Overseas Citizenship of India document

 

Overseas Citizenship of India (OCI) is a type of permanent residency accessible people of Indian origin and their life partners which permits them to live and work in India endlessly. Regardless of the name, OCI status isn't citizenship and doesn't give the option to cast a ballot in Indian races or hold public office. The Indian government can disavow OCI status in a wide assortment of conditions. Starting at 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.

The OCI scheme was presented by The Citizenship (Amendment) Act, 2005 in light of requests for dual citizenship by the Indian diaspora. It gives Overseas citizens a large number of the rights accessible to resident citizens.

OCI status isn't accessible to any individual who has at any point been a Pakistani or Bangladeshi citizen, or who is a youngster, grandkid, or great grandkid of such an individual.

 

Eligibility

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

  • was a citizen of India on 26 January 1950 or whenever from that point; or
  • had belonged to a territory that became part of India after 15 August 1947; or
  • was eligible  to turn into a citizen of India on 26 January 1950; or
  • is a child or a grandchild or a great-grandchild of such a citizen; or
  • is a minor child  of such people referenced above; or
  • is a minor kid and whose both parents  are citizens of India or one of the parents  is a citizen of India; or
  • is a 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 persisted for a nonstop time of at least two years promptly going before the introduction of the application.
  • An individual, who or both of whose parents or grandparents or great grandparents  is or had been a citizen of Pakistan and Bangladesh, is ineligible for registration  as an Overseas Citizen of India.
  • An individual who has filled in as a member from any foreign military is ineligible to get an OCI card.

 

Revoking the OCI card

Beforehand, the government could drop OCI status of individuals who got it by fraud, showed demonstrations of unpatriotism, or overstepped a law culpable with no less than two years in prison before five years of having issued OCI. The Citizenship (Amendment) Act, 2019 gives the government extra ability to strip individuals of their OCI status on the off chance that they disregard any local law, regardless of whether it is a frivolous offense or a genuine crime. The new act makes the standards substantially more severe for OCI card holders. Notwithstanding, it likewise has an arrangement that gives the individual whose OCI status is in question the force of being heard by the government before they go to a decision.

 

Application

Applications for OCI must be made online at ociservices.gov.in. An individual making an application is needed to present a photo and a few identification documents to demonstrate they meet the eligibility standards, and furthermore should pay an application expense. Applications produced using outside India are charged an expense of US$275. Applications submitted in India are charged an expense of ₹15,000 (US$210).

The candidate should give evidence of their present citizenship by introducing a copy of their present passport that has a base legitimacy of something like a half year. On the off chance that the candidate is making their application while inside Indian purview, they should present a copy of an Indian visa  (other than teacher and mountaineering visa ), or a private license with something like 3 months' legitimacy. Candidates should give proof that possibly they or their parents or grandparents or great grandparents meet the eligibility criteria depicted previously. This should be possible by introducing a copy of an Indian passport, a copy of the Domicile Certificate gave by the competent authority, a copy of Nativity Certificate from the competent authority, or an OCI/PIO card of parents or life partner alongside the base papers/documents whereupon the OCI/PIO card was given. Candidates may likewise present whatever other proof that might validate their case. Ordinarily, candidates can present a certificate of residence or place of birth of self/parents/grandparents from First Class Magistrate/District Magistrate (DM) of the concerned spot.

On the off chance that the candidate refers to their Indian origin as reason for registration as OCI cardholder, they should furnish proof of their relationship with the individual referred to as parent/grandparent/great grandparent. The document of relationship could be a birth certificate given from competent authority referencing the two parents' names. In the event that the birth certificate is given by a foreign authority, it should be apostilled or embraced by the concerned Indian diplomatic mission abroad. On account of a minor kid whose parents are both Indian citizens or who has no less than one parent holding Indian citizenship, proof might involve a copy of the child's birth certificate that makes reference to its folks, a copy of Indian passport of no less than one of the parents or copy of the Domicile Certificate or Nativity Certificate given by a Competent Authority supporting the Indian origin of somewhere around one parent or some other confirmation proving the situation with no less than one parent as being either an Indian citizen or being of Indian origin. In the event that the parents are separated, a court request of disintegration of marriage which explicitly makes reference to that the legitimate authority of the kid is with the parent who is applying for the OCI card should be submitted.

Proof as life partner of foreign origin of a citizen of India or mate of foreign origin of an OCI cardholder might be given as an enlisted marriage testament. On account of life partner of an Indian citizen, a copy of the Indian passport of the mate or copy of the Domicile Certificate or Nativity Certificate gave by the Competent Authority in regard of the Indian mate or some other confirmation proving the situation with the mate similar to an Indian citizen. On account of life partner of an OCI cardholder, a copy of the present substantial passport of the companion and copy of the OCI card of the mate and copies of the documents whereupon the OCI card was given to the mate.

 

OCI Reissuance Advisory after getting a New Passport

  • For an applicant who is 19 years of age or younger, a copy of the current passport and current passport measured photograph should be re- uploaded  onto the OCI online portal  each time another passport  is given. There is no compelling reason to re-issue OCI.
  • For an applicant who is 20 to 49 years of age, OCI should be re- issued  the first run through another passport is issued after age 20.
  • For an applicant who is 50 years of age or older, a copy of the current passport  and current passport-sized photograph should be re- uploaded  onto the OCI online portal  the first run through another passport  is given after age 50. There is no compelling reason to re-issue OCI.

 

Advantages and limitations-

Overseas Citizenship of India permits a holder:

(1) Multiple entry, multi-purpose lifelong visa allowed to visit India.

(2) Exemption from registering with the Foreigners Regional Registration Officer (FRRO) of India on their appearance in the country or for any length of stay in India, except if there is a difference in permanent home address or occupation.

(3) Parity with NRIs in financial, economic, and educational fields, besides in the procurement of agricultural or plantation properties.

(4) Parity with Indian citizens for domestic airfares and admit charges into national parks, wildlife sanctuaries, national monuments, historical sites, and museums.

(5) Parity with foreign nationals for some other field not referenced in 3 and 4.

(6) Can visit India to direct research subsequent to getting a No Objection/Research Project Clearance Certificate from Ministry of Home Affairs (MHA), India and that can be applied at closest Indian Diplomatic Mission. This incorporates Scholars granted Scholarship under Fulbright or some other scheme.

OCI holders are not citizens of India according to a constitutional perspective and won't partake in the accompanying rights regardless of whether residing in India:

  • they don't reserve the right to vote,
  • they don't reserve the right to hold the offices of Prime Minister, President, Vice-President, Judge of Supreme Court and High Court, member of Lok Sabha, Rajya Sabha, Legislative Assembly, or Council.
  • they don't reserve the right to any public services (government occupations).
  • they don't reserve the privilege to put resources into farmland (agricultural  property). Nevertheless, they can in any case acquire farmland.
  • they are not eligible for an Inner Line Permit. Overseas Citizens of India need to apply for a protected area permit to play out specific activities and visit certain regions in India.

 

However not genuine dual  citizenship, the advantages managed by securing an OCI card are presently with the end goal that multi-national companies are thinking that its less difficult to recruit OCI cardholders, who partake in a multiple entry, multi-purpose lifelong visa to visit and reside  in India, saving them the requirement for grants. OCI holders are treated comparable to NRIs for economic, financial, and educational matters and need just political rights and rights to purchase agrarian or plantation properties.

Since they are absolved from registration with the Foreigners Regional Registration Officer (FRRO) on their appearance in the nation and can remain or live in India however long they wish, OCI holders can go at exceptionally a spur of the moment announcement and take up tasks in India, while others could become involved with bureaucratic postponements over their employment visa. Such countless organizations are following a functioning strategy of moving PIOs to India for business extension. Indian missions overseas are seeing a storm in OCI applications, the quantity of OCI cards gave by diplomatic missions all throughout the planet has been consistently ascending, with a few Indian diplomatic missions wrestling with an enormous overabundance of applications. However, origin from 4 March 2021, OCI holders need to register with the FRRO upon each difference in their permanent home address or occupation.

 

Research on the impacts of Overseas Citizenship of India shows three impacts:

(a) It empowers overseas citizens by giving special advantages.

(b) It influences expectations regarding advantages.

(c) It facilitates the transaction process and decreases real and anticipated expenses and dangers through exceptions from formal necessities and by filling in as true confirmation of entitlement.

Privileges of OCI holders relies on the government policy of the day, and there are cases where they are denied extra rights and conveniences stood to full Indian citizens including citizen NRIs:

  • During the 2016 Indian banknote demonetisation where non-citizens, including OCI holders, were denied rights to bring rupee notes once more into the country as opposed to starting indications.
  • OCI holders are now and again kept from acquiring admission seats at universities. In one case this limitation has been upset by a state high court.

 

OCI related incidents

  • OCI cards should be reissued periodically, despite the fact that it is named as lifelong.
  • OCI holders are not eligible for repatriation privilege from Government of India.