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1. Who is
eligible to apply?
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. Who was eligible to become Citizen of India on
26.01.1950?
Any person who or either of whose parents or any of whose grand-parents was born
in India as defined in the Government of India Act, 1935 (as originally
enacted), and who was ordinarily residing in any country outside India was
eligible to become citizen of India on 26.01.1950.
3. Which territories became part of India after
15.08.1947 and from what date?
The territories,
which became part of India after 15.08.1947 are:
(i) Sikkim from
26.04.1975
(ii)
Pondicherry from 16.08.1962
(iii) Dadra &
Nagar Haveli from 11.08.1961
(iv)
Goa, Daman and Diu from 20.12.1961
4. Can the spouse of the eligible person apply for
OCI?
Yes, if he/she is
eligible in his/her own capacity.
5. Can children of parents,
wherein one of the parents is eligible for OCI, apply for OCI?
Yes. They are eligible.
6. In what form
should a person apply for OCI and where are they available?
A family of spouses and
up to 2 minor children can apply in the same form i.e. Form
XIX,
which can be downloaded from the website:
www.mha.nic.in.
7. Can application form be filled and
submitted on line?
For the present,
applications form has to register online with
http://www.mha.nic.in/oci/oci-main.htm . A
reference number will be assigned to you by the computer upon completing the
online registration. The same form has to been downloaded and the hard copy has
to be be submitted in person at the Consulate.
8. What documents have
to be attached with the application?
The following documents
shall be enclosed with each application:
(1) Three
additional 35 mm x 35 mm size photographs
(2) Proof of citizenship of applicant(s)
(3) Documentary 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 of India (on 26th of
January, 1950); or (b) belonging to a territory that became part of India after
August 15, 1947; ]. The acceptable documents in this regard are :
(i) Notorized copy of the passport (or)
(ii) Copy of the domicile certificate issued by the Competent
authority
(4)
Evidence of relationship as parent/grand parent, if their Indian origin is
claimed as basis for grant of OCI.
(5) Fee payment
SR 1035/- for each applicant (SR 95/- for each PIO holder) No personal cheques
will be accepted.
(6) PIO
card holders must also submit a copy of their PIO card.
9. How many copies of application have to be
submitted?
Application has to be submitted in duplicate.
10. Whether applicant(s) have to go in person
to submit the application (s)?
Yes.
11. Do the
applicant (s) have to take oath before the Counsel of the Indian Mission /Post
?
No. Earlier provision in this regard has been done away with.
12. Where to
submit the application?
To the Indian Mission/
Post of the country of citizenship of the applicant. If the applicant is not in
the country of citizenship, to the Indian Mission/Post of the country where he
is ordinarily residing. If the applicant is in India, to the FRRO Delhi, Mumbai,
Kolkota or Amritsar or to CHIO, Chennai or to the Under Secretary, Citizenship
section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer House,
26, Mansingh Road, New Delhi-110011.
13. Can a
person apply in the country where he is ordinarily residing?
Yes.
14. What are the consequences of furnishing
wrong information or suppressing material
information?
All the applications
will be subject to pre or post enquiry depending on whether any adverse
information is available or not. If the Government comes to the knowledge that
any false information was furnished or material information was suppressed, the
registration as OCI already granted shall be cancelled by an order under section
7D of the Citizenship Act, 1955. The persons will also be blacklisted banning
his/her entry into India.
15. What is the fee for application for registration as OCI?
SR 1035/- for
each applicant. In case of PIO card holder, SR 95/- for each applicant.
16. What is the time taken for registration as OCI?
Within 15 days of
the application, if there is no adverse information available against the
applicant. If any adverse information is available against the applicant, the
decision to grant or otherwise is taken within 3 months
17. If the registration as OCI is not granted,
what amount will be refunded?
An amount of SR
940/- shall be refunded, if registration is refused. SR 95 is the processing
fees, which is non-refundable.
18. Can a PIO
cardholder apply?
Yes, provided he/she is
otherwise eligible for grant of OCI like any other applicant.
19. Will the PIO Cardholder be granted OCI
registration gratis?
No. He/she has to
make a payment of SR 95 or equivalent in local currency along with the
application.
20. Will the PIO card
be honored till the time they are valid even after acquisition of OCI?
No. The PIO card will
have to be surrendered to Indian Mission/MHA for grant of OCI registration
certificate and OCI ‘U’ visa sticker.
21. What will be issued after registration as OCI?
A registration
certificate in prescribed format will be issued and a multiple entry,
multi-purpose OCI ‘U’ visa sticker will be pasted on the foreign passport of the
applicant. For this purpose, the applicant has to send the original passport to
the Indian Mission/Post after receipt of the acceptance letter/OCI registration
certificate.
22. Will a separate OCI passport be issued?
No.
23. Will a duplicate certificate of registration as
OCI be issued?
Yes. For this
purpose, an application has to be made to the OCI Cell, CGI, New York with
evidence for loss of certificate. In case of mutilated/damaged certificate, an
application has to be made enclosing the same. The applications in both the
cases have to be made to the same Indian Mission/ Post which issued the
certificate along with payment of fee of SR 95/- or equivalent in local
currency.
24. Will a new OCI visa sticker be issued on the
new foreign passport after the expiry
of the old passport?
Yes. On payment of
requisite fee, a new OCI ‘U’ visa sticker will be issued. However, the applicant
can continue to carry the old passport wherein OCI ‘U’ visa sticker was pasted
along with new passport for visiting India without seeking a new visa, as the
visa is for lifelong.
25. Will the applicant lose his citizenship after
registering as OCI?
No. As only
citizens of the country which allows dual citizenship under the local laws in
some form or the other are eligible for applying for registration as OCI, losing
foreign citizenship does not arise.
26. Can a person holding OCI travel to protected
area/restricted area without permission?
No. He/she will be
required to seek Protected Area Permit (PAP)/ Restricted Area Permit (RAP) for
such visits.
27. Would the Indian civil/criminal laws be
applicable to persons registered as OCI?
Yes. For the period, OCI
is living in India.
28. Can a person
registered as OCI be granted Indian citizenship?
Yes. As per the
provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is
registered as OCI for 5 years and is residing in India for 1 year out of the
above 5 years, is eligible to apply for Indian Citizenship.
29. Will OCI be
granted gratis to certain categories of people?
No.
30. Can OCI be granted to foreign nationals who are
not eligible for OCI, but married to persons
who are eligible for OCI?
No.
31. Will foreign-born children of PIOs be eligible
to become OCI?
Yes, provided
one of the parents is eligible to become OCI.
32. What are the benefits of OCI?
Following
benefits will be allowed to OCI:
(a) Multi-purpose,
multiple entry, lifelong visa for visiting India.
(b) Exemption from registration with local police authority for any length of
stay in India.
(c) Parity with NRIs in respect of economic, financial and education fields,
except
in matters relating to the acquisition of agricultural/plantation properties.
33. Will any other benefit be granted to OCI?
Any other
benefits to OCI will be notified by the Ministry of Overseas Indian Affairs (MOIA)
under Section 7B(1) of the Citizenship Act, 1955.
34. Whether the OCI is entitled to voting rights?
No.
35. Whether the OCI is entitled to hold a
constitutional post in India?
No.
36. Whether the OCI is entitled to hold Government
posts in India?
No, except for
the posts specified by an order by the Central Government.
37. If a person is already holding more than one
nationality, can he / she apply for OCI?
Yes, as long as
the local laws of at least one of the countries allow dual citizenship in some
form or other.
38. What are the
advantages of OCI when compared to PIO cardholders?
(i) OCI is entitled to
life long visa free travel to India whereas for PIO cardholder, it is for 15
years.
(ii) PIO cardholder is
required to register with local Police authority for stay exceeding 180 days in
India on any single visit whereas OCI is exempted from registration with Police
authority for any length of stay in India.
39. Whether an OCI be entitled to apply for and
obtain a normal Indian passport
which is given to a citizen of India?
No. Indian Passport is
given only to an Indian citizen.
40. Whether nationals of Commonwealth countries are
eligible for OCI?
Yes, if they
fulfill the eligibility criteria.
41. Can a person renounce OCI?
Yes. He/she has
to declare intention of renunciation in Form
XXII to
the Indian Mission/Post where OCI registration was granted. After receipt of the
declaration, the Indian Mission/Post shall issue an acknowledgement in Form
XXII A.
42. Do the applicants
who have applied on the earlier prescribed application form have to apply again
in the new form?
No. All such
applications will be considered for registration as OCI without seeking fresh
application and fee.
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