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A foreign national, who was eligible to become citizen of India on 26 th January 1950 or belonged to a territory that became part of India after 15 th August 1947 and his/her children and grand children are eligible for registration as OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI. A person who may have been a citizen of Pakistan or Bangladesh, and is married to a person eligible for registration as OCI is not eligible for grant of OCI. However, their children are eligible as OCI. An OCI Registration Card will be issued by the Indian Missions/Posts abroad after scrutinizing the application and deciding eligibility OCI registration can be done over internet now, by filling the online form available in which following grounds have to be mentioned 1. Place of submission – in which country you are applying, And mission – in which you are. 2. Personal information such as- name, sex, date of birth, place of birth, visible mark, marital status and nationality. 3. Family details- father’s name and his nationality, mothers name and her nationality. 4. Passport details- passport no, place and date of issue. Benefits of OCI registration- (i) Multiple entry, multi-purpose lifelong visa to visit India; OCI card holder is entitled to life-long visa free travel to India (ii) Exemption from reporting to Police authorities for any length of stay in India; and

Overseas Citizenship of India

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The requirements and process to get overseas citizenship of India.the eligibility required the grounds required to acquire overseas citizenship of india the benefits of overseas citizen ship of India.

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Page 1: Overseas Citizenship of India

A foreign national, who was eligible to become citizen of India on 26 th January 1950 or belonged to a territory that became part of India after 15 th August 1947 and his/her children and grand children are eligible for registration as OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI. A person who may have been a citizen of Pakistan or Bangladesh, and is married to a person eligible for registration as OCI is not eligible for grant of OCI. However, their children are eligible as OCI. An OCI Registration Card will be issued by the Indian Missions/Posts abroad after scrutinizing the application and deciding eligibility

OCI registration can be done over internet now, by filling the online form available in which following grounds have to be mentioned

1. Place of submission – in which country you are applying, And mission – in which you are.

2. Personal information such as- name, sex, date of birth, place of birth, visible mark, marital status and nationality.

3. Family details- father’s name and his nationality, mothers name and her nationality.

4. Passport details- passport no, place and date of issue.

Benefits of OCI registration-

(i) Multiple entry, multi-purpose lifelong visa to visit India; OCI card holder is entitled to life-long visa free travel to India

(ii) Exemption from reporting to Police authorities for any length of stay in India; and

(iii) Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

(iv) OCI can be used as identity proof for application of PAN Card and driving license as well as for opening a bank account if the card holder is residing in India

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Launched in January 2006, the Overseas Indian Citizenship card scheme has turned out to be a great success which is clearly evident by the rising demand for OCI cards.

OCI scheme has been announced at the Pravasi Bhartiya Divas 2006. Since then, around 90,000 cards have been issued till date, says Vayalar Ravi, Minister of Overseas Indian Affairs.

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As for the eligibility criteria, any Person of Indian origin staying in countries that allow dual citizenship can apply for the card. An OCI card holder is allowed to enjoy all the benefits as available to any Indian citizen except for right to vote and the right to hold constitutional posts like the president, vice-president or a judge of the Supreme Court or high courts.

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Overseas citizenship of India

In response to persistent demands for dual citizenship, particularly from the North America and other developed countries, the Overseas Citizenship of India (OCI) scheme was introduced by amending The Citizenship Act, 1955 in August 2005. The scheme was launched during the Pravasi Bharatiya Divas convention at Hyderabad in 2006. 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 an actual citizenship of India 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.

However countries may consider the OCI as dual citizenship; for example, under British nationality law the UK government as per Chapter 14, Annex H, Section 7.5 of the British Nationality Act 1981 takes this position: "For the purposes of British nationality law, OCI is considered to be citizenship of another State". 

Eligibility

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

was a citizen of India on 26 January 1950 or at any time thereafter; or belonged to a territory that became part of India after 15 August 1947; or is the child or grandchild of a person described above; and has never been a citizen of Pakistan or Bangladesh; and has had no involvement in serious offences like drug trafficking, moral turpitude, terrorist

activities or anything leading to imprisonment of more than a year. Applicant's country of citizenship allows dual citizenship (even though OCI is not strictly

Indian citizenship per se). The spouse of the eligible person can apply for OCI only if he/she is eligible in his/her own

capacity. Simply being spouse of an OCI eligible person does not grant any benefits.

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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. It is very important that the person carry his 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.

When a person is registered as OCI, a lifelong ‘U’ visa sticker is placed into his passport and he gets an OCI registration booklet. And a person cannot travel to India using just the OCI booklet. It is must to carry both the OCI booklet and the passport with the “U” visa sticker. In case the passport that has “U” sticker expires, it is must to carry both the old and the new passport to travel India, if the age of the person is between the age of 21 and 50 years. And for anyone outside that age group, even though OCI is being claimed as lifelong visa, they need to apply for OCI all over again every time they get a new passport if they are under 21 years of age and once if they are over 50 years of age.

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

(i) the right to vote,(ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and

High Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or Council,(iii) Appointment to Public Services (Government Service). Also, Overseas Citizens of

India are not eligible for an Inner Line Permit, and they have to apply for a protected area permit if they want to visit certain areas in India.

(iv) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

(v) under article 58 of the Constitution for election as President;

(vi) under article 66 of the Constitution for election of Vice-President;

(vii) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

(viii) under article 217 of the Constitution for appointment as a Judge of the High Court;

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(ix) under section 16 of the Representation of the People Act, 1950 in regard to registration as a voter;

(x) under sections 3 and 4 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be;

(xi) under sections 5, 5A and 6 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the Legislative Assembly or a Legislative Council, as the case may be, of a State;

(xii) for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may by special order in that behalf specify.

Though not actual dual citizenship, the privileges afforded by acquiring an OCI card is that now multinational companies are finding it simpler to hire the OCI cardholders, who enjoy a multiple entry, multipurpose lifelong visa to visit India. The card provides a lifelong visa to the holder, sparing them the need to obtain separate work 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.

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 consulates around the world have been steadily rising with several Indian consulates grappling with a huge backlog of applications

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Renunciation of overseas citizenship under 7C of the Citizenship act

1. If any overseas citizen of India of full age and capacity makes, in the prescribed manner, a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government, and upon such registration that person shall cease to be an overseas citizen of India.

2. Where a person ceases to be an overseas citizen of India under subsection (1) , every minor child of that person registered as an overseas citizen of India , shall there upon cease to be an overseas citizen of India.

Cancellation of registration

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Cancellation of registration as overseas citizen of India . - The Central Government may, by order, cancel the registration granted under subsection 1 of section 7A if it is satisfied that-(a) the registration as an overseas citizen of India was obtained by means of fraud, false representation or the concealment of any material fact; or(b) the overseas citizen of India has shown disaffection towards the Constitution of India as by law established; or(c) the overseas citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or(d) the overseas citizen of India has, within five years after registration under sub- section (1) of section 7A has been sentenced to imprisonment for a term of not less than two years; or(e) it is necessary so to do in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public.