OCI - Dual citizenship

REGISTRATION AS OVERSEAS INDIAN CITIZENS

The Constitution of India provides for a single citizenship for the entire country. The Citizenship Act enacted by the Parliament in 1955 provides for acquisition and determination of citizenship.
The Parliament of India has enacted The Citizenship (Amendment) Act, 2003. This further amends the Citizenship Act, 1955 and provides for Overseas Indian
Citizenship or Dual CitizenshipOne of the primary reasons for allowing dual citizenship is to allow persons of Indian Origin to freely travel and invest in India among many other things..On the occasion of first Pravasi Bhartiya Diwas on 9th January 2003 , former Prime Minister Shri Atal Bihari Vajpayee had made an announcement for grant of dual citizenship to PIOs. the necessary Legislation was introduced by the Government of India in Parliament in May, 2003. On January 7th 2005 Prime Minister Manmohan Singh said the government has decided to offer dual citizenship to all overseas Indian who migrated from the country after January 26th, 1950 , as long as their home countries allow dual citizenship under their law.
The concept of dual citizenship, now phrased as Overseas Citizenship of India, will grant overseas citizenship to persons of Indian origin belonging to certain countries as well as Indian citizens who may take up the citizenship of these countries in future. At present this facility is being extended to Person of India Origin ( PIO ) of 16 specified countries, namely, Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal, Republic of Cyprus, Sweden, Switzerland, United Kingdom, United States of America.

ELIGIBILITY

The Central Government on application made in this behalf may register any person as an overseas citizen of India if;
that person is of Indian origin of full age and capacity who is a citizen of a specified country;
that a person is of full age and capacity who has obtained the citizenship of a specified countries on or after the commencement of Citizenship (Amendment) Act, 2003 and who was a citizen of India immediately before such commencement;
The person registered as an overseas citizen of India shall be an overseas citizen of India as from the date on which he is so registered.
No person who has been deprived of his Indian citizenship under this Act shall be registered as an overseas citizen of India except by an order of the central Government. For this purpose, the expression "person of Indian origin" shall mean a citizen of another country who;
was eligible to become a citizen of India at the time of the commencement of the Constitution;
belonged to a territory that became part of India after the 15th day of August, 1947; and
the children and grand-children of a person covered under clauses (i) and (ii), but does not include a person who is or had been at any time a citizen of Pakistan , Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify.

BENEFITS AND PRIVILEGES

Issuance of a registration certificate on being granted overseas citizenship.
Issuance of an overseas citizen passport.
No requirement of visa for travel to India (both passports will be required to be presented while traveling to/from India. ) .
No registration formalities for staying in the country.
No separate documentation required for admission in colleges/institutions or for taking employment.
Parity with non-resident Indian in respect of facilities available to the latter in the economic, financial and educational field. (details separately available)
Facilities as available to children of NRIs for obtaining admission to educational institutions in India , including medical colleges, engineering colleges, institute of technology, institute of management etc. under the general category.
Facilities under the various housing schemes of LIC, State Govt. and other government agencies.

CONFERMENT OF RIGHTS ON OVERSEAS CITIZEN OF INDIA

Apart from the benefits and privileges available to an Overseas Citizens of India as enumerated above, such a citizen would also be entitled to other rights which the Central Government would specify and which would be notified in the official Gazette from time to time. However, there are certain sector such as public employment, voting rights etc where the rights would not be available to overseas citizens.
An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India -
under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

under article 58 of the Constitution for election as President;
under article 66 of the Constitution for election of Vice-President;
under article 124 of the Constitution for appointment as a Judge of the Supreme Court;
under article 217 of the Constitution for appointment as a Judge of the High Court;
under section 16 of the Representation of the People Act, 1950 in regard to registration as a voter;
under sections 3 and 4 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be;
under sections 5, 5A and 6 of the Representation of the People Act, 1951 with regard to the eligibility for being a member of the Legislative Assembly or a Legislative Council, as the case may be, of a State;
for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may by special order in that behalf specify.

PROCEDURE

The application of registration as an Overseas Citizen of India ( OCI ) has to be made in the prescribed form. This form when completed should be submitted in triplicate;
In India: to the Collector within whose jurisdiction the applicant is ordinary resident for transmission to the Central Government through the State Government or Union Territory Administration, as the case may be.
Elsewhere: to the Indian Consulate/Embassy whose jurisdiction the country of which an applicant is a citizen for this for transmission to the Central Government. To commence registration process please complete the No Obligation Online Form

FEES/GOVERNMENT LEVY

The application fee for registration under the OCI Scheme is US$ 275 or its equivalent local currency. An additional amount of US $15 or its equivalent local currency towards return mailing charges and a self addressed envelope should also be sent with the application. For a family $15 as a mailing charges should be added along with the OCI fees. For PIO card holders, the fee for OCI is US$ 25 , this amount along with US$ 15/- for return mailing charges.

APPLICATION FORMS

Under the Citizenship (Second Amendment) Rules, 2004, the following application forms have been prescribed for registration as "Overseas Citizens of India" under the Citizenship Act 1955 as amended from time to time:
Form XIX for Registration under Section 7(A)(1)(a)
For a person of Indian origin who became a citizen of any of the above Specified Country before the commencement of the Citizenship (Amendment) Act 2003 on January 7, 2004Form XIX A for Registration under Section 7(A)(1)(b) For a person who obtained citizenship of any of the above Specified Country on or after the commencement of the Citizenship (Amendment) ACT 2003 and was a citizen of India immediately before such commencement.Form XIX B for Registration under Section 7(A)(1)(c) For a minor of the person who is required to fill either Form XIX or Form XIX B e: An application for registration of a minor child of overseas citizen of India under Section 7(A)(1)(c) shall include the following particulars, namely :- a. a statement whether the applicant is a parent or guardian of the child and if he is a guardian, how he became the guardian; b. a statement showing whether the child was adopted by the applicant and if so, documentary evidence to this effect; c. a statement indicating reasons for which the child is required to be registered as an overseas citizen of India .
Commence registration process by filling our No Obligation Online Form :

REGISTRATION CERTIFICATE

All applications for registration as an Overseas Indian Citizen will be processed in India . The concerned authorities would take about 4 months (only indicative) to issue the Registration Certificate which would be valid for life unless renounced/cancelled. OVERSEAS CITIZEN OF INDIA PASSPORT The Registration Certificate will form the basis for the issue of the Overseas Citizen of India Passport. Modalities in this regard are being evolved.
PIO CARDSThe scheme relating to the PIO Cards will continue to be in operation at the same time as Overseas Citizen of India Passport scheme. PIO cardholders will have the option to apply for an Overseas Citizen of India Passport. To obtain an Overseas Citizen of India Passport, PIO cardholders will have to apply for the registration process as above like other PIOs. It is eligible for the Indians who hold a foreign passport living abroad till the fourth generation. The PIO Card holder would be exempt from registration if his stay in India does not exceed 180 days . However, if the stay exceeds 180 days, the PIO Card holder will have to register within 30 days of the expiry of 180 days with the concerned Foreigners Registration Officer at district headquarters.

Cheers
sumi