Overseas Indian Citizenship

[mangal969]

The very first thing you need to know is that OCI is NOT dual citizenship.Calling OCI dual citizenship is a (?deliberate) misnomer.

This thread has been created by me as a one stop information resource for application for Overseas Indian Citizenship.PLEASE DO NOT POST ANY QUESTIONS OR COMMENTS HERE..I have created this thread because the megathread is so big that no one has the time to go through the whole thing . All Questions,comments and Thank you's may be posted in the Dual Citizenship Mega Thread at:
http://www.immigrationportal.com/sho...d.php?t=140033

Of course If there is any change in procedure or update of information Please do post here.

All the Best !

Disclaimer: All the information provided is on a best effort basis and derived from practical experience.Please be in touch with your embassy for exact information.Ultimately your application is your reponsibility alone.

[mangal969]

The place to apply for OCI is the embassy/consulate the jurisdiction for which your regular residence falls under.

For applicants in India you can directly send your application to the MHA or through the FRRO or CHO.Though experience says the FRRO's just act as 'postmen' so direct sending to the MHA is a faster bet.

The timelines between application and physically getting the OCI card currently averages 2.5 months.Consider a timeline of 1-4 months.If you are planning to visit India within this time keep your options for a visitor visa open as well.

If one of the potential applicants is below the age of 16 please consider a PIO card for now.There are no restrictions which hold to 'adult' PIO cards (Under 16's do not require FRRO registrations for long stay) and it will save you a lot of money.One can always convert to an OCI at a later date and even at the end of this conversion you will have saved yourself close to $100 as against going for an OCI directly.

What you need for application:

1.The form
The form can be downloaded from the MHA website.You have two options:
a.Download and fill the entire form
b.Fill Part A online and Part B is to be handwritten

The pros of filling Part A online is that a reference number is generated immediately which can maybe make your application a bit faster.Of course you still have to print out Part A as well as Part B so there isnt a saving there.Also there is less chance of a mistake being committed by the authorities in India.The con of this is that the security of the data is questionable.

You have to print out two sets of the form regardless of which route you take.But to save time here is what you can do:Print out two sets of Part A.Print out one set of Part B and fill it in EXCEPT FOR THE SIGNING PART.Take a xerox of your filled in Part B.Sign both copies-there are two signatures per form.

In case there is a baby applying their thumbprint is required instead of their signature.There is also a special column in the form to be filled for the parent in case the application is for a minor.

The form is pretty straightforward.

2.Photographs
The number of photographs required vary from place to place.Please check your embassy website for details.But you have to stick one photograph on each of the two copies of the form.So whatever number is given to you by your embassy you need that + 2 photographs.
Size of photographs also seems subject to much variation.In the end please remember that the embassy requires the photograph to be square roughly of the dimensions they mention.You can send the standard US passport size photo.If you send the Indian passport size photo they may accept it but the scan appears weird and elongated.
People can have their digital photo printed at their pharmacy/Walgreens.For someone with enough expertise they can do it on their computer with Adobe Photoshop and/or other softwares available for cropping digital pictures.Photograph should have a clear view of theface in any light coloured background (Though white is preferred)

3.Documents
There is also some variation on the documents required.All documents are to be self attested though all the US based consulates want notarised copies.Please remember that you have to send in two copies of each document.Most US embassies want one set to be notarised and the other can be a copy of the notarised set (a xerox of the notarised xerox).
Even if you are applying as a family send documents as if each applicant is an individual.
A * mark before the page denotes notarised copies required (US only)
The documents required are:
1.US Passport-*Main Info Page,*Photo page (if seperate),Place of Issue page (If seperate),Endorsements (Page 24)
2.Indian passport-Your own or your parents or your grandparents.
(If it is your own,please make sure it is cancelled or send the original along with your OCI application for cancellation)*Main Info page,*Photo page,Address page,Back cover page.
3.PIO card (If applicable)-* Main Information page,Back cover page

Additional documents
a) If you are a former Indian citizen:
*Naturalisation certificate

b) If OCI is based on parents passport:
*Birth certificate showing parent's name (Long form in US parlance) or School record.

c) If OCI is based on grandparent's passport:
*Birth certificate showing parents name
*Birth certificate (or other proof of relationship) between your parent and grandparent

You do not have to send any originals.The passport and PIO card are not to be sent at this stage.

4.Payment
The payment is US$275 PER APPLICANT (irrespective of age) + return mail charges (amount varies as per location).If you have decided that you will pick it up in person do not send the mail charges.Most embassies do not offer a refund once the money is paid even if you go collect it personally.If you hold a PIO card your charges are US$25 + return charges.The conversion rates used by the embassies are not the same as the rates you see in the daily newspaper.Please contact the embassy for the exact amount in your currency.You have to send one DD/Banker's check for the full amount.
In case you apply as a family there is an option to send one "mega-check" for the whole amount.It can save you in Bank Charges but if one application gets held up,all applications would be held up as they do not process the payment if something is not in order.Some banks give DD's for free.In that case just have seperate DD's made out for each family member.

Cancellation of Indian Passport (Info credit :PIO1)
Voluntary acquisition of foreign citizenship automatically cancels your Indian Citizenship as per the constitution of India. The government of India says you voluntarily acquire citizenship when you either (a) register as citizen, (b) go through naturalization or (c) apply for a passport. This fact remains unchanged since the consititution was written, even today, after OCI was implemented.

The correct process to follow is to send you Indian passport in ASAP after naturalization/registration for cancellation. This is a condition on the passport, and a part of gazetted rules of Indian Citizenship.

If for some reason, you have been unable to get your passport cancelled, it is not a major issue - the main concern is that it has not been used. Good practice though is to cancel it ASAP.

In the context of OCI, a good time to have your passport cancelled (if you have not already done so) is during the application process. You will need to pay for return postage if you are mailing your application [either send a self addressed and stamped priority mail/express mail envelope or a bankers check about $15 - please check with consulate] so they can return the cancelled passport to you. There is no charge or form to have a passport cancelled (only postage). Write a letter to the effect "Dear Sir/Madam, I acquired XYZ citizenship on ddddd, and in accordance with the conditions of Indian passports, I wish to have my Indian Passport (enclosed) officially cancelled. Please return the cancelled passport to [address]. Enclosed is a return postage paid envelope/return postage of $xx"

Some consulates want a copy of your new passport and/or naturalisation certificate (and the court order if you changed your name). It is worth sending these along just in case.

Links
Credit for researching these links go to basis
http://indiandiaspora.nic.in
http://www.indialawinfo.com/bareacts/citi.html
http://en.wikipedia.org/wiki/Indian_nationality_law
http://www.manupatra.com/ASP/newsletter%20119.asp
http://india.gov.in/overseas/nri.php
http://www.mha.nic.in

[mangal969]

From the time you send in the application (Most embassies accept only by mail.Few do give appointments for submission but the appointments are few and far between) the process is something like this:

You can check your status online at the MHA website.Fill in the reference no generated with the form and click on "Go" next to it.Do not press enter.
In the initial stages you will get the message "Yet to Register with concern mission"

Within about 4-6 weeks if you have not been contacted by the embassy/consulate about any deficiency in your application your online status should upgrade to "Under Process".At this time your name will be on display and the file no column will automatically fill itslef.Ensure the data is entered correctly and make a note of the file no.Once you have the file no the application no is not required.Some embassies will inform you when this stage has been completed.

After about 2-4 weeks of going "Under Process" your status will upgrade to "Granted" and date of grant will be displayed.This means your OCI has been approved and the OCI card and U visa will be dispatched from India.DO NOT SEND YOUR PASSPORT AND PIO CARD YET.

Within about 3-6 weeks of this happening you should get a call/letter/e-mail from your embassy requesting you to send your passport for stamping personally or by mail.If it has not happened contact the authorities posted below with your file no and try to find out what is going on.

In all these processes contacting the embassy is generally of no avail.They do not respond or come with such outlandish answers that you get more frustrated.Keep your cool and monitor the status online.If you do not get the results within my mentioned timelines be persistent in your queries to the embassy.It may involve a lot of faxing and phoning.

Please note that if you have been contacted by the embassy for any error, the 'clock' resets to zero.So please ensure your application is complete in all respects before mailing. Thanks to SDQmer for this info.

UPDATE:You can check your Status Online every step of the way at the MHA website.The link is:
http://ociindia.nic.in/ociindia/OnlineOCIenquiry.jsp

There is no need to contact the consulates requesting information (which you never would have got anyways) .

[mangal969]

This is the US Department of State's interpretation of OCI available on their website:
In 2006, India launched the “Overseas Citizens of India” (OCI) program, which has often been mischaracterized as a dual nationality program. However, the OCI program does not grant Indian citizenship. Thus, an American who obtains an OCI card is not a citizen of India. That person remains a citizen of the United States. An OCI card in reality is similar to a U.S. “green card” in that a holder can travel to and from India indefinitely, work in India, study in India, and own property in India (except for certain agricultural and plantation properties). An OCI holder, however, does not receive an Indian passport, cannot vote in Indian elections and is not eligible for government employment in India. The OCI program is similar to the Persons of Indian Origin (PIO) card introduced by the Indian government several years ago, except that PIO holders must still register with Indian immigration authorities, and PIO cards are not issued for an indefinite period. American citizens of Indian descent can apply for PIO or OCI cards at the Indian Embassy in Washington, D.C. or at the Indian Consulates in Chicago, New York, San Francisco and Houston. Within India, American citizens can apply at the nearest FRRO office.

[PIO1]

It is always best to consult an expert when performing complex property transactions, and to verify the correct processes have been followed. Property laws are complex and various duties and taxes are payable. Some states put limits on ownership of agri land. Union, State, Municipal and RBI laws apply.

In terms of ownership by non-residents, the rules provided by the Reserve Bank of India (RBI) are straight forward. An FAQ is provided by the RBI here http://www.rbi.org.in/scripts/FAQView.aspx?Id=33 - it refers to the actual FEMA regulations which are just as easy to read as the FAQ.

Basically, Non Resident citizens of India (NRIs) and persons of Indian origin (you, your father or your father's father was at some point in time a CoI and you are not from Pakistan, Nepal, Bangladesh, Chinese, Afgan, Sri Lankan etc) are treated the same. OCI in practice could be regarded as a person of Indian origin, however we are hoping that the directives will soon clarify that OCI is a person of Indian origin from RBI's point of view. Procedurally PIO card holders and OCI card holders seem to be regarded as PIOs by RBI bureaucracy. [Please note the subtle difference between a PIO/OCI card holder and an RBI PIO]. Feedback indicates that bureaucrats want to see a PIO card (or in future an OCI card) to verify that you are a PIO in the RBI sense of the term.

All foreigners are free to lease properties for less than 5 years.

You do not require special permission to acquire residential/commercial property as an NRI or PIO as a gift or by purchase or by inheritance (if the inheritance was from a resident of India).

An NRI or PIO can acquire agricultural property by inheritance from a resident of India. However, other types of acquisition of agricultural property (i.e. gift or purchase) is not generally permitted by an NRI/PIO.

An NRI or PIO is free to sell or gift commercial/residential property to a resident.

Please see the FAQ for more information. OCI does not generally provide more benefits than that most would already have.

[PIO1]

NRIs,and PIOs (as per RBI definition - may include PIO/OCI card holders) can hold one of three types of bank accounts:

http://www.rbi.org.in/scripts/FAQView.aspx?Id=34

NRE: (Non Resident, External) Deposit overseas only, Withdraw in India or abroad, deposit held in Rupees. Good for those who earn overseas and want to transact in India like a local. The interest is low/moderate, and generally no taxes are payable in India.

NRO: (Non Resident, Ordinary) Deposit overseas or in India, Withdraw in India only, deposit held in Rupees. Good for those with Indian income, or Indian cash assets. If you want to withdraw this overseas, it is complex. Tax is deducted at source on interest income at around 30%. If this is your only source of income, because tax is deducted at source, you do not need to file a return.

FCNR (Foreign Currency, Non Resident) Desposit overseas only, Withdraw in India or overseas, deposit held in Foreign Currency. Similar to NRE. Lower interest rate, and less currency risk. No taxes in India are payable generally.

In terms of investments, most government instruments and schemes tend to be "Repatriable". Other schemes and investments (especially shares) tend to be "Non Repatriable", but you should check with the RBI http://www.rbi.org.in/scripts/FAQView.aspx?Id=52 or get expert advice.

NRIs and PIOs may be restricted to various extents from investing in companies that deal with real estate, agricultural, plantation activity or civil aviation in India. If you wish to invest in such businesses (and even otherwise), you should seek expert advice.

[mangal969]

1.Cancellation of OCI
There is no 'legal' provision for getting an OCI application cancelled.You will have to play it by ear and it varies from embassy to embassy.But in general if you submit a letter in writing that you wish to cancel your OCI application BEFORE it goes into the 'Granted' stage and you will get back your application material including the full amount paid.
My guess is that if you go after the OCI is granted they will treat it as an application for renunciation and you wont get any money back.

2.Redirection of OCI.
By redirection i mean say you applied for OCI in New York.The processing took longer than expected and now you are returning to India.You need to get your OCI issued in India.

From what i have learned so far the MOIA is not accomodating such requests yet.What i hypothesize can be done is :
a.Plan a trip back to the country of application after you are sure it is issued.
OR
b.Maybe an advance information letter (to the MEA and the embassy of application) may do the trick.
OR
c.(I do not know if this works)Pay the amount (USD 25) and apply for a duplicate in India.

Thanks to user pverma for information on OCI application cancellation

[sebah]

Are OCIs allowed to hold govt jobs in India? If yes, what are the jobs? I found in Ministry of Internal Affairs website (FAQ) that "Except for the list of jobs published by a special govt Order, OCIs are eligible for all other jobs". But as with any Indian Information sites, there is no link to the list.

How/where can someone access that list?

[mant0478]

FYI. When completing Part A of the application for OCI or if you want reprint Part A of the application use Internet Explorer, when I tried to use Mozilla Firefox, it does not work and the state of the form seems to be discarded.

[mangal969]

The MHA has put up a pretty decent set of instructions....Refer to them before doing anything

http://mha.nic.in/oci/oci-main.htm