Becoming an Overseas Citizen of India

Becoming an Overseas Citizen of India

In the last decade, India has seen a sudden spurt in Indians moving outside India and settling in foreign countries. Further, many such Indians have renounced their citizenship and have taken citizenship of a foreign country. There is also a growth in the category of Indians who ensure that their child has taken birth in United States of America, Australia, UK, Germany, etc and later re-enter India while their child holds a foreign passport. The persons mentioned hereinabove apply for Tourist Visa generally to enter India, unaware of the fact that they or their offspring is entitled to an Overseas Citizen of India Card.

An Overseas Citizen of India Card does not confer citizenship even though it has the word in its nomenclature. The Overseas Citizen of India (OCI) is a special immigration status offered by the Government of India to individuals of Indian origin or descent who are living abroad. The scheme was introduced by the Government in 2005 through an amendment to the Citizenship Act, 1955. The OCI card aims to facilitate a stronger connection between the Indian diaspora and India. OCI status provides various rights and privileges to individuals of Indian origin, allowing them to maintain a connection with India even if they are residing or holding a passport from another country. Section 7A to Section 7D of the Citizenship Act, 1955 deals with the eligibility, rights and liabilities of an OCI cardholder.

Prior to the introduction of OCI, Persons of India Origin (PIO) was in operation. However, the PIO scheme did not find itself incorporated in any legislation or rules. It was introduced to make it easier for foreign nationals of Indian origin to enter India without undergoing the Visa process. It had very similar benefits to that of an OCI card. However, the PIO was limited to a period of 15 years and had to register with the FRO or FRRO in case their stay exceeded more than 180 days. The Government of India has been phasing out PIO. The PIO Holders can travel to India vide their PIO card until 31st December 2023. However, effective from 1st January 2024 the entry of PIO holder entry shall be refused under the card.

ELIGIBILITY:

  1. Individuals of Indian origin or descent who were citizens of India on or after January 26, 1950, or were eligible to become citizens of India at that time.
  2. Spouses of foreign origin married to eligible Indian citizens or OCI cardholders.
  3. Minor children of eligible Indian citizens or OCI cardholders.
  4. Grandchildren of eligible Indian citizens or OCI cardholders.

BENEFITS OF AN OCI CARDHOLDER

  1. OCI cardholders are granted a multiple-entry, multi-purpose visa for visiting India. However, there is special permission required from the Competent Authority of India to undertake Missionary, Mountaineering or Journalistic Activities.
  2. OCI cardholders do not need to register with the local Foreigners Registration Officer (FRO) or the Foreigners Regional Registration Office (FRRO) regardless of the duration of their stay in India.
  3. OCI cardholders can own immovable property in India, except for agricultural land, plantations, and farmhouses.
  4. OCI status grants similar benefits to Indian Nationals in terms of entrance fees for national parks, historical sites, and other public amenities.
  5. OCI cardholders cannot vote in Indian elections, hold public office, or undertake government employment.
  6. OCI cardholders have a simplified entry and exit process when travelling to and from India.

The Overseas Citizen of India (OCI) provides individuals of Indian origin with various benefits while also maintaining certain restrictions to preserve the integrity of Indian citizenship. The OCI program has played a crucial role in connecting the global Indian community with their ancestral homeland.

Need help to apply for OCI card ?

-Shravani Sharma & Shashank Kumar