Although often referred to as 'Dual
Citizenship' this is not in fact what OCI constitutes. For OCI to be
granted, the country whose citizenship the applicant possesses must
permit dual citizenship.
However, India does not support dual
citizenship itself. As a result, OCI offers rights to its holders
but not at the same extend as full Indian citizenship.
In addition, while OCI holders can
apply for full citizenship after the minimum residency requirement of
five years, they will need to surrender their citizenship of the foreign
country.
Benefits
As outlined above, OCI does not
constitute full Indian citizenship. Holders do not receive an Indian
passport, they cannot hold employment in the Indian government, and they
will not be granted the right to vote.
However, despite these restrictions, OCI does offer a wealth of benefits to successful applicants.
Unlike the Persons of Indian Origin
Card or PIO, discussed elsewhere in this section, OIC is granted for
life and again unlike the PIO card, OIC holders do not have to register
their presence with the Indian Police Authorities, even if a single
visit exceed 180 days.
The OIC route offers its holder the
right to travel to and from India, visa free for life with the freedom
to study or to seek and undertake employment.
Overseas citizens receive parity
with Indian residents in terms of economic, educational, and financial
fields, and after 5 years, with one year spent residing in India, if
they choose, they may apply for full Indian citizenship.
However, it is important to note that this would mean surrendering citizenship of the other country.
UK Immigration, Canada Immigration and Australia Immigration allow dual nationality so there are ways to tackle this.
Eligibility
Eligibility for Overseas Citizenship
of India like the PIO scheme, is based entirely on the Indian origin of
the applicant or that of qualifying members of their family.
OCI is open to anyone who, after
January 26th 1950, was either born in India, was an Indian citizen, or
was eligible to become one.
It also applies to those candidates
with a parent or grandparent who matches the description above. However,
in all cases, the applicant's country of residence must allow dual
citizenship, otherwise OCI cannot be applied for.
The scheme applies to citizens of
any Indian territories and to minors, however, candidates are not
eligible to apply if they have ever been a citizen of Pakistan or
Bangladesh.
Spouse Immigration and Dependent Immigration
Unlike the Persons of Indian Origin
scheme, OCI does not apply to the spouse of a successful applicant
unless they qualify in their own right. A foreign national who is not
eligible will not be granted based on being married to someone who is
eligible for OCI.
Foreign-born children of a Person of
Indian Origin may be eligible, so long as one of their parents is also
eligible. This is an important point to note, as the foreign-born child
of two Indian citizens would NOT be eligible.
Since Indian citizens are by
definition not eligible to apply for overseas citizenship, this would
make the foreign-born child ineligible to. However, in such a situation,
the child could apply for a PIO card. Find out further information on
our Business Visa page.
You
can begin your application today by visiting our online assessment area
and completing one of our forms. Our assessment forms are simple to use,
just answer a few straightforward questions and a consultant will be in
touch.
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