Of Indian / Portuguese Citizenship, Passport etc
Some of the frequently asked questions (FAQs)
1. Merely registering my birth in Portugal makes me a Portuguese citizen?
Ans: I believe so. (As confirmed in recent Caitu's case, see below)
You yourself or through your attorney (agents etc) have
registered your birth there
with a sole intention of acquiring nationality.
Authority there will take the details from the documents
supplied by you such as ‘Birth certificate issued by Registrar of births and deaths’
in Goa.
When you fill up the form,
e.g. Model 1 (see pic), it clearly says ‘Declaração para atribuição da
Nacionalidade = ‘Statement for attribution
of Nationality’ (Machine Translation MT)
Once registered, you can say you have acquired citizenship
by ‘registration’.
This is the first important step without which one cannot
acquire National ID card or Passport.
Registration document or
certificate looks like this
Birth Certificate from Portugal Central Registry
conservatoria dos registos centrais lisboa
Assent lavrado com base em certidao de registo, emitida pelo
Registo de Nascimentos e obitos de Goa, aos 10 de Outubro de 2012
Assent drawn up on the basis of certificate of incorporation
issued by the Registrar of births and deaths of Goa, October 10, 2012 (MT)
Source: Indian Nationality Laws (Wikipedia)
Section 9(1) of the Indian Citizenship Act 1955 says that any citizen of India who by Naturalisation or Registration acquires the citizenship of another country shall cease to be a citizen of India
On 16 February 1962, a Constitution Bench of the Supreme Court of India held in the case of Izhar Ahmad Khan Vs. Union of India that "If it is shown that the person has acquired foreign citizenship either by naturalisation or registration, there can be no doubt that he ceases to be a citizen of India in consequence of such naturalisation or registration."
2. Roz-Marie, I know
I have registered my birth in Portugal. How can I become a Portuguese National
without even having Portuguese ID or Passport?
A. For that matter, in Goa, there will be atleast 5,00,000 people (out of 14,00.000) who never
had Indian Passports, that does not mean they are not Indians. Passport is
optional or it is a travel document. One will only opt for it if he/she intends
to travel abroad for holidays, studies, work, immigration etc
Otherwise you do not need a passport.
3. Our Chief Minister said ‘All born in Portuguese India,
including himself before Dec.1961 are
Portuguese by birth’ – Please comment
A. Well, that’s true but all of them become Indian Nationals
by default (naturalisation or by Descent ) just after liberation around March 1962. They could leave with
them (Portuguese) if they wanted to but they opted to stay behind in Republic of
India, hence they are Indians. Portugal kept
the option open if they still wish to acquire Portuguese Nationality, for
which ‘birth registration’ in Portugal is required.
Q 4. I am An-Rita (50) work in North Goa Collectorate and my
husband Anton-Marie (57) works in Secretariat. Our son gone to Swindon (UK)
after acquiring Portuguese passport.
He wanted to purchase
this cheap deal, an agricultural land but we understand that he, as foreign
national, cannot buy agricultural land,
so he decided to purchase it in our names.
Will that be a problem now?
A. Well, going by your ages, I can assume that your son is
30 or less which also means he was born in 80’s. *He cannot start the process of
registering his birth in Portugal unless his parents (or any one parent ) birth and marriage is
registered there first. Which means you both are registered in Portugal too and
by Q1 above, you both are holding dual citizenship and there is no such thing as 'dual citizenship' in Indian constitution as yet. Which means one can only be a Citizen of this country or or that country but not both. Now, don’t tell this to anyone or else your
jobs could be at risk too (No Foreigners can take Govt. jobs)
* Those
born after 19.12.1961, can apply only after their parents birth and marriage
are registered in "Conservatória dos Registos Centrais de Lisboa."
Q 5. I am Jack-Santan.
In my village, both husband-wife are in Panchayat, one is Sarpanch and the other is a Panch. Their only son recently gone to UK on
Portuguese Passport.
By your Ans. to Q4 above, do they both invite disqualification?
A. Most probably yes, if someone complains about them.
(more
skeleton will tumble out from the cupboard once the ruling of the two MLAs if
gone against them).
Q 6. Rock-Xavier, I
read in Herald Editorial Jan 9, 2013,
that unconfirmed report says 20,000 left Goa in last 4 years after
acquiring Portuguese Passport...You think this figure is right?
A. Well. People started leaving as early as 1970s, it was
easier and quicker then. But from mid
90s onwards it was at alarming rate and in 2000s till now it has reached to its highest
peak.
If 20,000 left in last 4 years which could also mean 50,000
left is last 10-12 years.
By Q4 above, it could also mean upto 1,00,000 in Goa with
dual Nationality and many of them may be working in Govt. depts. too. Persons holding Dual citizenship cannot be employed in Govt jobs.
Then we will also have to take into account the period beyond
last 12 years
Q 7. How will Indian authority know we have acquired
Portuguese passport?
A. They will not know unless you tell them. E.g. Once you get your Foreign Passport you
will surrender your Indian Passport (Rs.5000), you will then register yourself with the FRO (Foreigner Registration Office) at Police
HQ, near Azad Maidan (fees to pay)
They gather info from here and passed on to various dept including ECI, who
in turn, will also delete your name from the voters list, such entries are
denoted by Q (disqualified) on voters list or electoral roll
from 14.6.10 to 29.9.11
There were about 450 deletion on account of Q
Where as upto Dec. 2012, there are about 465 deletions
Siridao about 54, Goa Velha about 110, Agxi 185,
Neura/Mandur about 50
There were about 50 non-Christians such as Naik, Sawant,
Narvekar, Murgaokar, Cuncolekar, Veluskar etc don’t know if they are disqualified
for any other reasons. But I do come across some non-Christian Goans on internet settled in
UK
8. Who can apply or who is eligible for Portuguese Passport?
Those born in Goa (and Daman, Diu..), who
declare their wish to maintain the Portuguese nationality.
- The remaining descendants up to the 3rd. generation of the Portuguese,
referred to above, and who have not declared their wish not to be Portuguese.
A) - Those born, in the erstwhile territories of
"Estado da Índia", i.e. Goa, Daman & Diu, prior to 19.12.1961,
and their births
registered in the Civil Registration Offices of these territories before the
above mentioned dates.
B) - Those born after 19.12.1961, can apply only after their parents (or either of the parents) birth and
marriage are registered in "Conservatória dos Registos Centrais de
Lisboa."
9. What are the Documents required?
See section I, II & III below
1. - Applicant’s ID Document (Indian Passport with matching details with that of birth Certificate).
2. - Police Clearance
Certificate, with your photo on it and attested by the
issuing authority, stating that no cases, criminal / judicial, are pending
against the applicant, and its validity not earlier than six months;
3. Birth, and in
case married, marriage certificates (teor), of the applicant (obtained from the
Civil Registration Offices);
4. - In case of married
applicant, birth "teor" of the spouse;
5. - Residential certificate,
with your photo on it and attested by the issuing
authority, stating the complete residential address of the same (obtained from
the Mamlatdar/Panchayat);
6. - Additional proof of
residence of the applicant, specifically for the period from 01.01.1974 to
31.12.1975 (School/College/Employment/Church certificate);
7. - For those born after
19.12.1961, and whose parents are registered in Conservatória dos Registos
Centrais de Lisboa, to submit "Assento de Nascimento e de Casamento"
of the parent(s), within the validity period.
8. - Death certificate(s) of the
deceased parent(s).
II
The applicant must submit one of
the foll. documents issued by the erstwhile Portuguese authority in Portuguese
India:
1- "Bilhete de Identidade" issued by the "Arquivo de
Identificação do Estado da India";
2- Cédula Pessoal;
3- Portuguese Passport.
4- Documento de Viagem
All original documents
(except the attested Xerox copy of the passport), issued in English or Marathi etc, must be accompanied by a translation of the same, in
Portuguese language;
- All documents and respective translations , except the xerox copy of the
passport must be attested by
Notary, Collector & Under-Secretary (Home Dept)
10. How much does it cost in all and how long does it take?
A. Roughly, all it costs 5,000 + 18,000 + 28,000 + 25,000.
Above
last 25,000 includes 5000 for new PP and 5000 for surrendering old passport.
Whole thing can take 18 to 30 months.
And finally, another about 30,000 for o/w ticket and off you go!
Bon voyage!
Visit back here for updates..
some Consulate pics
Around
312 obtained passport in 2008
As per
the records available with the state office of the Election Commission of
India, as many as 1855 Goans have become Portuguese nationals in the last three
years and more are catching up.
Av 10 new applications for PP received every day (2012)
The number
of Goans who have applied for surrender of Indian passport to the regional
passport office, Goa, for the period 2006 to June 2012 is nearing 9600. It is
revealed that on an average 20 Goans per day submit their applications for
surrender certificate to RPO, Goa
312
people chose to be Portuguese nationals in year 2008
304 Upto
March (3 months) 2011 (Estimate 1300
for whole year)
"The
Portuguese passport holders cannot apply for government jobs here and also
can't buy agricultural properties. Besides, their right to vote also ceases to
exist." Goa's Joint Chief Electoral Officer Narayan Navti said the
figures of people who have changed their nationality are on the rise and still
counting. – PTI
On an average eight Goans have been
surrendering their Indian passports every day on having acquired Portuguese
nationality and passports.
Indian Passport
surrendering fees was Rs 300
but now Rs
5,000.
In case the passport was retained for
more than three years after acquiring foreign nationality there is a penalty
of Rs 10,000 or more
Goa Passport office had received as many as 14,609
applications for issue of fresh Indian
passports, reissue of
passport, etc
January 1, 2010 till May 31, 2010 had issued 14,386 passports
That’s about
1200 passports per month
Regional passport officer Agnelo A J Fernandes told The Navhind Times dtd 5.6.14, that in the last one year (2013), since he took over, around 9,000 Goans have surrendered their Indian passports on obtaining Portuguese citizenship, and the Indian passports issued to them have been cancelled by his office.
Other Misc reading / References
Declaração para atribuição da Nacionalidade - Modelo 1C
Declaração para a situação de atribuição:
Aos filhos de mãe portuguesa ou de pai português, nascidos no estrangeiro que
inscrevam o seu nascimento no registo civil português ou declarem que querem
ser portugueses
Statement for attribution of nationality-1 c
Model declaration for the assignment situation: to the
children of Portuguese
Portuguese father or mother born abroad to register his
birth in the civil register or declare that they want to be Portuguese.
Conservatoria dos registos centrais lisboa
'Assent drawn up on the basis of certificate of incorporation issued by the Registrar of births and deaths of Goa, October 10, 2012'
Illustration: III
Indian Passport Office, Patto Panaji - Goa
Filling Indian Passport form: A feedback
When I first filled up my application form for Indian
Passport, I remember filling this part
Have you ever had any
other nationality?
What was your Nationality
when you acquired Indian Citizenship
I answered No and jumped to next step. I was told I was wrong for I was born in
40s.
So, I now answered ‘YES’ thus
Ref. CM's Speech Video watch below at 21.00:
CM says all
(including him) who are born before 1961 are Portuguese by birth. Yes, Mr. CM
but all of them become Indians by default (naturalisation) as of Dec.19, 1961
or 62. Like you, it is assumed Ticlo's also born in 'Portuguese Goa' who also
become Indian by 'naturalisation' basis on which he acquired Indian Passport.
looks like he has recently acquired Portuguese Citizenship by 'Registration' in
Portugal. Citizenship by birth, naturalisation and registration may not mean
the same.
Registration in Portugal, one need not travel to Portugal, he can appoint an agent
give power of attorney to act on his behalf. There are plenty such agents who
would do the job for a fee. Just open Herald, Navhind Times, Times of India on
any day and one will find a total of at least 15 ads .
Both MLAs cases they claim to have a documents issued by
Central Registrar from Portugal (see a specimen). Basis on which 2-3 complaints
filed with the Governor / ECI / Union Home Dept / High Court. I tell you there are many cases like this in
Goa, some even have Portuguese National IDs
(Now called Citizen Card, see a
specimen) and yet travel on Indian passports. One is required to surrender
Indian passport only when Portuguese Passport is acquired. Yet, some fly to
Portugal on Indian Passport and there they acquire Portuguese passport within
10 days on the basis if the Portuguese
ID- In this case, they keep both passports.
Also, surrendering Indian Passport in Goa cost you Rs.5000
(fees by Goa Passport office) , Plus FRO registration fees, Home office / Dept
fees, Police Clearance fees and bribes etc
Parrikar on Housewife allowance, Portuguese Citizenship etc
On Indian /
Portuguese Citizenship
CM’s statement dtd 8/9.4.13 in the house on ‘Citizenship for
children of Goans born abroad’ is fine.
But his remark on the MLA/s (Ticlo etc) was controversial or
misleading?
CM said ‘ this will give some relief to MLA (ticlo)’ and
others against whom disqualification petition is pending in the High Court (it
was also filed with Goa Governor and ECI).
Don’t really understand what it has to do with the said case.
The petitioners claim they have proof or document saying
they acquired Portuguese Citzenship some years ago and not decades ago. Which
could mean they got themselves (birth) registered either through person or
though agents or attorneys.
One will only register his birth into another country with
the sole intention of acquiring Citizenship or Passport of that Country.
I was born in 40’s which mean, I was Portuguese then or say
until 1962,
I became Indian by default or acquired Indian Citizenship by
‘Naturalisation’
But those who become citizens of a country by registering
their birth etc there (as in MLAs case, as alleged) they are deemed to have
acquired their citizenship by ‘Registration’
Earlier (Jan 2013) too, Parrikar raked similar controversy
saying all those (including him) who born before 1961 are Portuguese nationals
(listen to it live here)
Yes, Mr. CM but all of them become Indians by default
(naturalisation) as of Dec.19, 1961 or 62. Like you, it is assumed Ticlo's also
born in 'Portuguese Goa' who also become Indian by 'naturalisation' basis on
which he acquired Indian Passport. looks like he has recently acquired
Portuguese Citizenship by 'Registration' in Portugal. Citizenship by birth,
naturalisation and registration may not mean the same. If Ticlo is out then
Caitu be out too (for the same reasons) –
Registration in Portugal, one need not travel to Portugal, he can appoint an agent
give power of attorney to act on your behalf. There are plenty such agents who
would do the job for a fee. Just open Herald, Navhind Times, Times of India on
any day and one will find a total of at least 15 ads . Weeklies too carry ads.
Note: This is the way
I look at it, Govt or the court may see it differently
I am not a lawyer nor a Constitutional expert and hence I could be wrong too.
Only after acquiring Portuguese passport Indian losses his Citizenship?
‘Multi-registrations of birth does not amount to losing Indian citizenship unless he/she also obtains foreign passport’ – Says not the Court but Parrikar the Goa CM in the Assembly House today.
According to Parrikar, it seems, a person loses his Indian Citizenship not by acquiring foreign citizenship but only after acquiring foreign passport?
In other words, Passport is the only document to prove one’s nationality
and the Birth Certificate of a person is not ?
Indian Registering his birth into another country may mean he is a citizen of that country but he does not lose his Indian Citizenship merely registering his birth in that country.
Section 9(1) of the Indian Citizenship Act 1955 says that any citizen of India who by Naturalisation or Registration acquires the citizenship of another country shall cease to be a citizen of India
However, Court or constitutional expert may see it differently. Verdict awaited
CM Parrikar speaking in the Assembly House 30.4.13
The Delhi high court has directed the Union ministry of home affairs to dispose of the petition filed for cancellation of citizenship of Benaulim MLA Caetano Silva under the Indian Citizenship Act within eight weeks.
The order was passed by Justice Rajiv Shakdher on May 30 on a petition filed by John Fernandes. The court has directed the prescribed authority constituted by the ministry of home affairs (Foreigner Affairs), government of India to dispose of the petitioner's application not later than eight weeks from May 30.
The petitioner stated that Silva obtained citizenship of Portugal on July 7, 2010, and this fact is evidently confirmed by the union ministry of external affairs on April, 2, 2012. The petitioner pointed out that he had filed an application under Section 9 (2) of the Indian Citizenship Act, 1955, for cancellation of Silva's citizenship before the authority. The petitioner alleged that Silva, without disclosing this fact, was elected to the legislative assembly of the state last year. While the application was pending before the authority, the petition was filed to seek direction for a decision on the application. Note: 8 weeks ending on 24th July 2013 See update 19.7.13 below
In April 2012, defeated Benaulim candidate Valanka Alemao has filed a disqualification plea in the high court against Benaulim MLA Caetano Silva, claiming he is a Portuguese National..
On the other hand, Caitu had also prayed for the dismissal of the same disqualification petition...
The Goa Bench of the Bombay High Court on 5.7.13 dismissed the application filed by MLA Caetano alias Caitu Silva
Supreme Court set aside the Delhi High court order of May 30, 2013 and remitted back for fresh consideration after according the parties with hearing and pleadings.
Note: Disqualification petitions pending against two Goa's MLAs viz.
Caitano Silva GVP (Benaulim) pro BJP
Video: Portuguese Consulate etc
Portuguese Embassy in Goa suggests its Govt to stop issuing Portuguese Nationality to Goans
Watch video news / Prudent
Glenn Ticlo got his Portuguese Citizenship cancelled as from 14th Jan. 2013 as confirmed by Portuguese Govt. to Indian Govt. However, this could mean that he was a Portuguese Citizen (since 2009) and got himself elected on BJP ticket in March 2012
Govt. of India (Ministry of Home Affairs MHA) in its order says
'Caitu D'Silva, is not a Indian Citizen as from 21.7.2010..'
See update below where MHA reverses the ORDER saying Caitu is Indian Citizen
More FAQs, post Caitu's case verdict
11. What exactly happened in the recent Case where Indian
Govt confirms Caitu is not Indian?
Pedru Francis an Indian, register his birth in Portugal. After due
process, Portugal confirms that Pedru is now also Portuguese. But Indian
cannot become Citizen of two countries at the same time. By law, the moment your become
Citizen of other country, you automatically lose Indian Citizenship and that's
what exactly happened here.
12. What are the Implications?
By the same law or rule, it is needless to say that:
A: All those who acquired Portuguese Passport are not
Indian
B. All the surviving parents of such people are also
Portuguese Citizens (Parents of those upto the age of say 52 or parents of those
born after Dec 19.1961) This can include those parents in Govt, jobs, Panch Members
of Village Panchayat, Councillors, Zilla Members etc. Many of whom may not even aware of the fact their
birth is registered in Portugal. (See Q4 above)
C: All those who registered their birth in Portugal
whether they intend to acquire passport or not are also Portuguese Citizens
13. Why only Caitu and why not others?
Well, the authority will only act upon a complaint which
could also mean ‘no complain no action’.
14. What’s going to happen to Caitu or anyone is such case now?
Well, he may not be an Indian now but he is definitely a
PIO (Person of Indian Origin), also, his spouse is Indian so question of deportation, stateless person etc does not arise
15. Cancelation of Portuguese Citizenship make him or anyone Indian
automatically?
I am afraid no. He will have to apply for Indian
Citizenship at Home Office /Collector by submitting prescribed application
forms /sets, this is not a quick process but with BJP intervention it may be
possible within 3 months – the process
includes collector reports, State Govt, CID, FRO and Central Govt and it can ordinarily take not
less than 6 months
However, should there be a by-election due to resignation
etc, he may not be able to re-contest in the by-election as he is not likely to
be a new Indian Citizen at the time of filling the nomination due to the
lengthy process as mention above.
It would be advisable to resign rather than wait for
disqualification as disqualification could also mean 10 year ban in contesting
election.
Along with the forms, photographs, fees etc you also make
an oath
I, ……JoeGoaUk...do solemnly affirm and swear in the name of God
that I will bear true faith and allegiance to the Constitution of India as by
law established and that I will faithfully observe the laws of India and
fulfill my duties as a citizen of India.
Affirmed/Sworn and subscribed this………27th……………………day of..November ..2013………………………..before
me.
All about applying Indian Citizenship
16. Can’t he or anyone get a relief if
knocked at the doors of higher court?
I don’t see Court can do much here. Court only goes by the rules
or laws (Constitutional laws in this case). Court cannot amend Laws. It can recommend
amendments though!
17. What according to you is the best solution for this imbroglio, (in the larger interest of thousands of affected Goans).
I can think of one thing, may not sound good
Bring a constitutional amendment bill in the parliament to effect changes in the
relevant section (Section 9(1) of the Indian
Citizenship Act 1955) which may read something like this
..that any citizen of India who by Registration
acquires the citizenship of another country shall cease to be a citizen of
India except in the case of Goa, Daman, Diu, Pondichery (Etc) where Citizens
register their birth in Portugal/France..will continue to be or deemed to be as Indian
Citizens unless they acquire Passport of that country or renounce Indian
Citizenship..
Grant Dual Citizenship to all holding foreign Nationality.
Union of India v/s State of Goa ?
This has reference to the recent MHA (Minister of Home
Affairs, Govt of India) order on MLA Caitu’s Citizenship declaring him
non-Indian
Today’s front page English dailies..
Parrikar call MHA order a fraud - GT
Order on Caitu Citizenship an MHA fraud - TOI
Caitu is Indian Citizen, Certifies CM Parrikar – NT
( MHA) Order on Caitu Bogus, says CM Parrikar – Herald
1. Caitu never personally visited Portugal to register
his birth or obtain Nationality.
Caitu never
been to Lisbon nor he renounced his Indian Citizenship
2. Caitu’s birth could have been registered by a third
party.
3. ..to obtain Citizenship of any Country, one has to
renounce his present citizenship first
And affirm on oath that he would abide by the rules of
the new country..
4. Anyone who registers his birth in Portugal Registry does
not automatically lose Indian Citizenship
Well, it seems the issue getting complicated or confused
day by day. I guess, only the Supreme Court can throw some lights on it.
In the mean time let us argue on what Parrikar says (as
above).
1. You don’t have
to be in Portugal or Lisbon perosnally to register your birth, it can be done
by the duly authorised person (authorised by you). Power of attorney, which is
in Portuguese may have been given (and
signed by the applicant not knowing or understanding what it says in Portuguese
language).
There are hundreds of people who obtained Portuguese
citizenship or for that matter ID or Portuguese passport without visiting
Portugal. Moreover, even after acquiring Passport there are many who flew straight
to other Countries like UK, France etc
and settled there for years and yet never visited Portugal.
2. About 99% of Goans birth registered in Lisbon / Portugal
by third party. Open Herald, Navhind Times, Times of India or Weeklies, one
will find scores of advertisements offering such help for a fee. Before the
start of the process, they may present before you some forms and documents to
be signed by you, one of which would be your authority letter or PoA to act on
your behalf.
3. If any country that supports dual citizenship, it may
not be necessary to renounce one’s present Citizenship before applying for that new Country's Citizenship.
For applying for Indian Citizenship, one need not renounce
his present Citizenship, he may do so only after he hears from the Indian Govt
that his application is accepted or approved.
4. It appears that mere registration of birth in Portugal
makes you Portuguese ( reportedly, Union Govt relied on this info from
Portugal). If he is Portuguese then he is
ceased to be an Indian (by Law or under the relevant section of Citizenship act).
Let the ball now be in the Supreme Court for clear
picture or understanding.
18. What really involves in birth registration process?
Well, it is not something that anyone can take your birth
Certificate from Goa with or without your knowledge and get it registered in Lisbon as
per the details there in.
It is required to be obtained in teor (photo
copy of the original book duly attested by the competent authority, Registrar of births
and deaths).
It will also require a translation if original in English
or any language other than Portuguese.
You may then need to get it attested by the Collector/Home
Dept
Your letter or PoA (Power of Attorney) authorising someone
(Third Party) to act on your behalf duly attested. PCC
(police clearance Certificate) may also be asked for.
Finally, attestation by Portuguese consulate in Goa.
This info is just for general idea, it may ask for more or less.
Also, if born after 1961, you are required to submit your parents documents including marriage etc
News about filing FIR against Churchill family members for holding dual citizenship..
Q 19. Ref. Allegation that Churchill’s wife, son and 3 daughters have
also registered their birth in Portugal.. By Q4 above - Won’t their parents be automatically become Portuguese
National since they (Son/Daughters) were born after 1961
The law / rule says parents or any one parent of the
those born after 1961 should first register their birth/marriage (Something
that I was not aware of before)
Well, it looks like they seems to know what they were
doing and hence it appeared that the wife only (not husband) registered her
birth and marriage in Portugal to facilitate registration of their son/daughters.
Close look at the alleged Marriage Registration document
(TV) from Portugal it appears that marriage took place in 1974, registered in
Portugal Feb 2009.
Q 20: Registration of Marriage only (not Birth) in Portugal does
not make him Portuguese?
Well, I did say I am not very expert on this matters. He
did not register his birth so he may not be a Portuguese but definitely a
husband of Portuguese National. (ref. Q19)
With NRI Commissioner Wilfred Mesquita BJP, Advocate Cleofato Almeida Coutinho and Adv. Radharao Gracias
Q 21: BJP Minister (virtually at No.2 ) Sudin
repeatedly saying Persons holding dual Citizenship -
1. ‘They should be deported’,
2. ‘Their property or assets should be confiscated and
given to Sainik Board’,
3. ‘They did so because they have no love for Goa / India’
Whether Sudin said or f*din said, whoever saying so does
not know what he/she is talking about.
CM Parrikar should stop such persons making such hurting
and disturbing remarks.
Govt should not be talking like this specially when the
matter is in the court. It should be protecting
it’s people by working out some sort of a solution to this whole imbroglio.
Its sounds like
biased or even racist remarks.
Infact, he should be made to apologize to the people of
Goa for hurting their sentiments by his cheap pub or bolcao talk.
1. Deport where?, Do they have another abode in another
country?
They are born here (and worked) spent major time of their
life here – Does that mean anything?
For that matter, does PIO (Person of Indian Origin) mean
anything?
Those who are abroad send money back home etc – does that
contribute anything to Indian Economy?
Goa Govt. in the recent past even felicitated or honoured
foreign Nationals of Goan Origin for
their outstanding contribution abroad – Where this hatred suddenly come from now?
2. Then there is an OCI (Overseas Indian Citizenship) given
to all NRIs holding another Nationality or passport
Which gives them same rights of any other Indian Citizens
except no Govt jobs, no contesting elections or voting rights and no buying of agricultural land. They can buy and own and sell property and do
investment, live in India or Goa for years or for life without requiring a visa
or need to register with FRO (Foreigners Registrations Office).
3. It’s not true or right to say people acquiring another Nationality or just registering their birth into another country because they don’t love Goa.
They only do so for economic reasons or better prospects
for their children in future.
People do not leave Goa for good, infact, many come back
home more than once a year.
They love Goa, they are born here and no one can take
away their ‘sense of belonging here’
Q 22: Any further news or recommendations..?
It appears that the ball is now in
the Indian Court. All eyes on court verdict.
It can be anything. Recently, Supreme court gave its judgement based on the Indian
constitutional laws under Section 377
which were framed more than 150 years ago by the British Rule. However, the court has passed the ball into
the Indian Parliament (court) to amend or repeal the section if needed be. Section 377 relates to 'having sex against the order of the nature' by whoever including legally married husband and wife and whether consensual sex or not.
Those already abroad or holding Foreign
passports, it is recommended that they obtain
OCI card (if not obtained yet). It can
be done online visit the respective Indian Foreign Mission abroad website in
the country you reside.
It takes about a month and fees are around
$275 or 175BP. If residing in India on a
long term visa etc it can be applied in India including Goa.
Q 23 How about OCI for those who are or may
become Portuguese by registering their birth only? (The one who never had foreign
passport nor been to Portugal etc)
Well, good question. There is no separate procedure for obtaining
OCI in this cases yet, nor it can be done by following the above (Q 22 ) procedure i.e. you cannot leave spaces blank (or write
anything) when asked for Passport No.,
Date of Issue and Place of Issue. When
applying within India, it will ask for a proof of present Citizenship (which can be the
certificate..ref. Illustration II), it will also ask for Valid Visa details or residential
permit , which you don’t have.
It may also ask residential or
domicile certificate issued by Magistrate
FC
This may be possible in this case.
Fees for OCI is Rs.15,000 paid by DD
Web searches also gave me the
following address in Goa for ICI
Near Hotel International Escola, Building, Tonca, Caranzalem, Goa.
OCI booklet looks like this
Former Union Minister for External Affairs and NRI Commissioner Eduardo Faleiro says
Registering birth in Portugal bestows citizenship
PANAJI: Former Union minister
Eduardo Faleiro on Tuesday said that the citizenship laws of India and
Portugal state that once Goans, or any other Indian, register their birth in the central registry in Lisbon, they cease to be citizens of India.
Faleiro neither named Benaulim MLA Caetano 'Caitu' Silva nor Aldona BJP MLA Glen Ticlo, but his statement indicated that both were Portuguese nationals and were therefore liable for disqualification.
"As per the Portuguese nationality law, only Portuguese citizens can have their birth registered at the central registry of births in Lisbon. Registration of births at the central registry in Lisbon is conclusive evidence that the person is a Portuguese citizen," Faleiro stated in a press release.
While stating that "in 1975, Portugal reestablished diplomatic relations with India and recognized Indian sovereignty over Goa with retrospective effect from December 19, 1961", the former Union minister of for external affairs pointed out that "under Section 9 (2) of the Indian citizenship Act 1955, once a Goan or any other Indian registers his birth in the central registry in Lisbon, he ceases to be a citizen of India".
Faleiro disclosed that in 1993, the Portuguese government requested the
Indian government under Prime Minister Narasimha Rao to be allowed to set up a consulate in Goa. The reason given by the Portuguese government was that many Goans sought Portuguese passports and in the absence of a
Portuguese consulate in Goa, they had to travel to the Portuguese embassy in Delhi. Rao advised Faleiro to allow the consulate in Goa.
Faleiro also said that two prime ministers-Narasimha Rao of the
Congress and A B Vajpayee of the BJP- intended to allow dual citizenship to Indians abroad.
Form fillers (Fees 1200 2015)
Opp Police HQ, near Azad Maidan.
Heavy rush. about 18 applicants spotted in one hour (two forms fillers)
filling forms for Registration at Foreigner Registration
Officer (FRO) once New Portuguese Passport is acquired, Form filling Charges
Rs.600 Rs.500 paid advance. (GONE UP TO 1200 2015)
Forms includes Ration card copy/surrender, Election Card
Copy / cancelation, Indian Passport copy / Surrender, New Portuguese colour Passport
copy etc
After Registration and payment of fees at FRO, applicants
come back to the form fillers for more forms filling (to be submitted to Home Office
/Dept, Porvorim?)
Portuguese Passport related forms fillers
Everyday, at least 60 Goans surrender Indian passports
Published on: June 5, 2014 - 02:10 Navhind Times
PANAJI: The regional passport office in the state attends to around 50-60 persons of Goan origin seeking cancellation ....
PANAJI: The regional passport office in the state attends to around 50-60 persons of Goan origin seeking cancellation of the Indian passports per day on having acquired Portuguese citizenship and passport, and the number of such people seeking to renounce their Indian citizenship has been increasing every year.
Regional passport officer Agnelo A J Fernandes told The Navhind Times that in the last one year, since he took over, around 9,000 Goans have surrendered their Indian passports on obtaining Portuguese citizenship, and the Indian passports issued to them have been cancelled by his office.
Another official of the passport office informed that the number of Goans seeking Indian passports has also increased and that many of them use the passport for producing the same in the Portuguese consulate to obtain Portuguese citizenship and passport. He said the number of applicants seeking Indian passports as well those renouncing Indian passport and citizenship has been increasing over the past few years.
Besides, the number of people applying or submitting their applications for obtaining Portuguese citizenship or passport has also been increasing with huge queues seen at the Portuguese consulate at Altinho everyday. Around 150-250 people, hailing from Goa, Daman and Diu, queue up at the Portuguese consulate on almost all working days.
FRRO ( Foreigners) Takes Registrations / Visa services online from 10th
July
Don’t know if this also affects those Goans who acquire
Portuguese Passports as they too require to register with FRRO
FRRO (Foreigners’ Regional Registration Office) at Police
HQ, near Azad Maidan has started online services for foreign Nationals such as
Foreigners Registration, Visa Services etc.
‘No foreigners will be entertained directly at FRRO
office without the online appointments
after 10th July 2014”
Fill up the required form/s, get it printed and submit it
to the FRRO on the appointment date which was taken/given online at the time of
filling up the above forms.
Source: Partly taken from today’s TOI
It has been decided to do away with the filling of Departure
(Embarkation) Card by Foreigners and Arrival (Disembarkation) Card by Indians
w.e.f. March 1, 2014.
Indian nationals are not required to fill in
Disembarkation (Arrival) Card w.e.f. March 1, 2014. Foreign nationals (Including
PIO/OCI card holders) will continue to fill in the Disembarkation Card at
arrival.
Foreign nationals (including PIO/OCI card
holders) are not required to fill in Embarkation (Departure) Card w.e.f.
March 1, 2014.
Chief Minister Manohar Parrikar in the Assembly
on Dual Citizenzhip cases etc
Total of 15 complaints filed including against MLAs, Police,
Panchayat members
Its a sensitive / Serious issue for thousands of Goans, there
may be at least 30,000 to 40,000 whose birth registered in Portugal knowingly
or unknowingly
Of which, at least 5,000 must be Govt servants say MLA
Mauvin Godinho
Some advocates who are fighting for or against these
cases have themselves found registered in Portugal.
After 12th of Sept Parrikar will be visiting Delhi
to meet the bureaucrats
Delhi bureaucrats do not understand this problem properly..
Parrikar will seek relief or seek protection to those
whose birth registered in Portugal (and those who already obtained ID Cards or
billets)
Those acquired Portuguese Passport automatically forfeit
their Indian Citizenship and no protection to such cases.
Also, Parrikar says once a birth registered in Portugal he/she becomes Portuguese Citizen
as per Portuguese Act.
(But Indian Citizenship Act also interprets
similarly i.e.
Section
9(1) of the Indian Citizenship Act says that any citizen of India who by
Naturalisation or Registration acquires the citizenship of another country
shall cease to be a citizen of India)
Again, Parrikar says no lower courts have
jurisdiction over this issue or cases and that
the only authority is Ministry of Home Affairs (MHA) but when MHA gave its
verdict in the case of MLA Caitu D’Silva, Parrikar termed the order as ‘fraud’ (see update above 22/11/13)
Chief Minister says anyone can register anybody without his
or her knowledge.
Don’t know how it is possible without one’s express
written authority or power of Attorney?
Parrikar says special consideration or protection also be sought to those who after registration in
Portugal also obtained Billet or
National ID Card as long as they have not surrendered their Indian Passport.
This statement also sounds absurd as if ID card can also be obtained by the third party without the one's knowledge or written authority.
When suggested granting of ‘Dual Citizenship’ Parrikar
says it’s a Central Govt subject and that he has no problem as long as they don’t
vote in India and that they can’t vote in two countries (?)
I think ‘Dual Citizenship’ means citizen of two countries
enjoying all rights including voting rights in both countries
Mauvin Godinho, Pratapsingh Rane, Vishnu Surya Wagh and
Mikky Pacheco also speaking
Wagh says at Swindon, it is like Agassaim/Siridao
Rane says Goans seen at Heathrow doing all type of jobs
Video: Parrikar on Dual Citizenship etc
No interim relief on dual citizenship
PANJIM: The High Court Thursday refused to grant interim relief to the government on the dual citizenship issue, in which the Judicial magistrate first class, Panjim had ordered the Crime Branch to register an FIR against two MLAs and two police officers, over the dual nationality issue and the subsequent issuance of show cause notices against three officers.
The government had filed a revision petition before the session court which was rejected. They had approached the courts for a stay thrice, but each time it was rejected.
Finally the government approached the High Court which Thursday refused to grant it interim relief.
In October 23, 2013 the JMFC, Panjim had directed Crime Branch to register an FIR against BJP MLA Glen Ticlo, Goa Vikas Party MLA Caetano ‘Caitu’ Silva, superintendent of police Jose Allen de Sa and police inspector Edwin Colaco over the dual citizenship issue.
The court has asked Crime Branch to submit a report within 30 days. The order has been passed following a complaint filed by activist Kashinath Shetye on March 22, 2013, before the Crime Branch, Dona Paula, against the two MLAs and the two police officials under sections of the Representation of People’s Act, 1951, the Registration of Foreigners Act, 1939 and the Passport Act, 1967.
On January 18, 2014, the JMFC had directed that show cause notices be issued to three CID/Crime Branch police officers for failing to comply with its directions to file FIRs in the case. The order had asked the three police officials to submit their replies with 15 days as to why action should not be taken against them for failing to discharge their duty under laws and “for protecting those against whom action has been initiated”. The three CID police officials were PI Suresh Gaonkar, DySP Nilu Raut Desai and SP Omprakash Kurtarkar.
After acquiring Portuguese Passport, you need to register your self as Foreigner with FRO Panaji (Foreigners Registration Office), Police Head Quarters, near Azad Maidan.
You need to submit the following document along with sworn in affidavit before Notary
About 45 Goans spotted at FRO at one time
Life long Validity of OCI?
Check this..
Lifetime Validity? Not really!
You may need to apply once again for fresh OCI each time you change your passport or when you
renew your passport
e.g. If your children
had OCI at the age of say 5, they will have to apply for fresh OCI
every time they renew their passports until they are 20 years of age
If your child passport validity is say 5 years, they will have
to apply for fresh OCI for upto 2 more times
Again, if you have OCI already and at the time of renewing your passport if your age is 50+ you will have
to apply for fresh OCI . Note: This rule is changed on April 15, 2021, no need to renew OCI multiple times except after attaining 20 years of age, (just once if passport/OCI acquired before 20 years of age).*
This changes are incorporated in
view of biological changes in face of the applicants. E.g.after 50, persons body including face
changes such as wrinkled face J
Those in their 20s, 30 & 40s, 50, 60s etc need not worry now*
Again, those who had their first OCI at the age of 50+ also may not worry.
All these services available online under OCI miscellaneous Services.
The procedure is same as applying fresh OCI but you pay
$25 or Rs.1400.
Processing time about 4 weeks from the date of receiving hard
copy (Printed/signed application along with documents viz copy of your OCI, U- Visa, new passport etc)
Life long U -Visa Sticker (Pic)
Once granted, you need to surrender you old OCI and U –Visa Sticker
at the time of collecting
your new
OCI. New OCI/Visa to be given only after
cancelling your old.
You will also take your new passport for new lifelong U-Visa pasting on
it.
Finally, your OCI may be valid as long as your passport is valid
e.g. If you are on a long stay in Goa or not likely to go back and your Portuguese passport is expiring, you may renew it at Goa Portuguese Consulate. (If decided not to return, it is advisable to apply for Indian Nationality)
Your OCI or Lifelong Visa may not keep you lifelong in Goa unless you also have a live Passport (not expired).
New Portuguese Passport looks like this..
União Europeia
European Union
Portugal
Passaporte
e-passport with embedded electronic chip
Inside / Visa stamping pages 2014
with country's iconic images
Special meet on dual citizenship on Oct 29
Parrikar to meet Union Minister for Home Rajnath Singh and Union External Affairs Minister Sushma Swaraj in New Delhi.
The Union Home Ministry has called for a special meeting with Goa Chief Minister Manohar Parrikar on the dual citizenship on October 29.
Parrikar would be meeting Union Minister for Home Rajnath Singh and Union External Affairs Minister Sushma Swaraj in New Delhi. The meeting is expected to come out with a solution on the dual citizenship issue that is haunting over one lakh people, whose births are registered in Portugal. Herald 25.10.14
Goa CM Parrikar discussing dual Citizenship issue in Delhi on 29.10.14
‘Registering birth in Portugal can’t get you citizenship’
Consul General of Portugal says none from Goa born before Liberation become Portuguese citizens, unless they apply for it
(this is in reply to the queries raised by Press / Media)
PANJIM: In a major relief to over lakhs of Goans reeling under the possible consequences of dual citizenship, the Consul General of Portugal in Goa Dr Rui Carvalho Baceira on Wednesday said that by merely registering one’s birth in Portugal or having a Portuguese passport does not make an individual a Portuguese citizen.
The Consul General said that the current issue of dual citizenship faced by Indians, particularly Goans has nothing to do with Portugal.
“You become a Portuguese citizen when you have an identity card. Passport is just a document that allows you to travel to Portugal. None from Goa who were born before Liberation in 1961 become Portuguese citizens, unless they apply for it,” Baceira said speaking to media persons Wednesday evening.
“I am not aware about any communication from Goa or India to my embassy on the dual
citizenship issue,” the consul general said.
Baceiro added that everyone born before 1961 in Goa is entitled to apply for citizenship but they have to follow several procedures. “People can apply to be Portuguese citizens. Those who were born in Goa before 1961 are not Portuguese at all. There are just few persons who are applying for the Portuguese citizenship,” he said.
At the same time, the Consul said that if people of Goa are interested in acquiring Portuguese citizenship, we are ready to provide it. “If people want to acquire Portuguese citizenship we are entitled to give them, if they qualify. We don’t make people our citizen en mass through any order,” he clarified.
Chief Minister Manohar Parrikar Wednesday morning held a meeting with Union Home Minister Rajnath Singh and External Affairs Minister Sushma Swaraj, who have assured an amicable solution to the issue.
Dual Nationality issue to be solved in 2 months
CM Parrikar was speaking to press/media after his return from Delhi on 1st Nov. 2014
Update: 2.11.14
Re-acquiring Indian Citizenship, OCI for NRI Minors of Indian parents and Merger of PIO / OCI into OIC
Changes proposed in Indian Citizenship Act 1955 (amendment) Bill 2014
1. Applicant has to be resident of India for continuous period of 365 days immediately before applying for Citizenship..
IT IS PROPOSED TO ALLOW BREAK OR BREAKS IN THE ONE YEAR CONTINOUS RESIDENCE RULE. THE APPLICANT NOW SHOULD BE A RESIDENT OF INDIA FOR ALLEAST 335 DAYS OF THE SAID 265 DAYS PERIOD.
2. Minors (Born abroad etc) whose both parents or one parent is Indian National can now apply for OCI (or new OIC).
3. Merger of PIO card and OCI card into OIC or IOC card
(Person of Indian Origin + Overseas Citizen of India = Indian Overseas Cardholder or Overseas Indian Cardholder.
Send suggestions/Comments (if any) by 11/11/2014
Anand
Joshi,
Under
Secretary (OCI)
Email:
anand.joshi68@nic.in
Update; December 12, 2014
FIR against Churchill Alemao’s daughter in dual citizenship case
MARGAO: Acting on the directions of the judicial magistrate first class (JMFC), Margao, the Colva police on Friday registered an FIR against Wanda Alemao, daughter of former PWD minister Churchill Alemao, based on a complaint filed by activist Kashinath Shetye and two others, in the dual citizenship case.
The complainants alleged that she has registered her birth in Portugal and acquired dual citizenship.
The case has been booked under Sections 119, 177, 217, 218, 420, 467, 468, 471, 120(b) of the Indian Penal Code, Section 14 of the Foreigners Act, Sections 4 and 5 of Registration of Foreigners Act, 1939 and Section 17 of the Citizenship Act, police sources said.
On December 1, Margao judicial magistrate first class, had passed his order on a plea filed by Shetye. The court directed the Colva police to act on his complaint and report compliance within two weeks.
Shetye had moved the JMFC after the Colva police failed in registering an FIR on the complaint lodged by him on March 24, and made the Colva PI and South Goa SP as respondents in the case.
In its order, the JMFC said that the law is well settled that "where information of commission of offence is received or is given to an officer in charge of a police station, it his bounden duty to register the FIR of that offence, unless, in exceptional cases, some preliminary inquiry is required."
http://timesofindia.indiatimes.com/city/goa/FIR-against-Churchill-Alemaos-daughter-in-dual-citizenship-case/articleshow/45499302.cms
Update: March 8, 2015
3-member central panel in Goa to resolve Portuguese citizenship issue
PANAJI: Head of the three-member high-level committee B K Prasad, additional secretary, Union home ministry, on Sunday said that the Union government is serious about resolving the issue of those Goans who have registered their births in Portugal and they will submit a report to the Union home minister on these issues. Speaking to TOI, Prasad said, "We have to resolve the issue and we have to clear the confusion in the minds of Goans." The three-member committee, which arrived in Goa on Saturday, held a series of meetings with lawyers who are well-versed with Portuguese law, defence minister Manohar Parrikar, NRI commissioner Wilfred Mesquita and south Goa MP Narendra Savoikar on Saturday and Sunday. Sources, who were present at the meeting, said that it was suggested that the Union government should amend the Indian citizenship act so that those who have registered their births in Lisbon, Portugal, should not lose their Indian citizenship. Sources said, one of the suggestions made, was that, Goans who have registered their births in Portugal should be allowed to give a declaration stating that they have registered their births in Portugal for the better future of their children and they are Indian citizens. Many Goans, born in Goa, before December 19, 1961, register their births in Portugal and obtain Portuguese citizenship. Their children, who are born after 1961, are also eligible to register their births in Portugal and obtain citizenship or get a 'bilhete de identidade', which is said to be as good as getting a Portuguese citizenship. Many Goans use the 'bilhete de identidade' to travel across Europe as it makes the Schengen visa redundant. Many have sought employment in Europe on the basis of the bilhete. Government statistics say there are around 40,000 Goans who have registered their births in Portugal, but, do not have a Portuguese passport or bilhete de identidade.
http://timesofindia.indiatimes.com/city/goa/3-member-central-panel-serious-about-resolving-Portuguese-citizenship-issue/articleshow/46497133.cms
Update: May 3, 2015
Merely registering
your (Goan) birth in Lisbon, Portugal may make you Portuguese National but in
the eyes Indian laws (proposed amendment) you continue to be an Indian Citizen
until and unless you acquire Portuguese Passport.
In other words,
it also implies that Portuguese Passport
is the only document that identifies you
as a Portuguese National.
FAQ - 24: What if
I also have Bilhete de Identidade or Cartão de Cidadão ( Portuguese National I D Card)? I have not acquired Portuguese
passport yet.
Ans: Well,
it appears that the proposed change or
amendment only talks about Birth Registration in Lisbon and Portuguese Passport, it does not say
anything on BI or ID. So, I guess you too
continue to retain your Indian Citizenship until you acquire Portuguese
Passport. Very Strange though!
NB: Hope they have not gone through this blog :-), ditto solution was suggested ref. FAQ 17 above
3 member
high level Committee:
To resolve
the long pending issue and to clear the
confusion in the minds of Goans who registered their births in Lisbon,
Portugal, a 3 member high level committee headed by
additional secretary (home) B K Prasad was appointed
and arrived in Goa on 7th
March 2015.
It was
reported that they held a series of
meetings with lawyers who are well-versed with Portuguese law, defence minister
Manohar
Parrikar, NRI commissioner Wilfred Mesquita and south Goa MP Narendra
Savoikar (TOI)
Accordingly,
recommendations are made to the ministry of home affairs (MHA)
If
accepted, the relevant citizenship act
will have to be amended and only then it can become a law and this could take
atleast another 3 months or a year or more if it required to be debated in parliament.
TOI
reference
http://timesofindia.indiatimes.com/city/goa/Goans-who-registered-birth-in-Portugal-not-Portuguese/articleshow/47134473.cms
A query... (7.11.15)
To give up or not to give up Portuguese passport
I got this query from a couple who after working 7 years in UK are now back to Goa for good.
Both intended to claim back their Indian Nationality and after going through all the process and hassle for last two years (it also cost them Rs.35K in fees and charges including renewal of their foreign passports and Billets) they finally get a letter from MHA Delhi to say their application for citizenship is accepted.
They now have less than 2 months (of the total 6 months) to surrender their foreign nationality/passport and to get a surrender certificate which is needed to be submitted to Home Office /MHA along with 10K challan (5K each) for final processing and the certificate of Indian Citizenship. If not, they will have to apply for Indian Citizenship all over again.
So, why they delay?
Blame it on to Parrikar, the former Chief Minister of Goa and present Defence Minister of India.
They were hoping Parrikar will soon resolve this dual Citizenship issue as assured by him repeatedly. Somehow they have this misconception that Parrikar will help giving Dual Citizenship where one can keep or have both the passports (i.e. Portuguese & Indian Passports in this case).
https://flic.kr/p/ppMzNh
Who will not like to keep his Portuguese Passport?
Good luck!
My view
To give up or not to give up your Portuguese Passport/Nationality is own choice.
Some may come back home for good on medical grounds..
All leave one's own Country for another mainly for money including better life
When they feel they made sufficient money, they may decide to return back home for good.
Yet, others may do so for the love of their Country of birth where they always belong to.
For them it will be like 'Ghar Wapsi' in patriotic terms.
Notes:
By keeping your passport or staying as foreigner in Goa/ India
You can always change your mind later stage should you
wish to go back say to UK etc
You can visit your family or friends or travel abroad
with easy visa facilitation / formalities
You don’t have or can’t have any Indian acceptable ID documents such
as Ration card,
Voting Card etc
You cannot contest election even at Panchayat level, nor can
vote.
Bear in mind that your OCI is valid so long as your
passport is valid
Therefore, you will need about Rs.10,000 or more every five years or so for your
Passport/ID renewal. If renewing your passport after attaining 50 years of
age, you will need to
re-apply (fresh) for OCI (This rule changed around April 15, 2021, no need to renew)
You may not avail of Govt free mediclaim, no free Dialysis
treatment etc
You cannot purchase agricultural land
When buying other properties Land/Flat etc, on sale deed
etc you may declare or say that you
are a Indian National (or as this is suggested by
lawyers) but this may later on complicates things
for lying on stamp-papers.
You may have even sworn in affidavits knowingly or unknowingly
as Indian National
Update January 2016
Revised Charter flight Policy/Guidelines (Dec.2015)
AIC SL. No. 5/2015, 22-12-2015
This supersedes AIC 12/2008 dated 6-10-2008.
Some observations:
Indian Passport holders abroad can now also travel by
Charter flights by availing inclusive tour package (ITP) which includes round
trip, tours, accommodation etc
No ‘flight only’ ticket/travel by any tourists
(Foreign/Indian).
However, we saw in the
past some Charter airlines offering this FO where they also show basic
accommodation like dormitory house etc
No ‘One Way’ ticket.
However, the charter airline are allowed
O/W passengers on its first
flight inbound and last flight outbound where
the airline has at least 4 flights (to Goa) during the holiday season
or at least 8 flights (to Metro Cities in India) at least
Also, check this clause: 4.1 (x)
Quote
Tourists availing ITP charter flights
would not be permitted to fly on inward or outward
journeys using a scheduled airline.
However, in case of any emergency, DGCA may
permit tourists arriving on a charter
flight to depart from India on scheduled flights.
Request for such permission would be
submitted by the concerned Indian tour
operator.
For more info and confirmation visit here
Update 29.1.2016
Ribandar based activist and Advocate Aires Rodrigues also Portugal National?
Also see update of 12.10.2019 below..
TOI - 29.1.2016
Complaint states Aires is Portuguese
Panaji: A complaint has been filed against social activist Aires Rodrigues for allegedly acquiring Portuguese nationality in 1987. Colva panch, Calvert Gonsalves filed a complaint with the crime branch, the courts and other government departments against Rodrigues, on Thursday.
The complainant wants the police to register the case under the Citizenship Act 1955, Representation of People Act 1950, and various sections of the Indian Penal Code (IPC).
The counsel for the complainant, Rajeev Gomes said that the birth of Aires Antonio Miranda Rodrigues was registered in the central registry of births, marriage and deaths of Lisbon, Portugal as 'Assento de Nascimento No. 1260-A' on November 2, 1987.
"Rodrigues, after the registrating his birth in Lisbon, Portugal, has obtained various Portuguese citizen cards, such as Bilhete de Identidade (identity card) and Cartao de Cidadao (citizen card) which bears the number 11183778, which was issued to him on November 2010 and was due to expire on November 9, 2015," Gomes added.
Speaking to reporters outside the crime branch, Gomes said that they have documentary proof to show that Rodrigues is a voter in Portugal and also a voter in Goa. "Even though he had a Bilhete, Rodrigues contested the corporation of the city of Panaji elections in 2011." Gomes said that Rodrigues had filed various petitions in the high court and other courts claiming that he is an Indian national.
"Though he is a Portuguese national, Rodrigues is posing as an Indian national and creating chaos and confusion in the minds of people. We cannot allow a Portuguese national to come and dictate terms to Goans," Gomes said.
Gomes said that since Aires had made an allegation about pop star Remo Fernandes being a Portuguese national and a threat to national security, this had prompted them to find out the nationality of Rodrigues. "What moral right does Rodrigues has to claim that Remo is a Portuguese national when he himself has acquired the same? He should have first relinquished his Portuguese nationality before making such statement," Gomes said.
Rodrigues has rubbished the allegation saying this was done by Gonsalves under the guidance of Gomes in collusion with Remo to target him after having tried every other possible stunt, and that it was a malafide and an absolutely false complaint .
Rubbishing the allegations made by Gonsalves under the guidance of Gomes and in collusion with Remo, Rodrigues has stated that being frustrated after trying every possible stunt to target him, his detractors are now dreaming that he has acquired another nationality. Rodrigues stated that it was a malafide and an absolutely false complaint filed against him.
Update: 1/2/2016
Now, Aires Rodrigues says Adv. Rajeev Gomes, Counsel for above complainant is also Portuguese National, his birth registration certificate in Portugal also posted as proof and making news waves all over the social media facebook..
Update: 12.10.19
Adv. Aires Rodrigues booked in Dual Citizenship case
Crime Bench Goa Police filed Chargesheet against Adv. Aires Rodrigues in the case 2016 where Colva Panch Calvert Gonsalves files FIR against Adv. Aires for holding dual Citizenship. It was alleged that he has Portuguese Birth Certificate (Registered in 1987) and Bilhet or BI card (issued in Nov. 2010)
Update March 1, 2016
To be or not to be in the European Union (EU)
Should BRitain EXIT or BREXIT from EU?
Well, UK is going for Opinion Poll (Referendum) on 23rd June 2016 to decide
whether to remain a member of EU or leave the EU
How that will affect Goans holding Portuguese passports?
If UK decides to come
out of EU then it can affect not only Goans
but other EU member States too particularly
those into UK recently and
those who intend joining UK on Portuguese or other EU Passport (same applies to British people who intend to work or are working in other EU States)
Those who are
in the
UK for last 4 years and more may not be affected as they can apply PR (Permanent
Residency) or Indefinite stay. Those EU nationals, including Portuguese having
Resident
Permit or Card for last 4 years
can apply for PR or even apply for British Citizenship (The rule may have
been changed now).
It
may be a five year rule now. Or they can start applying for British Citizenship/Passport now. I know, more than half of those Goans who are into UK for more than 5 years now have already obtained British Citizenship / Passport.
My UK Residence Card looks like this
Card design may have changed now over period of 10 years
PR page Stamp
Those into UK say for less than 4 years that does not mean they will be deported very next day the UK say No to EU . It will take about 1-2 years to work out modalities, rules and guidelines (or if triggered Article 50, it will take 2 years or more). However, some employers out of panic or in absence of any guidelines from Home Office etc may cause problems to the EU workers.
Mind you, British citizens working elsewhere in the EU will also face same problem.
If UK comes out of EU that could mean all other EU passport
Holders would require a Visa to enter into UK, presently, it is visa free travel
for EU Citizens.
Many Goans after acquiring Portuguese Passport, straight
went to UK, now that will change should UK decides to exit from EU for they will
need a visa and a work permit which may be difficult to get one.
Those intends to apply for Portuguese Passport, I would say
they should hold on until 24
th June when it will be known the
outcome of the referendum.
(I know, few days ago I met some one who told me he has taken loan for Portuguese Passport purpose.
The going rate upto ticket to London is about 3.5 lakhs)
Unless they are willing to visit and settle in other 27 EU member
states, see list below.
28 EU member countries are:
Austria, Belgium,
Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden and the UK
UK voted to leave EU see details below update 24.6.16
Soon an authority on dual citizenship issue, says Rijiju (TOI)
Panaji: There is good news for Goans who are in the dark on their
dual citizenship status. The Union home ministry has decided to constitute an 'authority' in the state to look into the matter in which connection a notification is likely to be issued soon.
Union minister of state for home affairs Kiren Rijiju said that one of the issues that has repeatedly cropped up in the state during the last couple of years is the dual citizenship issue and added that he has taken personal interest in the matter. He also said that it was unfortunate that many people in Goa were victim to the legal provision of our country as well as Portugal .
"We had set up a committee (to look into the issue) and the report is ready. Very soon we are going to create something like an authority. We don't want to decide the matter in Delhi. It should be decided in Goa, on a daily basis and as per the requirement and need of the local people here, which the authority will do. People should not have to run to Delhi," Rijiju said at Panaji.
When asked to elaborate on the subject, Rijiju said that the government wanted to ensure that due to differences in Indian and Portuguese laws the people of India should not suffer. "Over so many years nothing has been done (about the dual citizenship issue) in India," he said adding that the issue was complicated and was related to conflict of provisions in the constitutions of both countries.
"Since we have done all home work the report is ready and very soon we will come out with the notification wherein whatever needs to be done will be done and we will ensure that no genuine Indian citizen suffers for no fault of his," the minister said.
The dual citizenship issue has seen several FIRs filed against a number of persons, including politicians, police personnel and others.
Children of those born before Goa's liberation and whose's parents'birth is registered in Portugal are also eligible to register their births in Portugal and to obtain citizenship or a 'bilhete de identidade' considered as good as citizenship.
Many Goans use the bilhete to travel across Europe as it makes the Schengen visa redundant. Many have also sought employment in Europe on the basis of the bilhete.
Government statistics show around 40,000 Goans have registered their births in Portugal, but do not have either a Portuguese passport or a 'bilhete de identidade'.
Bookmark or read stories offline
Update: 1.6.16
News headlines
Goans registered in Portugal’s Registry may lose Indian citizenship - H, GT, TOI
Dual Citizenship issue takes a new Turn – NT
'Parrikar had asked the Centre to look into the matter as around four lakh Goans had registered their names in Portugal's Central Registry of Births, Marriages and Death that gave them the Bill of Identity'.
PTI
NEW DELHI
Goans, who obtained Portuguese nationality by registering their names in that country’s Central Registry, may lose Indian citizenship with a high-level central panel recommending action against them as per Indian law.
The inter-ministerial committee, headed by additional secretary in the Union home ministry B K Prasad, has recommended that the issue of citizenship of such persons should be decided as per the Citizenship Act 1955 and Citizenship Rules 2009.
The panel was set up by the central government following a letter of the then Goa governor B V Wanchoo, and the then Goa chief minister Manohar Parrikar (currently Defence Minister), who had informed that around four lakh Goans have registered their names in Portugal’s Central Registry of Births, Marriages and Death.
As per Portuguese law, those who register their names in the Central Registry automatically become a Portuguese national and a citizen of European nations.
However, such a person ceases to be an Indian citizen as per the Citizenship Act 1955.
There have been allegations that several public servants, including MLAs and MPs, have registered their names in the Central Registry, which they claim has not been done by them or done without their knowledge.
After going through various deliberations, evidence and records available, the inter-ministerial committee felt that if any question arises as to whether, when and how any citizen of India has acquired the citizenship of another country, it should be determined by provisions of Citizenship Act 1955 and Citizenship Rules 2009.
The panel recommended that the issue of citizenship of such persons will be decided by an authority designated by the central government after receiving representations, enquire upon, in just, fair, reasonable and transparent manner and submit the report along with recommendations to central government for necessary action. Portugal recognises dual/ multi-nationality while India does not. This situation has given rise to serious problems relating to nationality and citizenship such as non-surrender of Indian passports on acquisition of Portugal nationality, illegal stay in India, violation of Foreigners Act or registration by a third party without consent or knowledge of the person concerned.
Those Goans who registered their names in Portugal’s Central Registry automatically become Portuguese citizens, allowing them to travel and buy property there and also in EU countries.
The inter-ministerial committee suggested that whosoever has acquired Portuguese passport automatically became citizen of Portugal and cease to be an Indian citizen.
To determine nationality status of all such persons who were born before December 20, 1961, when Goa became independent from Portuguese rule, in the territories comprising the Union territory of Goa, Daman and Diu, an order called the Goa Daman and Diu (Citizenship) order 1962 was issued through a notification dated March 28, 1962.
According to the aforesaid notification, every person, who or either of whose parents or any of whose grandparents was born before December 20, 1961 in the territories now comprised in the Union territory of Goa, Daman and Diu became a citizen of India on that day, if the person did not opt to retain the citizenship or nationality which he had immediately before December 20, 1961.
Subsequently, many Goans who became citizenship of India as per Goa, Daman and Diu (Citizenship) order 1961 registered their birth in the Central Registry of Births, Marriages and Deaths in Lisbon, Portugal.
http://timesofindia.indiatimes.com/city/goa/Goans-registered-in-Portugals-Registry-may-lose-Indian-citizenship/articleshow/52523216.cms
Govt panel proposes authority to resolve Goa citizenship issue TOI
New Delhi: An inter-ministerial panel set up by the Modi government to resolve the citizenship issue of Goans who technically became Portuguese nationals by virtue of enrolment in the Central Registry of Births, Marriages and Deaths maintained in Lisbon, Portugal, has recommended setting up of a designated authority to decide the status of their Indian citizenship based on whether or not they had acquired Portuguese citizenship voluntarily.
The authority, after checking whether the person has migrated to Portugal with the intention of making it his/her permanent home, shall determine if such a person voluntarily acquired the Portuguese billet de identite, a proof of citizenship, or if it was secured only for tourism purpose, without realising the consequence of losing Indian citizenship.
As per Section 9(1) of the Citizenship Act, 1955, any Indian national who voluntarily acquires citizenship of another country, ceases to be a citizen of India.
Sources said tens of thousands of Goans who have their names entered in the Central Registry may be given a chance by the designated authority to declare themselves as Indian citizens by surrendering their Portuguese nationality. As for those wanting to retain their Portuguese citizenship, they may be told to apply for a visa for further stay in Goa.
"The issue of citizenship shall be settled by the authority as per Section 9(2) of the Citizenship Act, 1955, and Rule 40 and Schedule III of the Citizenship Rules, 2009," the inter-ministerial panel chaired by additional secretary in the home ministry B K Prasad, recommended in its report submitted on May 4.
Many public servants, including MLAs and MPs, in Goa have their names entered in the Portuguese Central Registry. A famous case is that of Goa Vikas Party MLA Caetano Silva, who is facing disqualification for fighting polls despite becoming a Portuguese citizen upon enrolment in the Central Registry in 2010
These public servants maintain that they were enrolled in the registry by 'agents' or others without their knowledge. "Their defence, if valid, entitles them a chance to opt for Indian citizenship by voluntarily surrendering their Portuguese billet de identite," said a senior home ministry official.
The designated authority will "receive representations; enquire upon in a just, fair, reasonable and transparent manner and submit their report along with recommendations to the Centre for further action," the panel comprising officers of the home ministry, ministry of external affairs, legislative department and legal affairs department, recommended.
The purpose behind such an exercise is to protect Goans "lured" by 'agents' into enrolling themselves in the Portuguese registry with the claims that it would entitle them to visa-free travel across 28 member states of the European Union.
According to a government official, many Goans holding Portuguese billet de identite would travel abroad on an Indian passport, with a Schengen visa obtained from the Portuguese consulate in Panjim, and then transit to other EU states by showing their billet de identite. Incidentally, the Portuguese billet de identite also entitles them to benefits like ownership of property in any of the EU member states. TOI 1/6/16
http://timesofindia.indiatimes.com/india/Govt-panel-proposes-authority-to-resolve-Goa-citizenship-issue/articleshow/52527685.cms
Goans to give up 'Bill of Identity' granted by Portugal -India Today
The panel was set up by the central government following a letter of the then Goa governor B V Wanchoo, and the then Goa chief minister Manohar Parrikar (currently Defence Minister), who had informed that around four lakh Goans have registered their names in Portugal’s Central Registry of Births
Which could also mean over 1 lakh already left Goa after acquiring Portuguese passport?
if 4 lakhs lost citizenship, It would also mean more than 50% of Goan population are migrants
The inter-ministerial committee suggested that whosoever has acquired Portuguese passport automatically became citizen of Portugal and cease to be an Indian citizen
Do we need such high level committee to suggest that?
Today's TOI had different version or interpretation under caption 'now, new panel for Goa 'Citizenship' issue' It says those who registered in Portugal are given option to give up Portuguese Nationality and acquire Indian etc
The 3 member high level committee was appointed in Feb 2015?
Visited Goa March 7, 2015
Submitted report on 4th May 2016 (after 15 months)
In news on 27.5.16 and 1st June 2016 in headlines
Looks like the whole issue is deliberately made complicated with some ulterior motives behind it
What is the ‘Bill of Identity’ issued by Portugal?
Some national news and some our local cable news keep on saying ‘Bill of Identity’
Could it be ‘Bilhete de Identidade’ (I D Card or Citizen card of Portugal)?
Also, when it was said around four lakh Goans have registered their names in Portugal’s Central Registry of Births.....
I am sure somebody has erroneously or deliberately added one more zero to Parrikar’s 40,000 estimate of Aug. 2014
Who headed the so called ‘inter-ministerial committee’?
Could it be Parrikar himself?
Parrikar while talking on this issue as Chief Minister once said 'Delhi bureaucrats do not understand this problem properly..'
Now that he is in Delhi, could all this new development be the outcome of his expert guidance?
(keeping coming elections in mind?)
All this time he was sympathetic towards those who registered their birth in Portugal and even those who already obtained National ID or BI (including his own MLA and one supporting MLA)
Whole thing now seems taking a new turn.
Another U turn?
4.6.2016
Print & TV news
Rui Carvalho Baceira, Consul General of Portugal in Goa
Benefits as Portuguese national only after getting citizen card, passport: Consul General
NT NETWORK
PANAJI
Consul General of Portugal in Goa Dr Rui Carvalho Baceira has stated that anyone whose name is registered in the Central Registry of Lisbon is a Portuguese according to the country’s laws. However, to seek benefits as a national of Portugal, the person has to obtain the Cartão de Cidadão, the citizen card.
Speaking to this daily, Baceira informed that by registering a birth in the Central Registry in Lisbon, the individual is theoretically a Portuguese. “But without registration one cannot precede for the later documents, that is the Cartão de Cidadão and the passport,” he added.
Responding to the question of dual citizenship, he stated that while Portugal laws permit an individual to have more than one country’s nationality, an Indian citizen would have to abide by the Indian Constitution.
He said, “It is up to the individual to decide whether he wants to be an Indian citizen or become a Portuguese national.”
“Registration of the Central Registry of Lisbon means that the person is Portuguese by virtue of registration but that person cannot use that document even to open a bank account as it is not an identification document,” he stated.
He also pointed out that the national laws on nationality in Portugal also need to be updated regarding nationality to those who were under the territorial control of Portugal and later were granted citizenship.
The Portuguese Consul General further said that there are many people who have their births registered in the Central Registry of Lisbon and have not obtained the other documents. The reason he said could be, they just wanted their names registered and they would decide in the future regarding the documents.
“It is up to them to analyse the pros and cons and decide,” he added.
http://www.navhindtimes.in/benefits-as-portuguese-national-only-after-getting-citizen-card-passport-consul-general/
Conflicting statements?
29.10.14
The Consul General of Portugal in Goa Dr Rui Carvalho
Baceira on Wednesday said that by merely registering one’s birth in Portugal does
not make an individual a Portuguese citizen. see above, update 29.10.14
3.6.16
Consul General of Portugal
in Goa Dr Rui Carvalho Baceira has stated that anyone whose name is registered
in the Central Registry of Lisbon is a Portuguese according to the country’s
laws. see above 4.6.12
8.6.16 news
Navhind Times
Close down Portuguese Consulate: freedom fighters
NT NETWORK
PANAJI
Demanding that the government should carry out a survey as regards all those Goans, who have registered their birth with the Portuguese Central Registry in Lisbon, and penalise such individuals, the Goa Daman and Diu Freedom Fighters Association on Tuesday stated that the government of India should close down Portuguese Consulate in Goa as well as local offices of Portuguese organisations such as Fundação Oriente.
The freedom fighters association said that these offices should be closed down, as they have been promoting dual citizenship in the state in contravention of the treaty signed between Portugal and India in 1975, wherein Portugal had acknowledged the full sovereignty of India on the territories of Goa, Daman, Diu, and Dadra and Nagar Haveli, effective from the date these territories became part of India under the Constitution of India.
Senior freedom fighter Naguesh Karmali addressing a press conference in the presence of president of the association Shyamsunder Nagvekar and secretary Chandrakant Pednekar said that the government of Portugal later amended its ‘Organic Law’ thus allowing Goans to opt for dual citizenship, and this should make government of India severe all political ties with Portugal. “In fact, Portugal, unlike Britain and France who once ruled parts of India, is unnecessarily interfering with the internal matters of Goa by continuously organising cultural events here,” he added.
Speaking further, Karmali said that the politicians are taking a serious issue such as dual citizenship lightly, while those Goans, who have registered their birth in Portugal, are well aware of what they have done. “Such anti-national people, who overnight change their citizenship like a shirt and who are much more than their estimated number of around 40,000, pose threat to the national security since they can compromise on the sovereignty of India anytime,” he observed, maintaining that the freedom fighters are not interested in the religion of such people, but want to tackle the issue by considering them as people from Goa.
The senior freedom fighter predicted that setting up of an authority as recently promised by Union Minister of State for Home Affairs Kiren Rijiju for handling the dual citizenship issue in Goa will at the most carry out investigation in the matter, but not take any related tangible action. “In fact, Article 9 of the Indian Constitution has no provision for dual citizenship and takes away all powers of a person who acquires citizenship of another country, including his or her rights to vote,” he added.
Karmali also warned that the Goa Daman and Diu Freedom Fighters Association will oppose the ongoing efforts to revive the Fontainhas Festival, and if this festival is restarted then, it would be forcibly stopped. “People already celebrate Maruti Jatra in Mala-Fontainhas area, and do not need another cultural event, especially from a country, which had destroyed the Goan culture during its 450-year colonial rule here,” he maintained.
Nagvekar, speaking on the occasion condemned successive governments in the state for fooling the freedom fighters through assurances about government jobs to their children. “What these governments have done is repeatedly relaxed the age limit of our children, for government employment and given some of them class III and class IV jobs,” he noted.
http://www.navhindtimes.in/close-down-portuguese-consulate-freedom-fighters/
Herald 8.6.16
Close Portuguese consulate, demand freedom fighters
Call dual citizenship anti-India activity; want those who have obtained Portuguese citizenship to be punished
PANJIM: The Goa Freedom Fighters Association has demanded closure of the Consulate General of Portugal at Altinho and has called the process of dual citizenship an ‘anti-India activity’. It has also demanded that Goans, who have obtained Portuguese citizenship, be punished for illegally staying in Goa.
“India should snap all (kinds of) ties with Portugal. When there is an Embassy of Portugal in Delhi, why should the consulate in Goa function? It (Portugal Consulate in Goa) should be shut down,” freedom fighter Naguesh Karmali told the media on Tuesday.
He demanded to know how Portugal could unilaterally decide to grant dual citizenship by amending the organic law in 2006 when India does not allow it under the Indian Constitution. “The government should ask Portugal to withdraw the amendment. If they don’t agree, snap ties with them and shut down the consulate in Goa,” he reiterated.
According to him, around 40,000 Goans have sought Portuguese passports while almost four lakh Goans have registered their birth in the Central Registry of Lisbon.
“After registering their birth in Portugal, they get Bill of Identity which has clearly written on it that the holder is a Portuguese citizen. How can such ‘foreign nationals’ live in India illegally? Identify and punish them as per the law of the land,” he demanded alleging that ‘Portuguese Goans’ are a security risk to India.
The association also expressed reservations about low profile government jobs being given to their kin despite being qualified. “Out of 429 vacancies created for this category, 115 have been recruited to Class III and IV grade jobs. Many are graduates but still not considered for good postings,” a freedom fighter said adding that the government should meet its assurance to fill all vacancies by the year-end.
UK decided to quit EU in historic referendum or BREXIT Poll
After 43 years, Britain finally decided to come out of EC or EU (European
Union)
17,410,742 British National said NO to EU and 16,141,241
voted to Remain in the EU.
Its about 52% LEAVE and 48% REMAIN in the EU vote.
https://www.flickr.com/photos/joegoauk8/27769916782/
What next?
If they decide to trigger Article 50 (Formal notification to European Council of its intention to leave the membership) it will take
at least 2 years from now to formally come out of the EU (European Union).
Until such time all existing EU treaty rules etc shall apply to UK except it will have no say in the decision making of EU policies etc.
Under Article 50, several modalities involved including negotiation process with the other 27 EU Member States etc and as such the two year period may not be enough to meet the deadline, UK can ask for more time which could mean it will take lot more time..
Two year mandatory period starts from the day UK invoke Article 50 and not the day on which referendum / Brexit results were declared. UK outgoing Prime Minister Cameron saying he is leaving it to his successor (new PM) which could mean up to 4 months from now.
==========================================================
Article 50 triggered on 29.3.2017
Britain leaving EU in 2 years from now
Countdown begins
===========================================================
Can Britain come out of EU bypassing Article 50 of EU Treaty?
Well, exploring other alternate quick exit routes (if any) by some pro-BREXIT groups etc cannot be ruled out.
I read somewhere (see source link) that it may be possible by invoking relevant Clause of the Vienna Convention on the Law of Treaties of the United Nations. It was said there is a provision for alternative exit route from a Treaty if there is a ‘fundamental change of circumstances’ and that UK referendum 'vote for Leave' can be deemed to constitute 'a fundamental change of circumstances’. Notice period for withdrawal in this case is 3 months or even less.
July 3,4, 2016
UK may exit EU by Spring (May) next year, PM Contender (NT dtd 4/7)
http://www.navhindtimes.in/uk-may-exit-eu-next-year-pm-contender/
LONDON: British leadership contender Andrea Leadsom said the UK could pull out of the European Union as early as next year following last week’s referendum vote to leave the bloc.
Other news quotes
Andrea Leadsom has launched her campaign to become Conservative leader and prime minister by promising to guarantee the rights of EU citizens currently living and working in the UK.
Leadsom said there could be new arrangements for people arriving in Britain after 23 June
Andrea Leadsom: Brexit negotiations will be as short as
possible
Launching her bid for Tory leadership, Leadsom says ‘not
everything needs to be negotiated before article 50 is triggered’
We now know for sure that the next Prime Minister would be a woman (Either
Andrea Leadsom or Thereza May)
Theresa May to be the next Prime Minister on 13.7.16 as Andrea pulled out from the race
==========================================================
Article 50 triggered on 29.3.2017
Britain leaving EU in 2 years from now
Countdown begins
===========================================================
UK to leave EU March 29, 2019 at 11 pm
=============================================================
It was extended till 31st October 2019
Update 15.02.2017
Caitu Silva is Indian Citizen
Ministry of Home Affair (MHA) in its ORDER dated 31.1.2017 says Caetano Silva alias Caitu is Indian Citizen and not Portuguese National
MHA under Cong in Nov 2013 said Caitu is Portuguese National
MHA under BJP in Jan 2017 said Caitu is Indian Citizen
Is this final?
Why it took such a long time to decide on the case?
Cases like this should have dealt with utmost urgency as it involve Nationality and Security issues.
It appears that even Courts did not look at it that way (seriously).
However, Cinema houses in the country are forced to play NA in the name of Nationalism
https://www.flickr.com/photos/joegoaukextra3/32770283842/
John Fernandes, the complainant, likely to challenge the order in High Court
Navhind Times Editorial 18.2.17
The new Order Establishes that Mere registration of birth records does not constitute a surrender of Nationality (?)
Click here to read/view bigger
https://www.flickr.com/photos/joegoaukextra3/32963903595/sizes/l
Old BI looks like this
Bilhete de Identidade
(National Citizen Identity Card), commonly abbreviated as BI, is the national identity card of Portugal.
Is now (since around 2010) replaced with new Cartão de Cidadão (Citizen Card) see pic above
https://www.flickr.com/photos/joegoaukextra3/28104026612/in/photostream
https://www.flickr.com/photos/joegoaukextra3/28104029242/in/photostream/
https://www.flickr.com/photos/joegoaukextra3/28104032812/in/photostream/
A debate..
Does Registration of Birth of Goans in Portugal invite Loss of Indian Citizenship??
Organised by South Goa Advocates Association at Ravindra Bhavan Margao on 27.8.16
https://www.flickr.com/photos/joegoauk73/28995072940/
Speaker were
Adv. Radhara Gracias
Adv. Cleofato Coutinho
Adv. Aires Rodrigues
Adv. Rajeev Gomes
Justice (Rtd) Nelson Britto
https://www.flickr.com/photos/joegoauk73/28662357573/in/photostream/
Video: 1
Radharao Gracias
Video: 2
Adv Cleofato Coutinho speaking
Video:3
Justice (Rtd) Nelson Britto
Video 4
Adv. Aires Rodrigues
Video 5
Adv. Rajiv Gomes
Update 20.10.16
Caitu gets High Court's relief.
MHA (Ministry of Home Affairs) in its order dated 20.11.2013 said Caitu is no longer a Citizen of India as from July 7, 2010.
But Caitu challenged the MHA order in High Court.
About 3 years later, High Court set aside the MHA order sending the case back to Competent Authority i.e. MHA for rehearing and to decide on the matter within next 3 months.
Note: It was then Cong Govt in 2013 but now BJP Govt since 2014 and Caitu is BJP Govt supporter in Goa.
Update 14.7.2018 (Brexit)
Portuguese consulate reaches out to Goans in London, TOI goa
Brexit effect
Update: August 2019
Adv. Aires Rodrigues files complaint against Goa Dy. Speaker Isidore Fernandes
Aires claims the Dy. Speaker is portuguese National since April 2014 citing a copy of Isidore's
Assento de Nascimento No.2043/2014 on 22nd April
2014.
On 13th August Adv. Rodrigues moved the Court over the
failure of the Panaji Police to act on the complaint filed by him against
Isidoro Fernandes.
On 19th August 2019 Panaji Judicial Magistrate First
Class (JMFC) Jude Sequeira has issued notices to the Panaji PI and North
Goa SP over the complaint filed by Adv. Aires Rodrigues on the Portuguese
nationality acquired by Canacona MLA and Deputy Speaker of Goa Legislative
Assembly Mr.Isidoro Fernandes. The JMFC has directed them to file their replies
on 6th September
Update:
Visiting Goa Portuguese Consulate in now by appointment only
WITH EFFECT FROM 8TH JANUARY 2018, ALL CONSULAR SERVICES
WILL BE ATTENDED BY PRIOR APPOINTMENT ONLY.”
APPOINTMENTS FOR CARTÃO DE CIDADÃO AND PASSPORT STARTED ON
5TH DECEMBER 2017
If you write for appointment now, you could get appointment after 6 months
e.g. if you BI is expiring Sept 2019 and when you request for appointment now (August 2019) for BI renewal, you could get appointment in February 2020.
However, for passport renewal you could get appointment quicker if PP already expired or 10 days before expiry date of Passport
For attestation, new passport, new BI , renewal of BI etc it could take upto 6 months or more
Fill the request for appointment form properly with complete address etc or else it may be rejected.
Also, one appt. for one service, you cannot club together two in one e.g. Renewal of Passport and ID renewal, request for appt separately. Earlier, both Passport and ID were renewed same time.
You will get an email reply within 1-2 days
If you know or have any other feedback on this (appointment) please write back so that it can be added here too.
Update Oct. 2019
Portuguese Passport Holder seeking Govt Pension in Goa
Working For Kala Academy KA for MORE THAN 10 YEARS, acquired Portuguese Passport with permission / NOC of KA and went to work in Swindon England on a long or extraordinary unpaid leave. Upon reminders from KA that his leave expiring in 4 months, he comes back and rejoins his duty. After retirement, Govt refused to pay his pension saying he is a Portuguese National with Portuguese Passport..
Update: 12.10.19
Adv. Aires Rodrigues booked in Dual Citizenship case
Details see above, update 29.1.2016
Update:
New Govt in the UK, BREXIT happening on 31.1.2020?
Update: December 2019
Controversial CAA
Citizenship Amendment Act 2019
CAA or CAB as i see it..
https://www.flickr.com/photos/joegoaukextras/49265556003/in/dateposted-public/
Update: 16 January 2020
Goa received in all 14 applications seeking Indian Citizenship of which 5 are Pakistanis and only 3 Portuguese Nationals. NT dtd 17.1.20
Looks like all applications are under process / scrutiny and none got Indian Citizenship so far.
February 8, 2020
CAA v/s Goans holding OCI
Or CAA 2019 v/s CAA 2005
I think there is unnecessary confusion created amongst the
Goans abroad who are of foreign nationality e.g Portuguese Passport holders etc
I can understand when Churchill says ‘CAA will affect
overseas Goans..’
But Adv Kalap statement “Portuguese Goans will be stranded
(post Brexit). They will not qualify in the ‘religiously persecuted’ categories
(ref. CAA 2019) so how would they reclaim their citizenship?”
And now I was also surprised to read NT editorial ‘Goans in
Dilemma’ , ‘Those seeking to return to Goa (Post Brexit) could encounter
problems in view of newer provisions in the CAA 2019..’
My say..
Those PIOs holding foreign passports are also holding OCIs
(Overseas Citizenship of India)
If they had to return back to Goa (India) for whatever
reasons they can do so and stay here as long they wish with their OCI while
keep renewing their Foreign Passport/ID Card in Goa (Portuguese Nationals).
Or if they wish to reclaim their Indian Nationality they can
do so within their own rights under CAA 2005 (section 5(1) (g) of the
Citizenship Act, 1955), if they held OCI with them for 5 years. Or if less than
5 years then just wait till it completes 5 years and that is as simple as that.
Just don’t get confused with the ongoing CAA controversy. It
has nothing to do with OCI holders or others for that matter (other than
Pakistani, Afghani and Bangladesi illegal immigrants/refugees in India)
This is my understanding, I am not a lawyer nor
constitutional expert, I could be wrong.
Prove me wrong please!
April 2020
About Goan seafarers holding OCI (reference to ongoing debate on social media)
Facts:
1. They are Portuguese Nationals
2. They are Goan (Indian) Origin, born in Goa
3. They are Overseas Citizens of India, OCI gives visa
free travel rights, unrestricted Residence rights etc
4. Other than their ships where they normally work for
9-11 months per trip or ‘viaj’, the only other home they have is their Goan
Home and..
That’s where they normally return to after end of their
viaj.
That’s where their family lives (Home is where family is)
That’s where they spend or remit money including banks
etc
In view of above, particularly Fact no.4, I feel there
should be no discrimination against any seafarers on grounds of Nationality
specially when they are part of the same crew member group.
However, if their Company or employer fails to bear the
cost of quarantine related dues or repatriation then such charges could be
recovered from the OCI seafarers (not just because they are holding OCI cards
but also they are reportedly paid higher than the Indian crew)
Pic: Celebrity in Goa, harbour
MAY 1, 2020
Those NRIs stranded abroad and wish to return back to Goa including OCI, Portuguese passport etc
The form, for info only
