having acquired Portuguese citizenship and the ‘Assento de Nascimento’ (registration of birth) is considered the first step towards acquiring Portuguese nationality and part of ‘integration’.
The 2022 MEA Memorandum on Passport Surrender
- The memorandum is in connection to the “surrender of Indian passport on account of acquisition of foreign nationality by an erstwhile Indian citizen”.
- It essentially divides the cases of issuing passport surrender certificates into various categories.
- One such category has led to the revocation of passports of some Goans under section 10 (3) (b) of the Passport Act of 1967.
- It states: “A person who gets Indian passports issued/reissued by suppressing material information about his/her having obtained foreign nationality irrespective of the fact that the passport holder has used it for travel or not.”
The Core Issue: Passport Surrender vs Revocation
- One of the petitioners transcribed his birth in Lisbon in January 2022 and obtained the Portuguese Citizenship card in November 2023.
- He was holding an Indian passport issued in 2010, which expired in 2020.
- When he sought to obtain a Portuguese passport from the Portuguese consulate at Goa, he was informed by the consulate that he is a person of Indian origin and hence needs to produce a copy of a valid Indian passport to be issued a Portuguese passport to him.
- The petitioner claimed that he renewed his Indian passport “for this sole reason” and he was issued an Indian passport in May 2023.
- The petitioner subsequently obtained his Portuguese passport from the Portuguese Consulate in October 2023.
- A month later, when he sought to surrender his Indian passport and applied for a surrender certificate so he could get an OCI, he received a letter from the passport office, which said that he acquired an Indian passport after acquiring Portuguese citizenship in January 2022.
- Without the surrender certificate, the petitioner now cannot apply for an OCI card and has moved the court for relief.
- Since India does not allow dual citizenship. Therefore, Goans acquiring official Portuguese passports must relinquish their Indian citizenship
OCI Card: An Overview for Portuguese Passport Holders
- The concept of OCI was introduced in response to demands for dual citizenship by the Indian diaspora, particularly in developed countries.
- According to Section 7A of the OCI card rules, an applicant is not eligible for the OCI card if he, his parents, or grandparents have ever been a citizen of Pakistan or Bangladesh.
- The Government of India via the Citizenship (Amendment) Act, 2015, merged the Person of Indian Origin (PIO) category with the OCI category in 2015.
- The OCI Card scheme was launched during the Pravasi Bharatiya Divas in 2005.
- It was introduced as an acknowledgement of the persistent emotional attachment of the Indian diaspora to their country of origin and to acknowledge role of diaspora in nation’s development.
Eligibility for OCI (Pertinent to Passport Holders)
- The Ministry of Home Affairs defines an OCI as a person who:
- was acitizen of India on or after 26th January 1950; or
- was eligible to become a citizen of India on 26thJanuary 1950; or
- is achild or grandchild of such a person, among other eligibility criteria.
Benefits for OCI Card Holders
- Multiple entry, multi-purpose lifelong visa to visit India.
- Exemption from registering with the Foreigners Regional Registration Office (FRRO) regardless of the duration of their stay.
- Parity with Non-Resident Indians (NRIs) in financial, economic, and educational fields
Limitations for OCI Passport Holders
- They do not have the right to vote.
- They cannot purchase agriculture or farmland.
- All activities except research work for which special permission is required from the Indian Mission/Post/ FRRO concerned.
- Holders cannot participate in elections or hold public office, reflecting the government’s stance on maintaining clear boundaries between citizenship and overseas citizenship.
Conclusion
As Indian authorities seek to address complex cases involving dual nationality, especially among Goans holding Portuguese passports, the latest directive from the MEA may offer a resolution. The acceptance of revocation orders instead of surrender certificates could streamline the OCI application process for many, provided they meet the eligibility requirements and comply with passport regulations.
To Download Monthly Current Affairs PDF Click here
Click here to get a free demo
Discover all about CLAT Exam
