India Dual Citizenship Mega Thread (Merged)

The India Dual Citizenship will be Operational:

  • In 2003

    Votes: 4 20.0%
  • In 2004

    Votes: 11 55.0%
  • Sometime after 2004

    Votes: 4 20.0%
  • I am skeptical if this will happen

    Votes: 1 5.0%

  • Total voters
    20
  • Poll closed .
Here's the link:
http://in.rediff.com/news/2005/may/21dual.htm


Just in case,here's the full article:

Uncertainty over dual citizenship
Ehtasham Khan in New Delhi | May 21, 2005 01:51 IST

Prime Minister Manmohan Singh's announcement during the 3rd Bharatiya Pravasi Diwas in January on granting dual citizenship to Indians abroad hangs in balance.
Officials in New Delhi are not sure if the provision of dual citizenship to all Indians who migrated after India became a republic on January 26, 1950, will become a reality.
However, the process to grant dual citizenship to Indians in 16 select countries -- including the US -- that stopped in February will restart in June, a senior official in the Ministry of Overseas Indians Affairs told rediff.com.
The official said: "We are not sure about dual citizenship in all countries (if compatible with domestic laws of the concerned country). But the process for 16 countries will start next month."The 16 countries are Australia, Canada, Finland, Ireland, Italy, the Netherlands, Israel, New Zealand, Cyprus, Sweden, Switzerland, France, Greece, Portugal, the UK and the US. An estimated 10 to 25 per cent of the people of Indian origin can apply for overseas citizenship.
Dual citizenship means one can have Indian citizenship as well as the citizenship of the country where he or she is living. Apart from other facilities, a person holding dual citizenship does not need a visa to visit India. However, he or she will not have voting rights and cannot hold Constitutional positions.
In May 2003, the then prime minister Atal Bihari Vajpayee's government had amended the Citizenship Act, 1955, to provide dual citizenship to Indians in these 16 countries.
Going a step ahead, Dr Singh had announced in January that all Indians living abroad will get dual citizenship provided their home countries allowed them to do so.
Meanwhile, the process to grant dual citizenship in 16 countries was stopped in February. Officials in New Delhi said then that the scheme was not abandoned but put on hold. They said the ministries of Home and Law were revising the format and coming up with new provisions.
An Overseas Indians Affairs ministry official said: "The home ministry is now ready with the new format. We hope to resume the process next month."
But the dual citizenship for all countries is in limbo.
After the prime minister's announcement, the home ministry was planning to introduce a bill to amend the Citizenship Act during the Budget session of Parliament between February and May. The new provision cannot be applied unless the Act is amended by Parliament. But the government failed to introduce the bill.A ministry official said: "We hope to table the bill in the monsoon session."
But he was not sure about its smooth passage. "There is lot of uncertainty. It depends on how strongly the government backs it. We are expecting that if the Bill is tabled in Parliament in the next session, it may be referred to a committee for further study. This will further delay the process. So as of now, we are not in a position to say how long it will take to become a reality
 
What happens if you get USC and do not go to Indian consulate to get OIC Passport and surrender the old one? I have heard that people do that, but does that have any implications?

One thing I can think about is that while leaving India the immigration authorities check to see if you have a valid visa/GC for the foreign country and which time you have to show the US passport and they will not see a stamp for arrival since you landed on your indian passport! Unless you can carry both passports and the authorities will not object to it???

Any ideas.
 
futcitizen said:
What happens if you get USC and do not go to Indian consulate to get OIC Passport and surrender the old one? I have heard that people do that, but does that have any implications?

One thing I can think about is that while leaving India the immigration authorities check to see if you have a valid visa/GC for the foreign country and which time you have to show the US passport and they will not see a stamp for arrival since you landed on your indian passport! Unless you can carry both passports and the authorities will not object to it???

Any ideas.

My comments:

By the Indian law, if you become a citizen of another country, your Indian citizenship ceases to exist. The Indian government recommends that your surrender your Indian passport to the nearest Indian mission for cancellation (ofcourse the cancelled passport will be returned to you).

I would not even think about using your Indian passport to enter India if you are a U.S. Citizen. You should have a valid visa or PIO or an OIC (when approved) to enter India. The airline is responsible for verifying the necessary documents before they let you board the flight (but I am not sure if this is the case for each and every airline). Entering India with an unsurrendered Indian passport and leaving the country with an U.S passport will be considered fraud and one may end up in prison :eek:
 
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PIO and Inheritance

Howdy - I know this question has been asked and answered on this forum somewhere before....(but I could not locate it)

I currently have a PIO card. What are the rules and regulations for inheriting land (agricultural and/or plantation) from your family in India? Is there a limit on the number of acres you can inherit etc....

Please repost the RBI link that has this information

Thanks in advance
 
Please see the thread below:
http://boards.immigrationportal.com...5&highlight=RBI


Per RBI website, If you aquired the agriculture land when you were an Indian citizen You may continue to hold agriculture/farm land even after bocoming US citizen.

Please visit this website for more Q & A

http://www.rbi.org.in/index.dll/550...&secid=20/0/0#8


Here is the information from RBI website. I hope this helps.

Q.46. Can NRI who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.46. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999 NRI who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer by way of sale or gift agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India and may transfer by way of sale or gift residential/commercial property in India to a person resident in India or to a NRI/PIO. The sale proceeds may be credited to NRO account.


Q.47. Can a PIO who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.47. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999, PIO who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer agricultural land/plantation property/farm house in India by way of sale or gift to a person resident in India who is a citizen of India and residential/commercial property in India by way of sale to a person resident in India and way of gift residential/commercial property in India to to a person resident in India or to a NRI/PIO. However, if a PIO is a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan he should seek prior approval of Reserve Bank for transfer of such immovable property in India. The sale proceeds may be credited to NRO account
 
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My situation is slightly different-My property is an ancestral property (non agricultural) in the name of my deceased father.Since i am a US citizen i frankly have no idea what to do next.I have applied for a probate on his will and from what my lawyer tells me it can easily take over 20 months to complete.So what i need to know is:
1.If i dont go for PIO and OIC doesnt come can i still transfer the property in my name ?
2.Can i directly sell the property after i get the probate?
3.after OIC can i hold it? Can i hold it now just as a US citizen ?
4.Once (if) i sell can i bring the money here ?
 
rbcool said:
Please see the thread below:
http://boards.immigrationportal.com...5&highlight=RBI


Per RBI website, If you aquired the agriculture land when you were an Indian citizen You may continue to hold agriculture/farm land even after bocoming US citizen.

Please visit this website for more Q & A

http://www.rbi.org.in/index.dll/550...&secid=20/0/0#8


Here is the information from RBI website. I hope this helps.

Q.46. Can NRI who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.46. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999 NRI who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer by way of sale or gift agricultural land/plantation property/farm house in India to a person resident in India who is a citizen of India and may transfer by way of sale or gift residential/commercial property in India to a person resident in India or to a NRI/PIO. The sale proceeds may be credited to NRO account.


Q.47. Can a PIO who had acquired immovable property viz., residential/commercial property/agricultural land/plantation property/farm house in India while he was a person resident in India continue to hold or transfer such immovable property? In which account the sale proceeds may be credited?


A.47. Yes, under the provisions of Section 6 (5) of the Foreign Exchange Management Act, 1999, PIO who had acquired immovable property in India while he was a person resident in India may continue to hold such property. Under the general permission available he may transfer agricultural land/plantation property/farm house in India by way of sale or gift to a person resident in India who is a citizen of India and residential/commercial property in India by way of sale to a person resident in India and way of gift residential/commercial property in India to to a person resident in India or to a NRI/PIO. However, if a PIO is a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan he should seek prior approval of Reserve Bank for transfer of such immovable property in India. The sale proceeds may be credited to NRO account

Thanks for the info. rbcool. The links appear to be dead.
 
mangal969 said:
My situation is slightly different-My property is an ancestral property (non agricultural) in the name of my deceased father.Since i am a US citizen i frankly have no idea what to do next.I have applied for a probate on his will and from what my lawyer tells me it can easily take over 20 months to complete.So what i need to know is:
1.If i dont go for PIO and OIC doesnt come can i still transfer the property in my name ?
2.Can i directly sell the property after i get the probate?
3.after OIC can i hold it? Can i hold it now just as a US citizen ?
4.Once (if) i sell can i bring the money here ?

Something I found online...

http://www.femaonline.com/nricorner/immovable_prop.htm
 
It all sounds great, but lets not get ahead of ourselves. Until the Indian Consulates and Embassys start accepting and approving the OIC applications, it's still a lot of talk and political announcements. As we all know that approval announcements are nothing new when it comes to this issue. I just hope that this time bureaucrats have figured out the so called "streamlined procedures and forms" to actually implement the OIC.
 
Thats so true.We've had nothing more than announcements since 2002.I'd take this with cautious optimism.
But please be on the lookout with nearby embassies.If anyone does come to know of any embassy accepting he forms,please post a message here.
 
Kind_SD, anyone else applied for PIO,

Can you share your experience about getting the card from the consulate? How long it took, any problem you encountered, etc
I am in the SF consulate area.

Thanks
Mahesh
 
No issues...followed the directions for the PIO application and received the PIO in 16 business days from the Houston consulate.
 
fitness99 said:
No issues...followed the directions for the PIO application and received the PIO in 16 business days from the Houston consulate.


Wow! that is a long time, I thought it would quicker than that.
So you do mean about 3 calendar weeks?
 
maheshgajanan said:
Wow! that is a long time, I thought it would quicker than that.
So you do mean about 3 calendar weeks?

Yes, about 3 weeks...but again this is about a year ago. Some consulates may process the applications faster depending on their workload. If it is any quicker than that, it would be a crime of efficiency on part of the Indian government :D
 
Hi,

I am a US citizen (born in New York, nov. 1982). My family moved to India in 1985, and we have been residing here ever since.

I am currently on an X-visa (multi entry, valid upto Sept. 2006). I am also a PIO card holder (I had applied for the card in feb 2005, and got it a month later).

I will be leaving for Chicago to pursue graduate studies this July. Since this is the first time that I will be going out of India, I have a few queries:

1. Do I need to take any exit permit fron the local FRO, i.e, do I need to have take any permission to leave India? If yes,
(i) what is the process,
(ii)how long does it take and
(iii)what are documents required?

2. What immigration checks will be done at the airport (I'm in Bangalore, leaving for Chicago on Air India -> Bangalore-Mumbai-Frankfurt-Chicago ) ?

3. What are the documents that I must show at the immigration counter?

4. Also , I have read that there are separate immigration counters for PIO card holders. Is this correct?

Awaiting replies at the earliest.

Regards,
Paresh.
 
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