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-   -   Deemed surrender (https://britishexpats.com/forum/india-169/deemed-surrender-904938/)

pan_oci_app Oct 23rd 2017 10:05 am

Deemed surrender
 
Has anyone managed to successully obtain a deemed surrender certificate for a person naturalised many years ago (1970s). We don't have the cancelled Indian passport as the home office returned it to the India High Commission.

We are going round in circles as VFS and India High Commission keep stating that it's impossible to apply for a deemed surrender certifcate without providing all passport details!

If it's this difficult to get a surrender certificate, I don't know how we will ever get an OCI card and PAN number application. I think I need professional help :(

Bipat Oct 23rd 2017 12:25 pm

Re: Deemed surrender
 

Originally Posted by pan_oci_app (Post 12366701)
Has anyone managed to successully obtain a deemed surrender certificate for a person naturalised many years ago (1970s). We don't have the cancelled Indian passport as the home office returned it to the India High Commission.

We are going round in circles as VFS and India High Commission keep stating that it's impossible to apply for a deemed surrender certifcate without providing all passport details!

If it's this difficult to get a surrender certificate, I don't know how we will ever get an OCI card and PAN number application. I think I need professional help :(

This is a common problem for those who came to UK in 60s/70s.

You need to get an affidavit signed by a notary public. You could contact a lawyer who specialises in these problems (expensive but they can help).
For OCI you will need evidence of birth in India--if no birth certificate a school leaving certificate with evidence of all schooling, also affidavit from someone who knows your childhood etc. all helps.

pan_oci_app Oct 23rd 2017 1:46 pm

Re: Deemed surrender
 
Thanks for your quick response Bipat!

Can I ask if you speak from personal experience? I would be happy to use a specialist solicitor as I think OCI application will be an issue for us.

I was under the impression that once a surrender certificate is issued, that is evidence enough for OCI as it proves former Indian citizenship. Am I mistaken?

pan_oci_app Oct 23rd 2017 2:04 pm

Re: Deemed surrender
 
Also, is there standard wording we should use for the affidavit?

Bipat Oct 23rd 2017 4:38 pm

Re: Deemed surrender
 

Originally Posted by pan_oci_app (Post 12366838)
Thanks for your quick response Bipat!

Can I ask if you speak from personal experience? I would be happy to use a specialist solicitor as I think OCI application will be an issue for us.

I was under the impression that once a surrender certificate is issued, that is evidence enough for OCI as it proves former Indian citizenship. Am I mistaken?

No, the point is you cannot get a surrender certificate--the affidavit will be an official document that you say that you surrendered your passport. However you still need evidence that you were actually born in India.
If you use a solicitor they will recommend a notary who will know the wording.

pan_oci_app Oct 24th 2017 12:32 pm

Re: Deemed surrender
 

Originally Posted by Bipat (Post 12366954)
No, the point is you cannot get a surrender certificate--the affidavit will be an official document that you say that you surrendered your passport. However you still need evidence that you were actually born in India.
If you use a solicitor they will recommend a notary who will know the wording.

Ah, thanks for explaining that. It looks like we'll definitely need to use a solicitor then.

Many thanks for taking the time to help us.


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