Goans who took Portuguese nationality have a problem: Renewing their Indian passport

“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 said.

Without the surrender certificate, he said, he cannot apply for an Overseas Citizenship of India (OCI) card.

In the past few months, passports of at least 100 individuals in Goa, who went to surrender their Indian passports, seemingly unaware of the MEA circular, have been revoked and grant of OCI cards has been put on hold for them. The issue has caused considerable anxiety among Goans, some of whom are compelled to apply for X1-visa (entry visa).

On Monday, a delegation of people under the banner “Goans for Goa” met the commissioner for NRI affairs, urging the government to grant an amnesty period for revoked passport holders, so they could apply for an OCI card.

According to the Portuguese law, Portugal offers those born in Goa before December 19, 1961 – the day Goa was liberated from Portuguese rule – and two future generations the option of registering as Portuguese citizens.

With a Portuguese passport providing the holder visa-free entry to several countries, including the UK and the EU, many in Goa over the last few decades have been transcribing their births in the Central Registry in Lisbon and acquiring Portuguese citizenship for employment and educational opportunities available overseas. Under The Indian Citizenship Act, 1955, persons of Indian origin are not allowed dual citizenship.

Kennedy Afonso, convener, Goans for Goa, said, prior to the MEA circular of November 2022, the passport office had been issuing a penalty when someone surrendered their Indian passport and issuing a surrender certificate, which enabled the individual to apply for OCI status.

“After the circular, they started revoking passports. This circular was not put out in the public gazette or in any public domain. No amnesty period was given to people to surrender the passports. This sudden act has created uncertainty among Goans whose passports are being revoked and they have been compelled to obtain visas to stay in their land of origin… Why are people being denied the right to apply for OCI? One may revoke the passports, but one cannot revoke the origin of birth,” he said.

Afonso said a majority of people in Goa apply for Portuguese citizenship, only because they have the option to apply for 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 said.

He added, “Lakhs of people in Goa, who have only transcribed their births in Portugal…how can they be deemed as citizens of Portugal? We request that a provisional surrender certificate is granted to all who had their passports revoked.”

Requesting anonymity, a man whose passport has been revoked said: “Goa has a unique character… Portugal bestows a privilege to persons from erstwhile Portugese territory, entitling Goans to register their birth in Portugal. Many senior citizens in Goa registered their birth in Portugal, only to give an opportunity to their children for a better life in the EU countries. They do not wish to travel on a Portuguese passport at this age, but they register their births in Portugal to facilitate their children to get Portuguese passports for jobs in Europe.”

Officials said the MEA circular was issued as a consequence of a judgment of the Kerala High Court in June 2020, which held that the passport authorities do not have the power to impose penalties for violation of provisions under The Passports Act 1967, but can only launch a prosecution.

Goa BJP president and Rajya Sabha MP Sadanand Shet Tanavde raised the matter in Parliament last week, urging the MEA to reconsider the decision of revoking Indian passports, based on registration of their births in Portugal.

“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,” he said.

Tanavade said this measure is vital to facilitate their travel and ensure their wellbeing during the ‘transition period’ until their Portuguese passports are ready.

Narendra Sawaikar, commissioner for NRI Affairs, said: “We will raise the issue with the government. Ideally, some interim relief, by temporarily allowing grant of OCI cards, should be given consideration for people whose passports have been revoked.”