Indian Citizenship is singular and non-ambiguous. This means In India we do not have a concept of Dual Citizenship. You are a Citizen of India or Not. But what if you have ancestors in India? You have moved a few generations ago and settled in another country and became a citizen of a foreign country. It means now you are no more a citizen of India and if you qualify certain conditions you qualify as OCI or Overseas Citizen of India. Through MEA (Ministry of Economic Affairs of India), you may apply for an OCI Card & there are a lot of benefits attached to this Overseas Citizen of India Card Scheme.
Let’s Study in Details.
Update: 16 April 2021 – Overseas Citizen of India (OCI) cardholders will now be required to get their document re-issued only once at the age of 20 instead of multiple times needed to be done currently. Currently, the OCI card is required to be re-issued each time a new passport is issued up to 20 years of age and once after completing 50 years of age, in view of biological changes in the face of the applicant. According to the Union home ministry, a person who has got registration as OCI cardholder prior to attaining the age of 20 years will have to get the card reissued only once when a new passport is issued after his or her completing 20 years of age, so as to capture his or her facial features on attaining adulthood. If a person has obtained registration as OCI cardholder after attaining the age of 20 years, there will be no requirement of re-issue of OCI card.
OCI Card scheme is also in news recently (March 2021), because of some powers of OCI being rationalized and withdrawn. Check for those details too.
Who is an OCI?
In response to persistent demands for “dual citizenship” particularly from the Middle East, North America, and other countries and keeping in view the Government’s deep commitment towards fulfilling the aspirations and expectations of Overseas Indians, the Overseas Citizenship of India (OCI) Scheme was introduced by amending the Citizenship Act, 1955 in August 2005.
- A foreign national, who was eligible to become a citizen of India on 26.01.1950; or
- was a citizen of India on or at any time after 26.01.1950; or
- belonged to a territory that became part of India after 15.08.1947; or
- is a child or a grandchild or great-grandchild of such a citizen; or
Minor child of such persons is eligible for registration as Overseas Citizen of India (OCI). Minor children and whose both parents or one of the parents are citizens of India; or Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application are also eligible for OCI.
However, if the applicant or either of whose parents or grandparents or great grandparents is or had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.
Overseas Citizenship of India (OCI) Card
Benefits of OCI Card
- Multiple entry lifelong visa for visiting India for any purpose (However OCI Cardholders will require special permission to undertake research work in India for which they may apply the Indian Mission/ Post/ FRRO concerned).
- Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India.
- Parity with Non-Resident Indians (NRIs) in respect of all facilities available to them in economic, financial, and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
- Registered Overseas Citizen of India Cardholder shall be treated at par with Non-Resident-Indians in the matter of inter-country adoption of Indian children.
- Registered Overseas Citizen of India Cardholder shall be treated at par with resident Indian nationals in the matter of tariffs in airfares in domestic sectors in India and shall be charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India.
What OCI Card Does not offer?
It is to be noted that being an OCI cardholder does not mean the person is an Indian Citizen with all the rights and benefits as are provided to any regular Indian Citizen since the Constitution of India does not allow Dual Citizenship.
The person with an OCI card cannot vote or hold constitutional posts such as President, Vice President, and Judge of the Supreme Court, etc. Further, he cannot be a candidate for federal Parliament (Lok Sabha / Rajya Sabha) or state Legislative Assembly / Council, etc.)
An OCI cannot acquire agricultural or plantation properties in India (however he can inherit such properties).
Some points to note:
Government of India vide Official Gazette Notification No. 26011/01/2014IC dated 9th January 2015 withdrew PIO Card Scheme and all the Persons of Indian Origin cardholders registered under the scheme will be deemed to be Overseas Citizens of India cardholders.
As per the Gazette of India published on 4th March 2021, the government has restricted and asked OCIs to take special permission for certain activities to be carried out in India by an OCI. The new notification introduces a series of new restrictions that dramatically curtails the rights and liberties of OCIs in India. These include:
- to undertake research;
- involve in any Missionary or Tabligh or Mountaineering or Journalistic activities;
- go through an internship in any foreign Diplomatic Missions or foreign Government organizations in India or to take up employment in any foreign Diplomatic Missions in India;
- to visit any place which falls within the Protected or Restricted or prohibited areas as notified by the Central Government or competent authority;
The notification now equates OCIs to “foreign nationals” in respect of “all other economic, financial and educational fields for the purposes of the Foreign Exchange Management Act, 2003. Although past circulars by the Reserve Bank of India under FEMA will hold ground.
This reverses the position. For the last 16 years wherein OCIs were equated to Non-Resident Indians rather than “foreign nationals” for the purposes of their economic, financial, and educational rights. Now perhaps not so.
Official Gazette “Click Here”
Applying for OCI Card: Link
Documents for OCI Card: Link
Fees: INR 15000 if applied in India. USD375 if applied online form abroad.
Do let me know your queries on OCI Scheme or OCI card by email or through the comments section below.
Some More Links on NRI Investments:
