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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 276
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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My wife became a British citizen and received her

Resolved Question:

My wife became a British citizen and received her naturalization on 17th December 2015. She is from India and holds an Indian passport. I have been informed the Indian authorities will not allow dual nationality. The problem is we are traveling to India on 17th February 2016 and i have phoned the Indian Home office and have asked me surrender the Indian passport. We went to the home office but they said you need to hold a British passport in order to surrender your Indian passport. So application was rejected.
It is too late to get my British passport, can my wife travel to India with Indian passport without being stopped from the border control at New Delhi airport?
Submitted: 12 months ago.
Category: Immigration Law
Customer: replied 12 months ago.
*too late to get her
Expert:  Frantz I replied 12 months ago.
Hello
Thank you for your enquiry. Please don't forget to click rate before you leave.
The Indian rule on dual nationality and their procedure are not very clear and straightforward. From my experience, the staff at the High Commission in the UK tend to give conflicting advice to what is practised on entry in India. A suggestion is that whatever advice you receive at the High Commission in the UK, ensure that it is in writing and take the name of who you speak to.
British Indians get what is called Overseas Citizen of India. If your wife has to travel ensure that she goes with important documents like her Biometrics card which shows she has ILR in the UK or her passport which contains her ILR vignette. There is no guarantee she wouldn't be stopped and questioned.
I understand the process as this once your wife has received her British passport, she will need to surrender her Indian passport and wait for a surrender certificate and then apply for Overseas Citizen of India status. I also understand that there should be a buffer period between getting a British passport and having an Indian passport, which may allow your wife to travel on her Indian passport being a British citizen but she will need keep important documents in hand as the Indian immigration staff may get confused. Please note that your naturalisation certificate is a very important document and should be kept secure at all times.
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This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 12 months ago.
Ok I just need to know a certain answer YES she can travel to India on 17th Feb 2016, and if so what documents she will need in hand to give to the border control? For example, ILR, naturalisation certificate etc
Expert:  Frantz I replied 12 months ago.
Hello
That would be classed as advice and we cannot give advice on here for obvious reasons. If you want advice you should contact the OISC for advisers in your area who would be able to assist you.
http://home.oisc.gov.uk/register_of_regulated_immigration_advisers/register.aspx
I wish you all the best.
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 276
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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