Overseas Citizenship of India

Overseas Citizenship of India

Front Cover of an OCI registration certificate
Date first issued 2 December 2005
Issued by  India
Eligibility requirements see eligibility
Cost ₹15,000 (In India)
US$275 (abroad)

Overseas Citizenship of India (OCI) is a scheme that was introduced in response to demands for dual citizenship by the Indian diaspora, particularly in developed countries. It was introduced by the The Citizenship (Amendment) Act, 2005 in August 2005. It was launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006.[1] Indian authorities have interpreted the law to mean a person cannot have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (such as a child born in the United States or in Australia to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not actual citizenship of India[2] and thus, does not amount to dual citizenship or dual nationality. Moreover, the OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be carried by OCI holders while traveling to India.[3]

OCI Cards were formerly printed with the lifelong “U” Visa Sticker (which is normally pasted on the applicant's passport). The proof of lifelong visa is now just the OCI Card which will have “Life Time Visa” printed on it. The OCI Card will be valid with any valid passport." However, countries may consider the OCI as dual citizenship: for example, the UK government considers that, for purposes of the British Nationality Act 1981, "OCI is considered to be citizenship of another State".[4]

History

The Constitution of India does not permit dual citizenship. Per the recommendations of a High Level Committee on Indian Diaspora, the Government of India decided to register Persons of Indian Origin (PIOs) of a certain category, as has been specified in the Section 7A of the Citizenship Act, 1955, as Overseas Citizenship of India (OCI) cardholders.[5]

Physical Appearance

Indian OCI Cards have a blue cover with golden coloured printing. The Emblem of India is emblazoned in the centre of the front cover. The words 'Certificate of Registration' and 'Overseas Citizen of India' are inscribed above the Emblem whereas 'भारत गणराज्य' (Hindi) and 'Republic of India' (English) are inscribed below the emblem.

OCI identity page

Note

The OCI certificate contains a note:

“ This is to certify that the person whose particulars are given in this Certificate have been registered as an Overseas Citizen of India under the provisions of Section 7A of the Citizenship Act, 1955 ”

The note bearing page is typically stamped and signed by the issuing authority.

Eligibility

The Government of India, on application, may register any person as an Overseas Citizen of India, if the person:

No person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan or Bangladesh is eligible for registration as an Overseas Citizen of India Cardholder.[6]

Application

Applications for OCI can only be made online at passport.gov.in. A person making an application is required to submit a photograph and several identification documents to prove they meet the eligibility criteria, and also must pay an application fee. Applications made from outside India are charged a fee of US$ 275. Applications submitted in India are charged a fee of ₹15000 (US$220).

The applicant must provide proof of their current citizenship by presenting a copy of their current passport that has a minimum validity of at least 6 months. If the applicant is making their application while within Indian jurisdiction, they must submit a copy of any type of Indian visa (other than missionary and mountaineering visa), or a residential permit with at least 3 months validity. Applicants must provide evidence that either they or their parents or grandparents or great grandparents meet the eligibility criteria described above. This can be done by presenting a copy of an Indian passport, a copy of the Domicile Certificate issued by the competent authority, a copy of Nativity Certificate from the competent authority, or a OCI Card/PIO Card of parents or spouse along with the base papers/ documents upon which the OCI/ PIO card was issued. Applicants may also submit any other evidence that may substantiate their claim . Usually applicants are able to submit a certificate of residence or place of birth of self/parents/grandparents from First Class Magistrate/District Magistrate (DM) of the concerned place.

If the applicant cites their Indian origin as basis for registration as OCI Cardholder, they must provide evidence of their relationship with the person cited as parent/grandparent/great grandparent. The document of relationship could be a birth certificate issued from competent authority mentioning both parents' name. In case the birth certificate is issued by a foreign authority, it must be apostled or endorsed by the concerned Indian diplomatic mission abroad. In case of minor child whose both parents are citizens of India or one of the parents is a citizen of India, evidence can be submitted in the form of a copy of child's birth certificate, or a copy of Indian passport of at least one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of at least one parent or any other proof substantiating the status of at least one parent as being Indian citizen. If the parents are divorced, a court order of dissolution of marriage, which specifically mentions that the legal custody of the child is with the parent who is applying for the OCI card must be submitted.

Evidence as spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI Cardholder can be provided in the form of a registered marriage certificate. In the case of spouse of an Indian citizen, a copy of the Indian Passport of the spouse or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the Indian spouse or any other proof substantiating the status of the spouse as being an Indian citizen. In the case of spouse of an OCI Cardholder, a copy of the present valid Passport of the spouse and copy of the OCI Card of the spouse and copies of the documents upon which the OCI Card was issued to the spouse.[6]

Privileges

An Overseas Citizen of India will enjoy all rights and privileges available to Non-Resident Indians on a parity basis excluding the right to invest in agriculture and plantation properties or hold public office.[7] It is very important that the person carry his/her existing foreign passport which should include the new visa called ‘U’ visa which is a multi-purpose, multiple-entry, lifelong visa. It will entitle the Overseas Citizen of India to visit the country at any time for any length of time and for any purpose. Any changes to the foreign passport, should be conveyed to the Indian Embassy, so that everything will be consistent. However OCI card holders desirous of visiting India for the purpose of conducting research must obtain separately a No Objection/Research Project Clearance Certificate from Ministry of Home Affairs (MHA), India and that can applied at nearest Indian Diplomatic Mission. This includes Scholars awarded Scholarship under Fulbright or any other scheme.

Overseas citizens of India will not enjoy the following rights even if resident in India:

Though not actual dual citizenship, the privileges afforded by acquiring an OCI card is that now multi-national companies are finding it simpler to hire the OCI cardholders, who enjoy a multiple entry, multi-purpose lifelong visa to visit India. The card provides a lifelong visa to the holder, sparing them the need for permits. OCI holders are treated on par with NRIs for economic, financial and educational matters and only don’t have political rights and rights to buy agricultural and plantation properties or hold public office.[8]

Since the launch of Overseas Citizenship in 2006, the Indian government has announced some ‘additional benefits’ during its annual diaspora conference, the Pravasi Bharatiya Divas. In 2007, OCI card holders were given parity with Indian citizens abroad in the matter of inter-country adoption of Indian children, for domestic air fares and for admittance into national parks and wildlife sanctuaries. In 2009, the Ministry of Overseas Indian Affairs granted OCI card holders parity with NRIs for working as doctors, dentists, nurses, pharmacists, advocates, architects and chartered accountants. And the parity with NRIs was extended to entry fees for national monuments, historical sites and museums. Further in 2012, the privilege was added that Indian State governments should ensure that OCI registration booklets are treated as overseas citizens’ identification and included a facilitated rule for providing proof of residence.[9]

In addition, OCI cardholders who wish to gain (or regain) Indian citizenship and are willing to renounce their other citizenship are eligible to apply for Indian citizenship if they have been an OCI card-holder for the previous five years and have resided in India for at least one of those five years.[10]

They are also exempt from registration with the Foreigners Regional Registration Officer (FRRO) on their arrival in the country and can stay or live for as long as they wish. OCI cardholders can travel at very short notice and take up assignments in India, while others could get caught up in bureaucratic delays over their employment visa. Many companies are following an active policy of moving PIOs to India for business expansion. Indian missions overseas are witnessing a deluge in OCI applications, the number of OCI cards issued by diplomatic missions around the world have been steadily rising with several Indian diplomatic missions grappling with a huge backlog of applications.[11]

Research on the effects of Overseas Citizenship of India shows three effects. (a) It enables overseas citizens by granting special privileges; (b) it affects expectations about privileges; and (c) it eases the transaction process and reducing costs and risks. Regarding the latter, a special status like OCI reduces the actual and expected cost of an operation through exemptions from formal requirements and by serving as official proof of being entitled.[9]

Effect on granting British citizenship

Acquiring Overseas citizenship of India prevents British National (Overseas) and British Overseas citizens from registering as full British citizens under Section 4B of the British Nationality Act 1981 (which requires that they have no other citizenship in order to register). It does not prevent them from acquiring full British citizenship by a different method and it does not revoke their British citizenship if they have already registered under Section 4B.[12][13] The UK government considers that, for purposes of the British Nationality Act 1981, "OCI is considered to be citizenship of another State".[4]

References

  1. ↑ Overseas Citizenship of India (OCI); Ministry of Home Affairs, Government of India website, Diaspora Services: Overseas Citizenship of India Scheme
  2. ↑ Dual Nationality: India and the United States
  3. ↑ "Flying to India? Carry old passport with OCI card - Rediff.com India News". News.rediff.com. 2009-10-29. Retrieved 2013-07-03.
  4. 1 2 "Nationality Instructions, Chapter 14, Annex H, Section 7.5" (PDF). United Kingdom Border Agency.
  5. ↑ "Overseas Citizenship of India (OCI) Cardholder - Introduction" (PDF). Ministry of Home Affairs. Retrieved 16 April 2016. This article incorporates text from this source, which is in the public domain.
  6. 1 2 "Eligibility criteria" (PDF). Ministry of Home Affairs. Retrieved 16 April 2016. This article incorporates text from this source, which is in the public domain.
  7. ↑ What is the basic difference between an NRI/PIO/PIO Card Holder and an OCI? Overseas Indian Facilitation Centre, a not for profit public private initiative of Ministry of Overseas Indian Affairs (MOIA) and Confederation of Indian Industry (CII), was launched on 28 May 2007; Official Government of India portal
  8. ↑ What is the basic difference between an NRI/PIO/PIO Card Holder and an OCI? Overseas Indian Facilitation Centre, a not for profit public private initiative of Ministry of Overseas Indian Affairs (MOIA) and Confederation of Indian Industry (CII), was launched on 28 May 2007; Official Government of India portal
  9. 1 2 Daniel Naujoks. 2013. Migration, Citizenship, and Development. Diasporic Membership Policies and Overseas Indians in the United States. New Delhi: Oxford University Press.
  10. ↑ OCI FAQ - Immihelp.com
  11. ↑ OCI cardholders are hot for Indian assignments; 15 Nov 2009, Ishani Duttagupta, ET Bureau; The Economic Times; India, Growing demand among NRIs to become overseas citizens of India; 24 Mar 2009, IANS; The Economic Times, India
  12. ↑ Archived 17 October 2005 at the Wayback Machine.
  13. ↑ "Press Release Services - News Release Distribution Services - PRWeb". Emediawire.com. Retrieved 2013-07-03.

External links

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