manny1980

Hello All:

Thanks to all, especially Bipat and Indianfriend, for providing information to me earlier in the forum when I asked regarding applying for an OCI card..I still have not done so but intend to soon!

Now, I have read many locations to obtain an affidavit prior to applying for surrender certificate in case one is not in possession of their expired Indian passport. But, while going through the following website (London High Commission), I read about what's known as "Deemed Surrender Certificate", where the website states as follows:
"PIOs, who acquired foreign nationality on or before 1.06.2010 but do not produce Indian passport, will not be issued Surrender Certificate; However, PIOs who acquired foreign citizenship more than ten years ago and their Indian passport also expired more than ten years ago, could be issued ‘Deemed Surrender Certificate’** if they furnish copy of Indian passport, or a letter from the Government of applicants present nationality mentioning the Indian passport detail at the time of acquisition of foreign nationality and also furnish proof of acquiring foreign citizenship more than ten years ago."

Moreover, they state later "‘Deemed Surrender Certificates’ could be issued to PIOs, who are not in possession of Indian passport, if they had acquired foreign nationality more than ten years ago (from the year 2011) and their Indian passports also expired more than ten years ago (from the year 2011). ‘Deemed Surrender Certificate’ may be issued in such cases provided the PIO can furnish a copy of the Indian passport or a copy of a letter from British Home Office mentioning details of the Indian Passport held earlier by the PIO and also furnishes conclusive evidence of having acquired foreign nationality more than ten years ago (from the year 2011)."

No where it states for someone who became a foreign citizen over 10 years ago (from 2011) and had their Indian passport expired over 10 years ago (again from 2011) is required to obtain an affidavit and provide information on why they cannot produce their Indian passport.

So does anyone knows about this or experienced on what the Indian council requires people in such situations?

Thanks!

Bipat

Haven't heard about this "Deemed Surrender Certificate" will look into it.
But note, it requires a "Copy of the Indian Passport or letter from the British Home office."
2 points: if you have a copy of the Indian passport there has never been a problem; the British Home Office does not keep records of Indian passport details (we went down this route and were referred to the Indian office to which passports were sent after surrender, they have never answered letters.)

The affidavit is needed if you have no evidence ie copy of your previous Indian passport.

OH who has no copy of Indian passport is at present applying for a new PAN card and an OCI card in order to enable opening a particular bank account easier. He has provided an affidavit from UK re passport and the affidavit re origins from India. We are using a specialist lawyer and she has given only a 50/50 chance of getting OCI.
The naturalisation certificate is not considered enough even when his UK passport states born in Karwar (only one Karwar in the world!!!!)

manny1980

Thanks Bipat for your response! I am not surprised with you response to not being aware of this Deemed Surrender Certificate as this was possibly introduced from 2011 onwards, hence fairly new rule. Do look into this as this rule appears to be very reasonable and sensible for many in unique scenarios who are unable to produce their original Indian passport.

Fortunately, and thanks to my late-father, I do indeed have a copy of my Indian passport. So I will be sending that together with copies of British passport and nationalization certificate.

Thanks however for informing regarding affidavit which means I didn't necessarily need to have obtained one as I knew I had a copy of my old Indian passport just that I didn't have the original in hand.

Bipat

Just been informed by lawyer that OCI card approved.

CinCanada

I surrendered my Indian passport in 1997 in the UK. Last year, I obtained this "deemed surrendered" certificate by producing a copy of my last Indian passport at the VFS offices in Toronto. I also took with me, printouts from the website of the High Commission in the UK showing the criteria for this certificate, as well as my naturalization certificate and the UK passport with which I had made my landing in Canada. The VFS office here claimed no knowledge of the "deemed surrendered" certificate was initially reluctant to give me the certificate, but after seeing the documentation from the UK high commission's website, they had no option but to provide me with one.