India to bring bill to prevent NRI husbands from abandoning their wives

India to bring bill to prevent NRI husbands from abandoning their wives

The government would bring a bill in the coming winter session of the Parliament as part of its efforts to check the menace of NRI husbands abandoning their wives, external affairs minister Sushma Swaraj said on Wednesday.

“We have already launched an institutional mechanism, where you must have seen that 25 passports of such NRI husbands have been revoked. We are also bringing a bill in this session where some more measures are being taken against those husbands,” she told reporters in Hyderabad.

On November 13, the Supreme Court has also sought response from the Centre on a plea seeking mandatory arrest of NRIs deserting their wives and harassing them for dowry.

A bench comprising Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph issued notices to the Centre on the plea seeking that the deserted women be accorded legal, financial help and their estranged NRI husbands be arrested after the filing of FIRs.

A group women, who have allegedly been deserted by their NRI husbands and subjected to dowry harassment, have moved the apex court seeking reliefs including mandatory arrest of their estranged spouses and consular help in fighting cases in foreign land

 

Via hindustantimes.com

NRIs continue to be exempt for AADHAR CARD – Supreme Court of India

NRIs continue to be exempt for AADHAR CARD – Supreme Court of India

Supreme court of India finally rules on Aadhaar Card issues . . . [September 25, 2018]

Supreme Court Aadhaar verdict:

  1. Private companies cannot ask for Aadhaar card. [Section 57 of the Aadhaar Act which allowed sharing of data with private entities has been struck down]
  2. Aadhaar card is not mandatory for the opening of a bank account. Hence bank accounts can be opened without Aadhaar card. Not mandatory to link Aadhaar to bank accounts.
  3. Aadhaar mandatory for the filing of income tax returns. [NRIs are already exempted from this requirement as NRIs are not eligible for Aadhaar]
  4. No compulsion to link Aadhaar card to mobile phones. No mobile company can demand Aadhaar card. No requirement to provide Aadhaar to get new mobile SIM Card.
  5. Aadhaar not compulsory for school admissions. Even CBSE, NEET, UGC cannot make Aadhaar mandatory. No child should be denied the benefits of any scheme for not being able to produce an Aadhaar number.
  6.  Biometric data shall not be shared with any agency without the permission of the court.
  7.  Aadhaar authentication data cannot be stored for more than six months.

Services that will continue to require Aadhaar linking:

  • Mandatory to link PAN with Aadhaar. Aadhaar is compulsory for filing Income Tax returns for those who are eligible to apply for Aadhaar. PIOs,
  • NRIs continue to be exempt as Aadhaar is only for residents and non-residents are not eligible to apply for Aadhaar.
  • Aadhaar is compulsory for availing facilities of welfare schemes and government subsidies

 

 

Penalties – Surrender of Old Indian Passports

Penalties – Surrender of Old Indian Passports

Indian citizenship must now be formally renounced as soon as possible after acquiring foreign citizenship. This is now the law. Those who do not do so can be denied consular service at Indian consulates. For example, if you apply for a visa to visit India, the consulate may ask to see proof of your passport surrender, a renunciation or surrender certificate. The cost of getting a passport surrender certificate is currently US$175/-.

Those who acquired foreign citizenship on or before 31 May 2010 and have “Canceled” stamp on their Indian passport, then there is currently no requirement of acquiring “Surrender Certificate”. However, those who do not have a cancelled stamp on the Indian passport, then you need to get the “Surrender Certificate” and in such cases, the fee is US$ 20. Former Indian citizens, who acquired foreign citizenship before 31st May 2010, fall into one of the following categories:

1. Their passport was cancelled by the Indian consulate and they already have a cancelled stamp on their last Indian passport.

2. They acquired foreign citizenship before 31st May 2010 and do not have a cancelled stamp on their last Indian passport.

3. They acquired foreign citizenship more than 10 years ago and lost their Indian passport.

While only the Indian consulate officials can answer specific queries on this topic. Here is what currently appears to be applicable:

  • As it currently stands, just about all former Indian citizens who acquire foreign citizenship are required to get a surrender certificate. A copy of this certificate will be required by the Indian consulates when seeking consular services from Indian missions abroad. No visa, PIO or OCI applications will be accepted for processing unless a surrender certificate is provided.
  • Those who acquired foreign citizenship on or after 1 June 2010 are required to obtain a surrender certificate from the Indian consulate that is applicable to their jurisdiction. The current fee is US$ 175.
  • If the last Indian passport you held, before acquiring foreign citizenship, has been cancelled by an Indian consulate and you acquired foreign citizenship on or before May 31, 2010. You can get a Surrender Certificate for a reduced fee of just US$ 20. A copy of the last held Indian passport must be provided.
  • In case you became a foreign citizen before 2001 and have lost the last Indian passport you held, you can obtain a deemed surrender certificate. However, documentary evidence is still required showing details of when you acquired foreign citizenship and also details of the last Indian passport held. 
    • Where details of last held Indian passport are not available, applicants are required to seek such details from the governments of their current nationality. Records of application for foreign citizenship may show details of the last passport held.

Passport Surrender Penalties

Passport fees & penalties shown here for general knowledge only and can be changed at any time at the discretion of Government of India. Kindly confirm with Indian consulates in your area.

  • If your last Indian passport expired before January 1, 2005, there are no penalties.
  • If your last Indian passport expired after January 1, 2005, and has a cancelled stamp then there are no penalties.
  • In case your passport does not have a cancelled stamp, and more than three years have passed since you acquired foreign citizenship, there is a penalty of US$250.
  • In case your Indian passport was used for travel to India three months after you acquired foreign citizenship, then there is a penalty of US$250 for each time it was used. The maximum penalty in such cases is US$ 1250.
  • Those who are not in the United States will probably pay the equivalent amount, in their local currency.
  • Persons of Indian origin who acquired foreign citizenship more than 10 years ago, and have lost the last Indian passport they held, can obtain a deemed surrender certificate.
    • The deemed surrender certificate is considered proof of renunciation of Indian citizenship. The fee is currently US$20. In case services are done by an outsourced company, there may be an additional fee.

What is the difference between Surrender and Renunciation

Surrender certificate or Renunciation certificate! are two words normally associated with the surrender of Indian passports when acquiring foreign citizenship. What is the difference between the two?

Surrender Certificate:

Once you acquire foreign citizenship and renounce your Indian citizenship, the procedure basically involves surrendering your passport for cancellation. Once cancelled the passport is returned to you and a ‘Surrender Certificate’ issued.

Renunciation Certificate:

Those who have misplaced or lost their last Indian passports several years back and hence do not have a passport that they can surrender for cancellation are given a ‘Renunciation Certificate’. Whether you get a surrender or renunciation certificate they both have the same effect.

Via nriinformation.com

Modified rules for acquiring OCI and renouncing Indian citizenship

Modified rules for acquiring OCI and renouncing Indian citizenship

The government of India has published a revised form for the declaration of renunciation by Indian citizens. According to media reports, the revised form obliges the applicant to specify the circumstances the Indian citizens are acquiring foreign citizenship.

According to news agency PTI, the notification says the concerned authorities will examine the exactitude of the declaration of renunciation of citizenship of India before registering it, and then a certificate of renunciation of Indian citizenship will be issued.


Another significant change is in the rules to acquire an Overseas Citizen of India (OCI) card. Now, a foreign-origin spouse of any Indian national will be eligible for a privileged OCI card, according to the news agency PTI.

An OCI is a multipurpose card which grants a life-long visa with multiple entries for visiting India. The Ministry of Home Affairs said in a notification that a foreign-spouse of any Indian-origin would be able to apply for OCI card, provided he or she meet the conditions.

 

SBS News

Who can apply for Indian OCI card?

Who can apply for Indian OCI card?

People of Indian origin overseas who have taken passport of a non-Indian country often have these questions related to OCI (Overseas Citizens of India) card.

Who is eligible to get Indian OCI card ?

  1. Former Indian Citizen who had Indian passport earlier.
  2. His children even if they never had Indian passport.
  3. His grand children even if they never had Indian passport.
  4. his great grand children even if they never had Indian passport.
  5. His wife (Indian or Foreign national).

My son has got new non-Indian passport, can he travel to India on OCI card issued on his old passport?

As per the guidelines given my Government of India, OCI card should be renewed every time a person gets a new non-Indian passport and wishes to travel to Indian on OCI card.
A person can travel to India on normal tourist visa too.

When one should get OCI card renewed ?

For kids – They get their overseas passport renewed every 5 years. They should get OCI card renewed every time they get a new passport.
For Adults– They should get OCI card renewed every time they get a new passport and after reaching age of 50 years.
For any query please feel free to contact us.