Citizenship/PIO Info
Q: Is OCI same a Indian Citizenship ?
A: First of all, there is misconception that OCI (Overseas citizenship of India) is same as Indian citizenship. This is not true. This is more equivalent to getting an Indian green card with relaxed minimum stay benefits because:
You do not get an Indian passport but OCI card.
You can not fight an election to Lok Sabha/Rajya Sabha/Assembly etc.
You can not vote in an indian election.
You can not hold constitutional posts such as President, Vice President,Judge of supreme or high court.
But otherwise OCI does have many advantages:
You get multiple entry life long multi purpose visa to India
You do not have to reporst to police authorities in India for any length of stay in India.
There are many financial, educational and economic benefits
An OCI can apply for Indian citizenship if he has been OCI for five years and has been residing in India for one of the five years before making application. However again you will have to give-up your foreign citizenship.
Q: Is OCI better than PIO card?
A: Yes, most of OCI is entitled to life long visa-free travel to India while PIO cardholders are limited to 15 years.
OCI do not have to register with Indian police for any length of stay whereas PIO cardholder is required to register for a single stay exceeding 180 days in India.
Following info from Indian embassy.
1.
Eligibility criteria:
A foreign national, who was eligible to become citizen of India on
26.01.1950 or was a citizen of India on or at anytime after 26.01.1950
or belonged to a territory that became part of India after 15.08.1947
and his/her children and grand children, provided his/her country of
citizenship allows dual citizenship in some form or other under the
local laws, is eligible for registration as Overseas Citizen of India
(OCI). Minor children of such person are also eligible for OCI. However,
if the applicant had ever been a citizen of Pakistan or Bangladesh,
he/she will not be eligible for OCI.
2. Application form and
procedure:
A family consisting of spouses and up to two minor children can apply in
the same Form i.e. Form
XIX. The form can be downloaded from website
www.indianembassy.org. The following documents shall be enclosed
with each application:
1. Three additional stamp size photographs.
2. Proof of citizenship of applicant (s)
3. Evidence of self or parents or grand parents
(a) being eligible to become a citizen of India at the time of
commencement of the Constitution; or
(b) belonging to a territory that became part of India after 15th
August, 1947; or
(c) being citizen of India on or after 26th January, 1950
these are:-
(i) Copy of the passport (or)
(ii) Copy of the domicile certificate issued by the
Competent authority (or)
(iii) Any other proof (or)
(iv) Affidavit
4. Evidence of relationship as parent/grand parent, if their Indian
origin is claimed as basis for grant of OCI.
5. Proof of fee payment
US $ 275 for each applicant or equivalent in local currency (US $ 25 or
equivalent in local currency for each PIO card holder). The fee has to
be paid in the form of cash/Money Order at the counter or Cashier’s
cheque by mail.
6. PIO card holders must also submit a copy of their PIO card.
The application form completed in all respects along with enclosures
should be submitted in duplicate to the Indian Mission/Post of the
country of applicant’s citizenship or where he/she is not in the country
of citizenship to the Indian mission/post of the country in which he/she
is ordinarily resident. If the applicant is in India, he/she can apply
to the Foreigners Regional Registration Officer (FRRO) at Delhi, Mumbai,
Kolkata or Amritsar or Chief Immigration Officer (CHIO) Chennai or to
the Under Secretary, Citizenship Section, Foreigners Division, Ministry
of Home Affairs (MHA), Jaisalmer House, 26 Mansingh Road, New
Delhi-110011.
3. Procedure for granting
registration:
After preliminary scrutiny, if there is no adverse information available
against the applicant, the Indian Mission/Post shall register a person
as OCI within 15 days of application and the case shall be referred to
the Ministry of Home Affairs (MHA), New Delhi for post verification of
the antecedents of the applicant. If during the post verification, any
adverse information comes to the knowledge of the MHA, the registration
as OCI already granted by the Indian Mission/Post shall be cancelled by
an order under section 7 D of the Citizenship Act, 1955.
After preliminary scrutiny, if there is any adverse information against
the applicant, prior approval of MHA, New Delhi shall be required before
grant of registration. MHA may approve or reject the grant of
registration within 90 days from the date of the receipt of the
application. If the grant of registration as OCI is approved by MHA, the
Indian Mission/Post shall register the person as OCI.
If the application is filed in India, registration shall be granted by
MHA by following the above procedure.
After grant of
registration, a registration certificate in the prescribed format will
be issued and a multiple entry, multi-purpose life long OCI ‘U’ visa
sticker will be pasted on the foreign passport of the application.
4. OCI registration for
PIO card holders:
PIO card holders who are
otherwise eligible for registration as OCI may apply in the same Form
i.e. Form
XIX and they will be considered for grant of registration in the
same manner as other applicants. PIO card holders will have to pay a fee
of US$ 25/- or equivalent in local currency instead of US $ 275 for
normal applicant. PIO cardholders will have to surrender his/her PIO
card after issuance of acceptance of application and before grant of OCI
registration certificate/visa.
5. OCI registration for
persons who have applied on the earlier prescribed application form:
All such applications will be considered for grant of OCI on the same
line as in para 3 above without seeking fresh application and fees.
6. Cancellation of OCI
registration:
If it has been found that the registration as an OCI was obtained by
means of fraud, false representation or concealment of any material fact
or the registered OCI has shown disaffection towards the Constitution of
India or comes under any of the provisions of section 7D of the
Citizenship Act, the registration of such person will not only be
cancelled forthwith but he/she will also be blacklisted for visiting
India.
7. Benefits to OCI:
Following benefits will accrue to OCI:
(i) A multiple entry, multi-purpose life long visa for visiting India.
(ii) Exemption from registration with local police authority for any
length of stay in India.
(iii) Parity with Non-resident Indians (NRIs) in respect of economic,
financial and educational fields, except in relation to acquisition of
agricultural or plantation properties.
Any other benefits to OCIs will be notified by the Ministry of Overseas
Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.
8. Benefits to which OCI
is not entitled to:
The OCI is not entitled to vote, be a member of Legislative Assembly or
Legislative Council or Parliament, cannot hold constitutional posts such
as President, Vice President, Judge of the Supreme Court or High Court
etc. and he/she cannot normally hold employment in the Government.
9. Help Desk
For any clarification/query on the scheme, please visit the website
www.mha.nic.in or
visit the website
www.indianembassy.org
or contact the Indian Mission/Post or Citizenship Section, Foreigners
Division, Ministry of Home Affairs, Jaisalmer House, 26 Mansingh Road,
New Delhi-110011.
Frequently Asked
Questions (FAQs)
On Overseas Citizenship of India (OCI) Scheme
1. Who is eligible to
apply?
A foreign national, who was eligible to become citizen of India on
26.01.1950 or was a citizen of India on or at anytime after 26.01.1950
or belonged to a territory that became part of India after 15.08.1947
and his/her children and grand children, provided his/her country of
citizenship allows dual citizenship in some form or other under the
local laws, is eligible for registration as Overseas Citizen of India
(OCI). Minor children of such person are also eligible for OCI. However,
if the applicant had ever been a citizen of Pakistan or Bangladesh,
he/she will not be eligible for OCI.
2. Who was eligible to
become Citizen of India on 26.01.1950?
Any person who or either of whose parents or any of whose grand-parents
was born in India as defined in the Government of India Act, 1935 (as
originally enacted), and who was ordinarily residing in any country
outside India was eligible to become citizen of India on 26.01.1950.
3. Which territories
became part of India after 15.08.1947 and from what date?
The territories, which became part of India after 15.08.1947 are:
(i) Sikkim from 26.04.1975
(ii) Pondicherry from 16.08.1962
(iii) Dadra & Nagar Haveli from 11.08.1961
(iv) Goa, Daman and Diu from 20.12.1961
4. Can the spouse
of the eligible person apply for OCI?
Yes, if he/she is eligible in his/her own capacity.
5. Can children of
parents, wherein one of the parents is eligible for OCI, apply for OCI?
Yes.
6. In what form should a
person apply for OCI and where are they available?
A family of spouses and up to 2 minor children can apply in the same
form i.e. Form
XIX, which can be downloaded from the website
www.indianembassy.org or
www.mha.nic.in.
7. Can application form
be filled and submitted on line?
No. For the present, applications form has to be submitted by hand/mail
to the Indian Mission/Post.
8. What documents have to
be attached with the application?
The following documents shall be enclosed with each application:
(1) Three additional stamp size photographs
(2) Proof of citizenship of applicant(s)
(3) Evidence of self or parents or grand parents
(a) being eligible to become a citizen of India at the time of
commencement of the Constitution; or
(b) belonging to a territory that became part of India after 15th
August, 1947; or
(c) being citizen of India on or after 26th January, 1950,
these are :–
(i) Copy of the passport (or)
(ii) Copy of the domicile certificate issued by the Competent authority
(or)
(iii) Any other proof (or)
(iv) Affidavit
(4) Evidence of relationship as parent/grand parent, if their Indian
origin is
claimed as basis for grant of OCI.
(5) Proof of fee payment US$ 275/- for each applicant or equivalent in
local currency (US$ 25/- or equivalent in local currency for each PIO
card holder).
(6) PIO card holders must also submit a copy of their PIO card.
9. What documents would
qualify for “Any other proof” for evidence of self or parents or grand
parents being eligible for grant of OCI?
Any documentary evidence by which the officer equivalent to Under
Secretary to the Government of India in the Indian Mission/Post can
diligently arrive at the decision.
10. How many copies of
application have to be submitted?
Application has to be submitted in duplicate.
11. Whether applicant(s)
have to go in person to submit the application (s)?
No. Application (s) can be sent by post.
12. Do the applicant (s)
have to take oath before the Counsel of the Indian Mission/Post?
No. Earlier provision in this regard has been done away with.
13. Where to submit the
application?
To the Indian Mission/ Post of the country of citizenship of the
applicant. If the applicant is not in the country of citizenship, to the
Indian Mission/Post of the country where he is ordinarily residing. If
the applicant is in India, to the FRRO Delhi, Mumbai, Kolkota or
Amritsar or to CHIO, Chennai or to the Under Secretary, Citizenship
section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer
House, 26, Mansingh Road, New Delhi-110011.
14. Can a person apply in
the country where he is ordinarily residing?
Yes.
15. What are the
consequences of furnishing wrong information or suppressing material
information?
All the applications will be subject to pre or post enquiry depending on
whether any adverse information is available or not. If the Government
comes to the knowledge that any false information was furnished or
material information was suppressed, the registration as OCI already
granted shall be cancelled by an order under section 7D of the
Citizenship Act, 1955. The persons will also be blacklisted banning
his/her entry into India.
16. What is the fee for
application for registration as OCI?
US$ 275/- or equivalent in local currency for each applicant. In case of
PIO card holder, US $ 25 or equivalent in local currency for each
applicant.
17. What is the time
taken for registration as OCI?
Within 15 days of the application, if there is no adverse information
available against the applicant. If any adverse information is available
against the applicant, the decision to grant or otherwise is taken
within 3 months
18. If the registration
as OCI is not granted, what amount will be refunded?
An amount of US$ 250/- or equivalent in local currency shall be
refunded, if registration is refused. US $ 25 is the processing fees,
which is non-refundable.
19. Can a PIO cardholder
apply?
Yes, provided he/she is otherwise eligible for grant of OCI like any
other applicant.
20. Will the PIO
Cardholder be granted OCI registration gratis?
No. He/she has to make a payment of US $ 25 or equivalent in local
currency along with the application.
21. Will the PIO card be
honored till the time they are valid even after acquisition of OCI?
No. The PIO card will have to be surrendered to Indian Mission/MHA for
grant of OCI registration certificate and OCI ‘U’ visa sticker.
22. What will be issued
after registration as OCI?
A registration certificate in prescribed format will be issued and a
multiple entry, multi-purpose OCI ‘U’ visa sticker will be pasted on the
foreign passport of the applicant. For this purpose, the applicant has
to send the original passport to the Indian Mission/Post after receipt
of the acceptance letter/OCI registration certificate.
23. Will a separate OCI
passport be issued?
No.
24. Will a duplicate
certificate of registration as OCI be issued?
Yes. For this purpose, an application has to be made to the Indian
Mission/Post with evidence for loss of certificate. In case of
mutilated/damaged certificate an application has to be made enclosing
the same. The applications in both the cases have to be made to the same
Indian Mission/ Post which issued the certificate along with payment of
fee of US$ 25/- or equivalent in local currency.
25. Will a new OCI visa
sticker be issued on the new foreign passport after the expiry of the
old passport?
Yes. On payment of requisite fee, a new OCI ‘U’ visa sticker will be
issued. However, the applicant can continue to carry the old passport
wherein OCI ‘U’ visa sticker was pasted along with new passport for
visiting India without seeking a new visa, as the visa is for lifelong.
26. Will the applicant
lose his citizenship after registering as OCI?
No. As only citizens of the country which allows dual citizenship under
the local laws in some form or the other are eligible for applying for
registration as OCI, losing foreign citizenship does not arise.
27. Can a person holding
OCI travel to protected area/restricted area without permission?
No. He/she will be required to seek Protected Area Permit (PAP)/
Restricted Area Permit (RAP) for such visits.
28. Would the Indian
civil/criminal laws be applicable to persons registered as OCI?
Yes. For the period, OCI is living in India.
29. Can a person
registered as OCI be granted Indian citizenship?
Yes. As per the provisions of section 5(1) (g) of the Citizenship Act,
1955, a person who is registered as OCI for 5 years and is residing in
India for 1 year out of the above 5 years, is eligible to apply for
Indian Citizenship.
30. Will OCI be granted
gratis to certain categories of people?
No.
31. Can OCI be granted to
foreign nationals who are not eligible for OCI, but married to persons
who are eligible for OCI?
No.
32. Will foreign-born
children of PIOs be eligible to become OCI?
Yes, provided one of the parents is eligible to become OCI.
33. What are the benefits
of OCI?
Following benefits will be allowed to OCI:
(a) Multi-purpose, multiple entry, lifelong visa for visiting India.
(b) Exemption from registration with local police authority for any
length of stay in India.
(c) Parity with NRIs in respect of economic, financial and education
fields, except
in matters relating to the acquisition of agricultural/plantation
properties.
34. Will any other
benefit be granted to OCI?
Any other benefits to OCI will be notified by the Ministry of Overseas
Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.
35. Whether the OCI is
entitled to voting rights?
No.
36. Whether the OCI is
entitled to hold a constitutional post in India?
No.
37. Whether the OCI is
entitled to hold Government posts in India?
No, except for the posts specified by an order by the Central
Government.
38. If a
person is already holding more than one nationality, can he / she apply
for OCI?
Yes, as long as the local laws of at least one of the countries allow
dual citizenship in some form or other.
39. What are the
advantages of OCI when compared to PIO cardholders?
(i) OCI is entitled to life long visa free travel to India whereas for
PIO cardholder, it is for 15 years.
(ii) PIO cardholder is required to register with local Police authority
for stay exceeding 180 days in India on any single visit whereas OCI is
exempted from registration with Police authority for any length of stay
in India.
40. Whether an OCI be
entitled to apply for and obtain a normal Indian passport which is given
to a citizen of India?
No. Indian Passport is given only to an Indian citizen.
41. Whether nationals of
Commonwealth countries are eligible for OCI?
Yes, if they fulfill the eligibility criteria.
42. Can a person renounce
OCI?
Yes. He/she has to declare intention of renunciation in Form
XXII to the Indian Mission/Post where OCI registration was granted.
After receipt of the declaration, the Indian Mission/Post shall issue an
acknowledgement in Form
XXII A.
43. Do the applicants who
have applied
on the earlier prescribed application form have to apply again in the
new form?
No. All such applications will be considered for registration as OCI
without seeking fresh application and fee.