If foreign nationality is withdrawn, how to come back to india
advocatepassy@gmail.com 971794
(Querist) 16 October 2015
This query is : Resolved
An Indian born boy went to Spain and lived there with his parents(Father Spanish-mother Indian). Mother did not relinquish her Indian nationality but the boy got Spanish citizenship. Parents divorced. Mother wanted to come back with her children. Just a week prior to their departure, the boy's passport is withdrawn. He is only 12 years old. He hold certificate of surrendering his Indian nationality and a PIO card but cannot travel to India, in the absence of a valid travel documents. How can he come back and stay with his mother and other family members.
advocatepassy@gmail.com
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Anirudh
(Expert) 16 October 2015
Who withdrew the passport of the boy and on what ground?
advocatepassy@gmail.com 971794
(Querist) 16 October 2015
It must have been done by local Govt on some grounds whether they are legal or not, is beside the point. Instead of asking question, Anirudh jee, I would have appreciated if you offer some advice. I know about renunciation of Indian nationality, how foreigner can obtain Indian nationality and under what circumstances Emergency Certificate is issued to Indian national stranded abroad to travel to India.
Anirudh
(Expert) 16 October 2015
Dear Mr.Vinod Passy,
As a lawyer, I have been trained to ask pertinent questions, in order to find/provide appropriate answer to queries.
Therefore, sorry, I can be of no help in the given situation. I am saying this, in spite of knowing that I will be eternally deprived of your appreciation.
Rajendra K Goyal
(Expert) 17 October 2015
Has the mother contacted the Indian Embassy there for help and guidance?
advocatepassy@gmail.com 971794
(Querist) 17 October 2015
Yes, she has contacted but Our rules for issue of emergency certificate are for Indians stranded abroad, not foreign nationals. This boy had been abondoned by his father after he divorced his mother. She was bringing him back to India but a week before her departure, his nationality had been withdrawn. So she had to leave the child in someone's care.
P. Venu
(Expert) 17 October 2015
Obviously, the nationality was withdrawn by the Spanish authorities and law of that country applies. The lawyers in India are ill-equipped to suggest the proper solution.
advocatepassy@gmail.com 971794
(Querist) 17 October 2015
Under citizenship Act, how can he come to India even on humanitarian ground as all his family members, mother and sisters are in India. He was holding Indian nationality before as he was born in India,still holding POI (Pers
Rajendra K Goyal
(Expert) 18 October 2015
Request to help should be done to the Ministry of external affairs. Contacting political leaders / media may speed the action.
advocatepassy@gmail.com 971794
(Querist) 18 October 2015
Rajendra Goyal jee, I am from External Affairs. There is some hitch. We are trying to contact p
T. Kalaiselvan, Advocate 
(Expert) 22 October 2015
You have tried all the routes but are struck at the end whenever there is a little progress, right?
Well you may go through the contents of the section 7A, B, C and D of THE CITIZENSHIP (AMENDMENT) ACT, 2015, which will provide you some hints to solve your query.
