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 .
OCI Sticker

nkm-oct23 said:
Here is a quote from the OCI brochure..

After grant of registration, a registration certificate in the prescribed format
will be issued and a multiple entry, multi-purpose life long OCI ‘U” visa sticker
will be pasted on the foreign passport of the applicant.

Hmm.. looks like this is just a visa! And what if your foreign passport expires and you acquire a new one??
Click to expand...


Well, I understand that when the foreign Passport expires, OCI sticker will be still valid and one needs to carry the old Passport as well to show the sticker for proof of OCI.

Otherwise, one can obtain another OCI sticker in the new foreign Passport as well from Indian Embassy/Consulate ( by paying the prescribed fee!)
 
nkm-oct23 said:
Here is a quote from the OCI brochure..

After grant of registration, a registration certificate in the prescribed format
will be issued and a multiple entry, multi-purpose life long OCI ‘U” visa sticker
will be pasted on the foreign passport of the applicant.

Hmm.. looks like this is just a visa! And what if your foreign passport expires and you acquire a new one??
Click to expand...

You have the option of having the visa transferred to your new passport (for something like $25) or you can carry the new passport as well as the expired one containing the visa.

Call it whatever you want a life long unlimited entry visa with no need to report to the authorities for $275 is good enough for me.Admittedly the congress governement did destroy what the bjp government had constructed (which was a dual citizenship while this is just a glorified PIO card),but this is better that spending $150 for a long term visa (or 300+ for a PIO card),running to the police for a day beyond 180 and not being able to make investments.

Hopefully true dual citizenship may be an announcement soon but the government will lose a lot of face (and investment) if they dont launch this scheme in November.For their sakes i hope it doesnt come to that.

And as per what information is available people approved for an OCI will get a registration certificate,a U visa and a smart card.Nothing has changed in that regard,though smart cards were scheduled for later.Looks like they will give it all together.
 
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Smart cards

Excerpt from a June 2005 article:

Keeping its promise made during the Pravasi Bharatiya Divas, the Union Cabinet on Thursday approved a legislative amendment to permit dual citizenship, paving the way for issue of smart cards to Overseas Citizens of India (OCIs).

The decision - including a go-ahead to the Ministry of Overseas Indian Affairs to notify an amendment to the Citizenship Act of 1955 - was taken at a cabinet meeting chaired by Prime Minister Manmohan Singh.

The cabinet also decided to issue smart cards - which will be like credit cards embedded with relevant information to facilitate identification and travel - to those eligible for dual citizenship, Reddy said.
 
Dual citizenship and agricultural land

Hi,

As per the new details, are we eligible for
any property ownership in india (like apartments,
plots and houses). How about agricultural
land? What is allowed and what is not.

I own some agricultrual land and i am planning
to apply for USA citizenship, should i sell it before
i get my citizenship?


Thanks
Overseas Citizenship

MHA (Ministry of Home Affairs) site regarding OIC
http://mha.nic.in/oci-main.htm


August 31, 2005

The Government of India is currently in the process of
preparing a scheme to register 'Overseas Indian
Citizens' (OCI) and to provide them with a special
life long visa. The Citizenship Act (1955) was
recently amended by the Parliament in this regard and
assent of the President is awaited.

Some of the important features of this scheme are:

The facility would be available to persons of Indian
origin located in all countries except Pakistan and
Bangladesh. The concerned country should however have
the provision of dual citizenship in some form or the
other.

The application form has been simplified bringing in
clarity and transparency.

One application form would suffice for a family

A person would be able to apply for overseas
citizenship in their country of citizenship, and also
in any other country where he/she is ordinarily
residing.

There is no need for any oath of allegiance.

The fees for OCI would be $ 275 and for PIO card
holders $ 25.

Indian missions would be authorized to grant OCI
within 15 days for applicants having no criminal
record.

OCI will be issued a new type of visa called U visa
which is multi-purpose, multiple entry with no time
limit on length of stay and no requirement of police
reporting.

OCI would be granted all rights in the field of
economic, financial and educational fields, in parity
with NRIs. ( They would not however have any rights
respect to acquisition of agricultural or plantation
properties.)***

Please await further details in the above regard. The
scheme is yet to be formally launched and no
application is being received at this stage. This
website will carry information as soon as the scheme
is put into effect.
 
http://news.webindia123.com/news/showdetails.asp?id=147534&cat=India

Another article claiming starting of OIC.
But one thing to note:
The Deccan article makes Mr P Chavan the MoS in the PMO.This one makes him MoS in OIA.
Wonder what his actual portfolio is :)



Update: Mr Chavan is an MoS in the PMO,but he is also the person responsible for organising PBD 2006.So i wouldnt completely ignore his statement,but i wouldnt plan anything based on it.We'll know by the end of the first week of November what the situation is
 
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Dual citizenship and agricultural lands

Hi,

Can we own properties in india (plots, land, apartments,
houses) after dual citizenship or US citizenship is granted.
How about agricultural lands?

If I already own agricultural land, should i tranfer it/sell
it before applying for US citizenship ? Othewise will there
be any issues/problems to sell it later after obtaining the dual citizenship?

Thanks



------------
Overseas Citizenship

MHA (Ministry of Home Affairs) site regarding OIC
http://mha.nic.in/oci-main.htm


August 31, 2005

The Government of India is currently in the process of
preparing a scheme to register 'Overseas Indian
Citizens' (OCI) and to provide them with a special
life long visa. The Citizenship Act (1955) was
recently amended by the Parliament in this regard and
assent of the President is awaited.

Some of the important features of this scheme are:

The facility would be available to persons of Indian
origin located in all countries except Pakistan and
Bangladesh. The concerned country should however have
the provision of dual citizenship in some form or the
other.

The application form has been simplified bringing in
clarity and transparency.

One application form would suffice for a family

A person would be able to apply for overseas
citizenship in their country of citizenship, and also
in any other country where he/she is ordinarily
residing.

There is no need for any oath of allegiance.

The fees for OCI would be $ 275 and for PIO card
holders $ 25.

Indian missions would be authorized to grant OCI
within 15 days for applicants having no criminal
record.

OCI will be issued a new type of visa called U visa
which is multi-purpose, multiple entry with no time
limit on length of stay and no requirement of police
reporting.

OCI would be granted all rights in the field of
economic, financial and educational fields, in parity
with NRIs. ( They would not however have any rights
respect to acquisition of agricultural or plantation
properties.)***

Please await further details in the above regard. The
scheme is yet to be formally launched and no
application is being received at this stage. This
website will carry information as soon as the scheme
is put into effect.
 
OIC's will be allowed to purchase Residential,Commercial and Industrial properties.About agricultural and plantation properties,OIC's cannot acquire them.Inheritance/previous ownership is a different issue which i guess they will clarify.
 
mangal969 said:
OIC's will be allowed to purchase Residential,Commercial and Industrial properties.About agricultural and plantation properties,OIC's cannot acquire them.Inheritance/previous ownership is a different issue which i guess they will clarify.
Click to expand...

Even with a PIO you can inherit agricultural/plantation properties and continue to own any previously owned land.
 
About the land issue:
If you acquire a US citizenship but do not apply for an OIC within 6 months you have to sell your property and have the money transferred overseas through an NRE account.If you get an PIO within the period you can continue to hold the property.
With an OIC you can continue to hold the land and even inherit some more (as fitness99 says),but you cannot buy any new agricultural/plantation land.
(Please note i am using OIC and PIO interchangeably because they are almost the same thing)
So there is no crisis situation either way.Apply for your US citizenship.After you actually get it you have 6 months to decide.If you dont want an OIC (It should definitely be operational by then :p ) you may sell the land and bring the money to the US.If you do take the OIC you can keep the land.There is no need to decide anything right away.
 
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mangal969 said:
About the land issue:
If you acquire a US citizenship but do not apply for an OIC within 6 months you have to sell your property and have the money transferred overseas through an NRE account.If you get an PIO within the period you can continue to hold the property.
With an OIC you can continue to hold the land and even inherit some more (as fitness99 says),but you cannot buy any new agricultural/plantation land.
(Please note i am using OIC and PIO interchangeably because they are almost the same thing)
So there is no crisis situation either way.Apply for your US citizenship.After you actually get it you have 6 months to decide.If you dont want an OIC (It should definitely be operational by then :p ) you may sell the land and bring the money to the US.If you do take the OIC you can keep the land.There is no need to decide anything right away.
Click to expand...

Your are talking about the agricultural land/plantation....right? What exactly is this 6 mos requirement to become PIO/OCI? Do you have to become PIO?OCI within 6mos after you inherit any property or just the agricultural land/plantation?
 
sg_orl said:
Your are talking about the agricultural land/plantation....right? What exactly is this 6 mos requirement to become PIO/OCI? Do you have to become PIO?OCI within 6mos after you inherit any property or just the agricultural land/plantation?
Click to expand...

Basically if you are a foreigner and you get any type of land by inheritance today (or if you own a piece of land and you become a foreigner today) you have 6 months to either become an OIC/PIO and continue to hold the land or sell it and have the money transferred overseas.I dont know of the tax implications on either side.
 
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mangal969 said:
Basically if you are a foreigner and you get any type of land by inheritance today (or if you own a piece of land and you become a foreigner today) you have 6 months to either become an OIC/PIO and continue to hold the land or sell it and have the money transferred overseas.I dont know of the tax implications on either side.
Click to expand...

mangal969,

Thanks for the clarification.
 
g said:
Not true. RBI has clarified all the rules for NRI/PIO/Foreigners in this FAQ. There is no 6 month rule specified anywhere. Basically any PIO(including US citizen) can hold/acquire/sell/inherit any real-estate except agricultural land.

http://www.rbi.org.in/scripts/FAQAcquisition.aspx

-g:)
Click to expand...

Mr G it is true that on the rules they say that PIO's can do anything but from practical experience i know for a fact that you have to be a registered PIO to be able to do any of the above.Just having evidence that your father or grandfather is/was a citizen and/or you had an indian passport is unfortunately not enough at this stage.The PIO card is a required submission for the transactions and i'm guessing that the OIC registration certificate/smart card will also be accepted.
The 180 day rule also exists but unfortunately i do not have the link to show it to you. If i do find it i'll put it up here.
I really do not understand why there is different information at different levels about the same subject.My source of information may be wrong and if it is i do apologise to everyone.
 
Mangal969,

I dont have any practical experience so probably you may be right. As is usual the rules may get twisted by local officials for their own benefit. I just wanted to show the RBI information so that if someone does not register within 180 days for PIO then there may still be an option either by lawsuit or other means to acquire real-estate in India.

-g:)
 
I have consulted with a person who is knowledgeable in all these matters.His hypothesis is :
Once you become a 'foreigner' (i.e you give up your indian citizesnhip) the law gives you 180 days to acquire an OIC/PIO.So that means after 180 days you are declared an actual foreigner if you dont go in for an OIC/PIO.If you are a foreigner (and they would NOT consider you of indian origin because you dont have the proof in the form of an OIC/PIO) holding land you are subject to the RBI's restrictions on everything from holding to selling to leasing.So the better option is to sell it before or get the OIC/PIo.
It is ridiculous that you dont get your right unless you have a document showing you are who you are.Unfortunately that is how the babudom is running in India.

Also lawsuits are not really an option for OIC/PIO's because the cases drag on for years and years and years.And living abroad it would be difficult and expensive to monitor the lawsuit.Better to spend the 275 for an OIC or 310 for a PIO
 
Employement with Indian company - status

Does anyone know what it the status of a person in respect of Indian employment between the time one acquired UK citizenship (the time when an existing Indian citizen will loose the Indian citizenship) and the time when one gets PIO card. To give an example -

X takes oath on 1st Nov - becomes UK citizen and therefore, loses Indian citizenship
X gets UK passport on 8th Nov
X applies for PIO on 10th Nov
X receives PIO on 30th Nov

If X is in employment of an Indian company (deputed to the UK) then from 1st Nov to 30th Nov what's the status of X in terms of employment.
 
I think this question can be answered only by the employer's legal department.But from what i can see why would there be any change in X's employment status ?What has citizenship got to do with your employment status ?And if X's status changes on loss of Indian citizenship then why does it change again on getting a PIO card ?
The only change that can occur is for the company.They would have a foreigner employed as of Ist November and that would be it's only change.
Wishing all the readers of this forum a very happy diwali and a prosperous new year,hopefully one which will see the initiation of OCI :)
 
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basis said:
Does anyone know what it the status of a person in respect of Indian employment between the time one acquired UK citizenship (the time when an existing Indian citizen will loose the Indian citizenship) and the time when one gets PIO card. To give an example -

X takes oath on 1st Nov - becomes UK citizen and therefore, loses Indian citizenship
X gets UK passport on 8th Nov
X applies for PIO on 10th Nov
X receives PIO on 30th Nov

If X is in employment of an Indian company (deputed to the UK) then from 1st Nov to 30th Nov what's the status of X in terms of employment.
Click to expand...


You are still employed and that is all that matters (as long as your company doesnot raise this issue - I think you shouldnot even think about it!
 
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