Overseas Citizen Of India

Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder 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 is also eligible for registration as OCI cardholder. However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.

Foreign nationals cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. Moreover, the foreigner has to be ordinarily resident of India to be eligible to apply for OCI registration in India.

Note: ‘ordinarily resident’ will mean a person staying in a particular country or in India for a continuous period of 6 months.

Overseas citizenship of (India)

• A foreign citizen of Indian origin is given the permission of immigration to live and work in the Republic of India, this is known as Overseas Citizenship of India.
• It was introduced for the purpose of granting dual citizenship.
• It was brought into light from The Citizenship (Amendment) Act, 2005.
• People with Overseas Citizenship of India are permitted from certain rights

1. No right to vote.
2. No right to hold constitutional offices
3. No right to buy agricultural properties

Requirements to apply and use Overseas Citizenship of India document

1.  Citizenship
2. Should be a holder of a passport of another country

Previously citizens of India were not permitted to hold dual citizenship and this provision was laid down by the Constitution of India. Thus, a person was not permitted to hold any other countries passport with an Indian passport.

• This provision raises many problems, thus High-Level Committee on Indian Diaspora recommended the Government of India to provide Overseas Citizenship of India as specified in the Section 7A of the Citizenship Act, 1995.
• Earlier travelling required the travellers of Overseas Citizenship of India card to carry a passport and it should have a lifetime visa.  But this provision was rejected and it is not mandatory to carry.

Eligibility

A person is eligible to get registered as Overseas Citizenship of India by the Government of India under certain conditions.

• Should be a citizen of India as per dated on 26th of January 1950 or after the date stated.
• The person’s grandfather or grandparents should be a citizen of India.
• When the person’s grandfather or grandparents are a citizen of India and the person is a minor child.
• When a person’s both parents are a citizen of India or either of the parents is a citizen of India and the person is the minor child.
• When the person’s spouse is of foreign origin of a citizen of India or holder of Overseas Citizen of India and the marriage has been registered for more than two years.
• Exception: if the person’s either parents or grandparents or great grandparents had or having the citizenship of Pakistan or Bangladesh, is eligible for registration under Overseas Citizen of India

Application 

Application for Overseas Citizenship of India is submitted online.

• A person while submitting the application for Overseas Citizenship of India has to attach a photograph of him/ her in the application.
• It is mandatory for the person to produce all the documents required for verification, to prove the eligibility criteria.
• The person is required to submit the application fee.
• Application submitted outside of India is charged with the amount of US$275
• The application submitted inside India is charged with the amount of Rs. 15,000
• The person is required to produce the proof of citizenship he is currently possessing and in addition, he needs to produce a photocopy of the passport. And the passport must be having the validity of six months at least
• If the application made by the person is within the Indian jurisdiction, then it is mandatory for him to submit a photocopy of the Indian visa.
• The person is required to produce the proof that either of his/her parents or grandparents or great grandparents are the citizens of India.
• The person needs to produce a photocopy of the Indian visa, photocopy of the Domicile Certificate, photocopy of the Nativity Certificate of either of his/her parents or grandparents or great grandparents.
• If the above-stated documents produced are checked and the basis of Indian origin is proved then the person is required to show that the relationship stated above is a lawful relationship.
• The documents required to prove the relationship can be a birth certificate in which both the parent’s identity is mentioned.

Renewal

• Till the completion of 20years of age, a new passport is to be issued.
• After attaining the age of 50years it is required to re-issue the Overseas Citizen of India registration certificate as well as the visa.
• For the person’s between the age of 21 to 50, It is not mandatory to re-issue the document of Overseas Citizen of India to get the new passport.

 Privileges

• The Overseas Citizen of India cardholders are given multiple-entry, multi-purpose visa forever.
• their period of stay in India is not restricted.
• Uniformity is provided to the non-resident Indians in the matter of financial, economic, and educational fields.
• Uniformity is maintained between the non-resident Indians and resident Indians in the domestic Airfares.
• The non-resident Indians are given the right to employment in private sectors.
• Overseas Citizen of India cardholders are exempted from producing employment visa and for registration with Overseas Citizen of India Foreigners Regional Registration Officefor the job.
• OCI holders are exempted to apply for the Inner Line Permit or Protected Area Permit. They are allowed to travel around any part of India.

Disadvantages of OCI Card

• The OCI cardholders do not have the right to vote.
• The OCI cardholders are exempted from the right to hold the office of Prime Minister, President, Vice-President, Judge of the Supreme Court and the High Court, member of Lok Sabha, Rajya Sabha, Legislative Assembly, or Council.
• The OCI cardholders are exempted from the right of employment in government sectors.
• The OCI cardholders have no right of acquisition of agricultural or plantation properties.

Cancellation of OCI card 

The existing registration of OCI can be cancelled through the provisions of Section 7D of the Citizenship Act,1995. The Government of India has the right to cancel the OCI if it has been obtained by false representation or concealment of facts.

The followings are the conditions in which OCI is cancelled according to  Section 7D of the Citizenship Act,1995

• If the registration was based on the facts of false representation, concealment of facts and the OCI was obtained.
• If the OCI cardholder’s action is not according to the law established by the Constitution of India.
• During any war relating to India, if it is found that any OCI cardholder was involved with the enemies and had unlawful communication or any trade or business that helped the enemy during the course of the war.
• If an OCI cardholder is sentenced with imprisonment for a term not less than two years.

Renunciation of OCI 

When the person has registered for OCI document, but they find it necessary to abstain from it and withdrawal the application, then renunciation of OCI is done. The provisions followed in the procedure of renunciation of OCI are laid down in Section 7C of the Citizenship Act.

According to Section 7C of the Citizenship Act

• When an overseas citizen of India who has attained the age of capacity decides to renounce his overseas citizenship of India, then he can do so on registration before the Central Government. And after the registration, the person would cease to be a citizen of India.
• After the renounce of the person, the minor child of the person would cease to be a citizen of India