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Overseas Citizenship of India

Category of Indian nationality law

  • 19 min read
  • 10 chapters

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Through India, Citizenship and Constitution of India

Despite its name, OCI is not recognised as citizenship by the Republic of India or by the vast majority of nations worldwide, and it does not grant the right to vote in Indian elections or hold public office. The Indian government can revoke OCI status in a wide variety of circumstances. In addition, the OCI card is only valid with a valid foreign passport. As of 2022, there are 4 million holders of OCI cards among the Indian diaspora.

The OCI scheme was introduced by The Citizenship (Amendment) Act, 2003 in response to demands for dual citizenship by the Indian diaspora. It provides overseas citizens with many of the rights available to resident citizens.

OCI status is not available to anyone who has ever been a Pakistani or Bangladeshi citizen, or who is a child, grandchild, or great-grandchild of such a person.

History

The Constitution of India does not permit dual citizenship (under Article 9). Indian authorities have interpreted the law to mean that 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 Canada to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter.

On the recommendations of a High-Level Committee on Indian Diaspora, the Government of India decided to register Persons of Indian Origin (PIOs) of a certain category, as has been specified in the Section 7A of the Citizenship Act, 1955, as Overseas Citizenship of India (OCI) holders, by the Citizenship (Amendment) Act, 2003.

The OCI program was launched during the Pravasi Bharatiya Divas convention held in Hyderabad on 9 January 2006.

Before 9 January 2015, travelers holding an OCI card were required to carry a passport that contained the lifelong "U" visa stamp while traveling to India. This requirement was done away with that day and OCI holders no longer require the lifetime visa stamp passport. The OCI card (the blue-grey booklet) in conjunction with a valid foreign passport is sufficient to travel to and from India.

In March 2020, visa-free travel granted to OCI holders was put on hold until 15 April due to the coronavirus pandemic.

On 4 March 2021, the rights of OCI holders were slightly curtailed. To engage in certain activities or visit certain areas in India, OCI holders now require a Protected Area Permit, a requirement for PIO holders which OCI never had since its launch in 2006. Also, OCI holders living in India need to register with the Foreigners Regional Registration Officer (FRRO) via email upon every change of their permanent home address or occupation.

On 15 April 2021, the number of times OCI needs to be renewed was reduced to one, when the passport is renewed for the first time after age 20. However, every time the passport is renewed before age 20 and when the passport is renewed for the first time after age 50, a copy of the current passport along with the current passport-sized photo needs to be uploaded onto the OCI online portal. These relaxed OCI renewal guidelines reduce the administrative burden caused by multiple OCI renewals.

Comparison

Notes:

1. ^People of Indian Origin (PIO) refers to people of Indian birth or ancestry who are not citizens of India, but are citizens of other nations. Those PIOs who have availed of the Overseas Citizenship of India status through the OCI card are known as Overseas Citizens of India (OCI). The card issued to PIOs earlier known as the PIO card has been merged into the OCI card since 2015.
2. ^Overseas Citizens of India can include both PIO OCIs and non-PIO OCIs. Additionally, foreign nationals who marry Indian citizens can also avail of the OCI card and become OCI, thus non-PIO OCIs are excluded here since they are not part of the Indian diaspora.

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