Goans holding Portuguese citizenship struggle to renew Indian passport

Thomas Fernandes, who lives in Candolim in the Bardez taluka of North Goa, went to the regional passport office (RPO) in Panaji on November 29 in order to give up his Indian passport. However, his Indian passport was revoked, citing "suppressed material information" and the fact that he was already a Portuguese citizen at the time of his Indian passport renewal in 2021, The Indian Express reported.

A notice of revocation of his Indian passport was served to Fernandes, who obtained Portuguese citizenship in 2015. The notice referenced a circular issued by the Ministry of External Affairs (MEA) on November 30, 2022. According to the circular, the passports can be revoked by using Section 10 of the Passports Act, 1967, because the holders "were not eligible to obtain/apply for these passports" and the passports were obtained by concealing material information about acquiring foreign nationality.

“I was not aware of this circular. Goans have been transcribing and registering their births in Portugal for a long time, even without acquiring a Portuguese passport. Earlier, at the time of surrendering the [Indian] passport, a fine was imposed and the surrender certificate was issued,” Fernandes told the publication.

He also said he could not apply for an Overseas Citizenship of India (OCI) card without the surrender certificate.

At least 100 Goans who went to surrender their Indian passports in the last few months had their passports revoked and their applications for OCI cards placed on hold, all apparently without knowing about the MEA circular. Many Goans are extremely anxious about this matter, and some are being forced to apply for X1-visa (entry visa).

A group of people calling themselves "Goans for Goa" met with the commissioner of NRI affairs on Monday and urged the government to give those whose passports have been revoked, a grace period to apply for an OCI card.

According to Portuguese law, those born in Goa before December 19, 1961 (the day Goa was liberated from Portuguese rule) and two subsequent generations have the option of registering as Portuguese citizens.

For the past few decades, a large number of Goans have been applying for Portuguese citizenship and transcribing their births in the Central Registry in Lisbon in order to benefit from the visa-free travel and job opportunities that come with holding a Portuguese passport, which includes the UK and the EU. Dual citizenship is not permitted for people of Indian origin under the Indian Citizenship Act of 1955.

Prior to the MEA circular of November 2022, the passport office issued a penalty when someone surrendered their Indian passport and issued a surrender certificate, allowing the individual to apply for OCI status, said Kennedy Afonso, convener of Goans for Goa.

According to Afonso, passports were being revoked following the circular. This circular was not published in any public domain or public gazette, he said.

He further claimed that there was no grace period for people to turn in their passports. Because of this abrupt action, Goans are uncertain that their passports will be revoked and that they will need to apply for visas in order to remain in their country of origin, he added.

He also questioned the rationale behind depriving individuals of the opportunity to apply for OCI. He asserted that the origin of birth cannot be revoked, but passports can.

According to Afonso, the majority of Goans apply for Portuguese citizenship merely because it is an option, rather than the OCI card. “If OCI option was not there, most would not have applied for Portuguese citizenship. Our families reside in Goa. The ancestral assets and properties that we hold, which we have inherited from our forefathers and which our children are going to inherit, are in Goa,” he added.

"How can thousands of people in Goa who have only registered their births in Portugal be considered Portuguese citizens?" he continued. Everyone who had their passports revoked be given a temporary surrender certificate, he said.

According to officials, the MEA circular was issued in response to a June 2020 ruling by the Kerala High Court, which decided that the passport authorities could only pursue legal action rather than levy penalties for violating The Passports Act 1967.

Sadanand Shet Tanavde, the Rajya Sabha MP and president of the Goa BJP, brought up this issue in Parliament last week, asking the MEA to reevaluate the decision to revoke Indian passports due to the individuals' Portuguese birth registrations.

Tanadave said, “The basis of this revocation by the RPO in Goa is the birth registration in Portugal… considered as effective date of acquiring citizenship. I propose that the Ministry allow the renewal of Indian passports for these individuals until they acquire the official citizenship document from the Portuguese government.”

According to Tanavade, this step is essential to allow them to travel and guarantee their safety throughout the "transition period" while their Portuguese passports are being processed.

Commissioner for NRI Affairs Narendra Sawaikar stated that the issue will be taken up with the government. For those whose passports have been revoked, it would be ideal to provide some temporary relief in the form of OCI cards, he added.