IMMIGRATION LAWS

Overseas Citizen of India

Introduction

Indian Constitution does not permit dual citizenship i.e. holding simultanously citizenship of India and that of foreign country. The following categories emerge in context of  present discussion:

NRI: He is an Indian citizen who is ordinarily residing outside India and holds an Indian Passport. All benefits are available to them subject to notifications issued by Government from time to time. They do not require visa to visit India. He  can undertake all the activities.

PIO: A person whose ancestors are Indian and he himself is foreign citizen and is holder of foreign passport. They require visa to visit India. He can undertake activities specified in his visa.

OCI: Government of India has decided to grant Overseas Citizenship of India (“OCI”). OCI was introduced by amending Citizenship Act of India, 1955 in 2005. The scheme provided for registration of OCI. The Persons of Indian Origin (“PIO”) of certain specified category as specified in Section 7A of the Citizenship Act, 1955 are eligible for registration as an OCI. The application for an OCI can be made online. The OCI however differ as they are not granted political rights or right to equality granted under article 16 of the Constitution. Persons registered as OCI are not granted the following:

• Voting rights
• Election to LS and RS; LA and LC
• Holding post of President Vice President Judge of SC and HC

It is mandatory for an OCI to carry passport with Universal Visa Sticker for entry and exit from India.

The present discussion revolve around OCI.

Documentation required for an application under OCI

(a)           Proof of present citizenship

(b)           Evidence of Self or parents or grandparents being eligible to become citizen of India at the time of commencement of Constitution or evidence that they are part of the territory of India which became part of India after August 15, 1947 or evidence of copy of their passport or copy of domicile certificate issued by a competent authority or any other proof substantiating the evidence.[1]

(c)            If OCI is to be granted on the basis of birth or educational certificate, then the evidence of relationship with as parent/ grand parent.

(d)           PIO card holders are required to submit copy of their PIO card.

It is not necessary for applicant of an OCI to submit the application in person. The application can be submitted in:

• In the country where the applicant is citizen-Indian Mission/Post
• If the applicant is not in the country of his Citizenship –then with Indian Mission/Post where he is residing at present
• If the applicant is in India-FRRO of Amritsar, Bangalore, Kozikode,Chennai, Kochi, Delhi Goa, Hyderabad, Lucknow, Kolkata, Mumbai Thiruvanthapuram as per the specified jurisdiction.

General Information

The general information pertaining to registration as an OCI are:

 Consequence of furnishing wrong information: Any wrong information furnished in the application to register as an OCI can result in banning of an individual in India.

Time for registration as an OCI: The time taken for registration as an OCI is generally 30-120 days depending on adverse report, if any of the applicant.

Fees of an OCI: The processing fee is the non-refundable component of the fees.

Outcome of Registration as an OCI: A registered OCI gets a registration certificate in the form of a booklet and an OCI ‘U ‘visa sticker to be pasted on foreign passport of the applicant.

Status of Citizenship after registration as an OCI: After registration as an OCI, the applicant will not loose his citizenship and such applicant who are holder of OCI for 5 years and are resident of India in one of the 5 years are eligible for Citizenship of India as well. OCI is not granted to people who are foreign nationals and who are married to people who are eligible for an OCI.

Renunciation of an OCI: The status of  OCI can be renounced as well.

Conclusion

So, it is important to note that the Indian government's Overseas Citizens of India (OCI) and Person of Indian Origin (PIO) programs are often incorrectly described as offering "dual nationality" or "dual citizenship." This is not true, as India does not recognize dual citizenship. The OCI and PIO programs do offer card holders some travel and residency privileges. 

[This blog is authored by Jyoti Srivastava Partner Legal Imperials and is informative in nature only. Please write to us info@legalimperials.com for specific queries]

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[1] This includes certificate of birth or residence of self/parents/grandparents from First Class Magistrate or District Magistrate. Other proofs include agricultural land certificate, birth certificate and school certificate etc. is duly considered.