Getting back to Canada after travelling to India on an Indian passport

[vic2015]

Hello,

I received a Canadian passport on December 8th, 2023. I was not able to surrender my Indian passport at that time because I had a family emergency and ended up traveling to India on January 6th, 2023.

I now need to get back to Canada. Will I be able to do on my Canadian passport? If not, what should I do? I'm at a loss. Any response is appreciated!

 

[eparker42]

@vic2015 So are you saying that you used your Indian passport to travel/enter india on Jan 6,2023 in-spite of having a Canadian one ?
If yes, then I believe there are consequences for doing that.
You can use the Indian passport to travel to and fro in the first 3 months after acquiring foreign citizenship.
You can always come back to Canada but whenever you go to surrender your Indian passport there could a penalty
This is just my understanding of the whole process from the different documents online
https://audit.cgivancouver.gov.in/pdf/FAQs-on-Surrender-and-renunciation-1.pdf

https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005#:~:text=6.,acquisition of a foreign passport.

 

[vic2015]

Hi @eparker42 , Yes, I had to use it because I didn't have time to apply for an OCI card or e-VISA, because it was Christmas time and I didn't know if I would get my passport in time. I had to travel because of a family emergency. I understand that there are consequences but it was a family emergency and I'm willing to pay any fine at the time of surrendering my passport in Canada. And I want to apply for OCI Card afterwards.

Would you happen to know, if I would be prevented from boarding a flight to Canada or a connecting flight to Canada because I travelled on an Indian passport in the first 3 months of acquiring Canadian citizenship?

Thanks.

 

[yyzstudent]

Would you happen to know, if I would be prevented from boarding a flight to Canada or a connecting flight to Canada because I travelled on an Indian passport in the first 3 months of acquiring Canadian citizenship?

Thanks.

You’re a Canadian citizen. You have a Canadian passport. Why would an airline stop you from travelling home to Canada on a Canadian passport?

 

[vic2015]

You’re a Canadian citizen. You have a Canadian passport. Why would an airline stop you from travelling home to Canada on a Canadian passport?

I'm imagining that it would be because it has been over 3 months for the grace period that's given to surrender your Indian passport. The offence has been committed against India and not Canada. But I don't know if that's the case. Has anyone here been in a similar situation?

 

[darkhorsetoo]

You may go to Nepal and travel back from there to Canada.

 

[eparker42]

Hi @eparker42 , Yes, I had to use it because I didn't have time to apply for an OCI card or e-VISA, because it was Christmas time and I didn't know if I would get my passport in time. I had to travel because of a family emergency. I understand that there are consequences but it was a family emergency and I'm willing to pay any fine at the time of surrendering my passport in Canada. And I want to apply for OCI Card afterwards.

Would you happen to know, if I would be prevented from boarding a flight to Canada or a connecting flight to Canada because I travelled on an Indian passport in the first 3 months of acquiring Canadian citizenship?

Thanks.

Totally understand your emergency situation and not being able to apply for OCI OR tourist eVisa. But yeah it shouldn't prevent airlines from stopping you from boarding using Canadian passport, and yes just inform the immigration officers at India about your situation and also that you are aware of the penalty etc. I think it should be alright.

Short answer to this:
"I now need to get back to Canada. Will I be able to do on my Canadian passport?" - Yes you can

 

[747-captain]

I'm imagining that it would be because it has been over 3 months for the grace period that's given to surrender your Indian passport. The offence has been committed against India and not Canada. But I don't know if that's the case. Has anyone here been in a similar situation?

You have 3 YEARS, not 3 months to formally surrender your Indian passport. That is totally different from the 3-month grace period for traveling on the Indian passport.

However, I don't think it was legal for you to travel on the Indian passport. If I recall correctly, I read somewhere on an Indian government website, that you can only travel on the Indian passport for 3 months (grace period) if you have not obtained a passport of another country.

Since you had already obtained a Canadian passport, I believe India would consider it an offense, if they notice that when you apply for your OCI and surrender your Indian passport. I'm not sure what the consequences would be.

But to answer your original question, I don't know why there should be any issue with traveling on your Canadian passport back to Canada, as others on here have said.

Canada could care less, about your dealings with India. Canada has NOTHING TO DO WITH IT.

 

[747-captain]

You have 3 YEARS, not 3 months to formally surrender your Indian passport. That is totally different from the 3-month grace period for traveling on the Indian passport.

However, I don't think it was legal for you to travel on the Indian passport. If I recall correctly, I read somewhere on an Indian government website, that you can only travel on the Indian passport for 3 months (grace period) if you have not obtained a passport of another country.

Since you had already obtained a Canadian passport, I believe India would consider it an offense, if they notice that when you apply for your OCI and surrender your Indian passport. I'm not sure what the consequences would be.

But to answer your original question, I don't know why there should be any issue with traveling on your Canadian passport back to Canada, as others on here have said.

Canada could care less, about your dealings with India. Canada has NOTHING TO DO WITH IT.

I'm going to correct myself here! I forgot that India has EXIT CONTROLS, when leaving India (you have to pass through immigration even when exiting the country, unlike the United States and Canada).

So if you did not enter India on your Canadian passport, there could possibly be issues with Indian immigration. Don't know for sure. You might have to explain to them, and given the attitude of those officials I don't know how they would react.

But that's an issue with Indian immigration. You would not have any issues with the airline letting you board.

I know hindsight is 20/20. But the correct way to do this, would have been to travel to India on your Indian passport and THEN apply for the Canadian passport at the embassy in India with your citizenship certificate! If you had done that you would have had zero issues! But now they will see the date your Canadian passport was issued.

 

[alpharomeo22]

Go to Nepal and problem fixed.

 

[747-captain]

Go to Nepal and problem fixed.

Yeah, I think something like that might be his only option. Indian citizens do not need a visa to go to Nepal. He can LEAVE India on his INDIAN passport.

Go to Nepal, and then leave Nepal for Canada on his CANADIAN passport. I don't know if Nepal has EXIT CONTROLS, but even if they do, I don't think Nepal would care on which passport he entered and which passport he's leaving on!

It would also work if he could find another country (like Hong Kong maybe??) where Indians and Canadians don't need a visa. He could leave India on the INDIAN passport, go to the other country, ENTER that country on the CANADIAN passport and leave for Canada from there on a CANADIAN passport as well!

 

[harrysummer]

I am not familiar of the Indian case. But, my friend, there are plenty of Chinese citizens holding Canadian citizenship in the meantime even though China won't allow it.

Similar to India, China also has exit control. And they won't let you pass if you enter on Chinese passport and exit on the Canadian one. But there are workarounds when exiting the country. I guess the solution to India is in the same essence.

The most popular one is to find a third country that you can travel to on the Chinese passport, entering that country on the Chinese passport and exiting on the Canadian passport. This third country can either be a visa-free country with China, or a country that you applied a visa on your Chinese passport.

Another less popular solution is trickier. You can show the Chinese passport to border control for exiting the country while checking in the flight with the airline using the Canadian passport. The border control may ask where you are heading so you can buy another refundable flight ticket to a visa-free country just for showing to the border control.

 

[vic2015]

I'm going to correct myself here! I forgot that India has EXIT CONTROLS, when leaving India (you have to pass through immigration even when exiting the country, unlike the United States and Canada).

So if you did not enter India on your Canadian passport, there could possibly be issues with Indian immigration. Don't know for sure. You might have to explain to them, and given the attitude of those officials I don't know how they would react.

But that's an issue with Indian immigration. You would not have any issues with the airline letting you board.

I know hindsight is 20/20. But the correct way to do this, would have been to travel to India on your Indian passport and THEN apply for the Canadian passport at the embassy in India with your citizenship certificate! If you had done that you would have had zero issues! But now they will see the date your Canadian passport was issued.

Am I going to get fined if I try to use my Canadian passport to exit India?

 

[karthik2479]

Am I going to get fined if I try to use my Canadian passport to exit India?

You May get fined Rs. 10000 for having used your passport once for travel. But I think if it’s within the grace period of 3 months it should be ok. While it says no penalty for travel after acquiring citizenship - it won’t be possible to enter Canada or at least board the flight by just showing citizenship certificate to the airline staff as your PR card is already cut. So in my opinion you are overthinking - just show the Canadian passport for exit immigration -come back and apply for surrender and OCI - worst case they will fine you 10k or maybe nothing at all if you have done it within 3 months - while they use the term foreign citizenship for the 3 month grace period they might just consider the foreign passport as well. (As in use the term interchangeably)

 

[karthik2479]

Just to add you will spend more than 10k to travel to Nepal and back or via a third country. And for all you know your exit will also be recorded in the immigration system for sure. And then while you think you have manipulated the system by doing this, they might still get the travel record when you apply for surrender and still impose the penalty fine - maybe 20k since you travelled twice!