Overseas
Citizenship of India
Michigan, USA, NOV 30, 2005
Upinder Makkar
Overseas Citizenship of India (OCI) 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 upto
two minor children can apply in the same Form i.e.
Form XIX. The from can be downloaded from our website
www.mha.nic.in. 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. 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, Kolkota 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 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 applicant. 4. OCI 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 have to pay a fee of US $ 25 or equivalent
in local currency instead of US $ 275 for normal
applicant. PIO card holders will have to surrender
his/her PIO card after issuance of acceptance of
application and before grant of OCI registration
certificate/visa. 5. OCI 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 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
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 our website www.mha.nic.in or visit
the website of the local Indian Mission/Post or
contact the Indian Mission/Post or Citizenship Section,
Foreigners Division, Ministry of Home Affairs, Jaisalmer
House, 26, Mansingh Road, New Delhi-110011.
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