India Dual Citizenship Mega Thread (Merged)

[rajudm]

Thanks

Mangal and PIO1,
Thanks for your response. Atleast OCI gives one benefit to get a property (Agri and Non-Agri) by inheritance.

I guess at the time of registration, the OCI card and certificates might be shown. But convincing those in revenue department will be another story for another day.

Hope NY consulate starts accepting OCI applications next week. I am waiting for almost one year for it to happen.

thanks once again,
raju

 

[krazie]

OIC applications in US (San Francisco)

As per http://www.cgisf.org/ it is "coming soon". So I downloaded the forms from http://www.mha.nic.in/oci/oci-main.htm In order to prove that I am of Indian origin, I need to send in a copy of my Indian Passport which is self-attested (Instruction 9 at the end of the form). Anybody know what self-attestation implies? Does it simply mean that I sign and date each copy? Or do I have to get it notarized by a Notary Public?

Best Regards,

 

[PIO1]

As per http://www.cgisf.org/ it is "coming soon". So I downloaded the forms from http://www.mha.nic.in/oci/oci-main.htm In order to prove that I am of Indian origin, I need to send in a copy of my Indian Passport which is self-attested (Instruction 9 at the end of the form). Anybody know what self-attestation implies? Does it simply mean that I sign and date each copy? Or do I have to get it notarized by a Notary Public?

Best Regards,

On each copy write "I certify this to be a true copy of the original". Sign, and write your full name, and date. Self attestation means you can sign, no notary required. Your passport needs to be cancelled so it is good if you could take the originals in with you and hand it in face to face. But I would suggest, don't do anything until they issue "real" OCIs to those who have already applied, or your could be waiting months/years.

 

[qwert97]

As per http://www.cgisf.org/ it is "coming soon". So I downloaded the forms from http://www.mha.nic.in/oci/oci-main.htm In order to prove that I am of Indian origin, I need to send in a copy of my Indian Passport which is self-attested (Instruction 9 at the end of the form). Anybody know what self-attestation implies? Does it simply mean that I sign and date each copy? Or do I have to get it notarized by a Notary Public?

Best Regards,

Self attestation means that you attest the document yourself otherwise the term used is notorised. However Indian bureaucrats use a different dictionary so it may mean differently.

e.g. if you use the drop box facility to apply for the Visa at the local embassy they issue a receipt. Normally drop box means that you drop your documents and walk away

 

[PIO1]

Self attestation means that you attest the document yourself otherwise the term used is notorised. However Indian bureaucrats use a different dictionary so it may mean differently.

e.g. if you use the drop box facility to apply for the Visa at the local embassy they issue a receipt. Normally drop box means that you drop your documents and walk away

I know what you mean, like normally dual citizenship means full citizenship of two countries, but bureaucrats in India give this name to a visa.

 

[jenimmi]

Please read this RBI FAQ (and others) and all your questions will be answered - it is really very comprehensive.

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

Q.14. Can a person resident outside India (i.e. NRI or PIO or foreign national of non-Indian origin) hold any immovable property in India acquired by way of inheritance from a person resident outside India?

A. 14. With the specific approval of Reserve Bank ... etc

Thanks PIO1. This is an Excellent link. Answers a lot of questions regarding inheritance.

I am a USC (previously Indian Citizen) who is in the process of sponsoring my parents. When my parents come into the U.S after Consular processing, then they would become person(s) resident outside India ???

If that's the case then the house that my Dad bought in India when I was very young, which is still registered in his name, be the subject for Q.14 ? i.e. Is it Q.14 that is applicable in our case?

IF so, Does any one have any similar experience that I'm describing? Is there a problem to inherit such property when you are a USC and the person you are inheriting from is a PR of the U.S.?

 

[mangal969]

Krazie-Sorry to disappoint you but the "coming soon" sign at the SF consulate has been up for over a fortnight now.Ditto with the Houston embassy & the Chicago embassy.

rajudm-For some reason the New York embassy still does not have the updated information on OCI.What they have on the website is the 2003 version.The Washington embassy has recently remvamped their website and seem to have nothing at all.If they were to start sometime after Jan 7 they should atleast have updated websites.
It is really maddening the stepmotherly treatment meted out to PIO's of US,UK and Canada by the Government of India.THere are a good number of embassies around the world that are accepting and processing OCI applications.This troika of countries are going to form bulk of the applicants.I wonder-is it the lethargy of the government officials or the consulate officials ?I doubt the government would be selectively lethargic though.

 

[mangal969]

jenimmi-I think that since at the time of acquisition your father was an RI,so inheriting it for you should not be a problem.Best you consult a tax expert on this.
But i can offer you a suggestion-Have the property transferred to your name while your parents are still RI's.Will save you a lot of hassle and paperwork afterwards.

 

[PIO1]

Thanks PIO1. This is an Excellent link. Answers a lot of questions regarding inheritance.

... the house my Dad bought in India when I was very young, which is still registered in his name, be the subject for Q.14 ? i.e. Is it Q.14 that is applicable in our case?

IF so, Does any one have any similar experience that I'm describing? Is there a problem to inherit such property when you are a USC and the person you are inheriting from is a PR of the U.S.?

Thanks - I thought the link was good too, until you raised this.

Q.15. Under general permission available to whom can NRI transfer by way of sale his residential/commercial property?

A.15. NRI can transfer by way of sale residential/commercial property in India to a person resident in India or to a NRI or a PIO.

With Q16,21,22 these suggests that an NRI/OCI/PIO can transfer (non Agricultural) property by sale or gift to an NRI/OCI/PIO/Citizen. But you have pointed out that special permission is required to transfer by inheritance (Q14). This looks strange, and I think Q14 is not completely acurate... hmmm. What to do?

Please consult a legal expert ... who may suggest:
a) Get permission anyway, or written advice from RBI that permission is not required.
b) Have you father transfer the property to his "inheritors" as gift the properties ASAP Q21 allows this without permission
c) legal opinion may indicate that permission is not required

I am a USC (previously Indian Citizen) who is in the process of sponsoring my parents. When my parents come into the U.S after Consular processing, then they would become person(s) resident outside India ???

Once a resident Indian takes up permanent residence outside India, he/she becomes a second class Indian, "NRI" or citizen residing outside India. Gone is the right to vote, the right to buy agricultural properties, and here to stay are investment restrictions. Fear not. You can still look down on the lowest category - the OCI. I personally am of the opinion that NRI restrictions are unconstitutional but what can you do?

 

[PIO1]

jenimmi-I think that since at the time of acquisition your father was an RI,so inheriting it for you should not be a problem.Best you consult a tax expert on this.
But i can offer you a suggestion-Have the property transferred to your name while your parents are still RI's.Will save you a lot of hassle and paperwork afterwards.

Mangal's option is probably best - do it now if possible.

 

[basis]

Below questions are asked from the point of view of a PIO / OIC returning to India and not one who is still residing outside India

1. Can a PIO / OCI take up employement in India ? Are there any special documents to be submitted to any govt agency ?

2. Can one apply for OIC from within India if one has PIO ?

3. What's the status of bank accounts in India for a PIO / OCI? Can they operate resident accounts when they are resident in India.

4. Can PIO / OCI acquire residential / commercial immovable property in India by way of purchase ?

5. Can PIO / OCI start a business in India ? Is there any special process for that ?

6. What does the term 'Parity with NRIs in financial, economic and educational fields ' actually mean ? What does it include ?

 

[mangal969]

Basis-
1.Yes.The only thing you need to submit is your OIC card.If you are a PIO card holder you need to take an employment visa from the FRRO.

2.Yes.

3.A PIO/OCI can operate NRI accounts.I dont think they can operate RI accounts even if they have stayed in India.

4.Yes

5.Yes.Consult a tax expert

6.In a nutshell you can use all the facilities available to NRI's,which you could not as a 'foreigner' NRI qouta in colleges,Open NRI accounts etc

 

[mangal969]

New out of PBD 2006 (Nothing new actually):
The event witnesses the formal launching of the Overseas Citizenship of India (OCI) scheme, which provides a lifelong visa to Persons of Indian Origin (PIOs) to visit India at will. The Prime Minister will give away the first OCI card to a PIO.
Atleast the rhetoric about it being a dual citizenship has ceased
A 'universal integrated electronic remittances gateway' to facilitate faster remittances by India's vast Diaspora will be launched. Besides, a special purpose vehicle to facilitate investment by overseas Indians is expected to be announced.
Probably to be legislated and 'formally' launched by PBD 2007-Maybe not though because they want your money
A collaborative research institution and an e-based Indian Diaspora knowledge network to serve as a platform for facilitating global information exchange and networking between overseas Indians and India will also be formally launched.

There's also that monthly magazine for overseas indians to be launched....

 

[mangal969]

Wanna get confused ??
http://indiamonitor.com/news/readNews.jsp?ni=9983

We're back to 16 countries and people falling over each other submitting OCI applications !

 

[mangal969]

http://timesofindia.indiatimes.com/articleshow/msid-1357465,curpg-1.cms

Much better article.But they are 'surprised' that most applications are from Down Under (Sydney) as against the US,UK or Canada !

London is second though and Toronto is third.For the US Chicago tops the list.

What should be noted is that Sydhey would be a mixture of 'old' and 'new applicants while London and Toronto would be only 'old' applicants.The real numbers would come in only after the procedure is opened to all.

 

[rajudm]

down under

Mangal,
Since I am an Australian Citizen I should consider applying for OCI from Sydney or Canberra. It will happen much faster than USA.

Have to find out if I could do it over mail....

 

[mangal969]

Mangal,
Since I am an Australian Citizen I should consider applying for OCI from Sydney or Canberra. It will happen much faster than USA.

Have to find out if I could do it over mail....

You can apply at Sydney/Canberra only if you are resident in the area under their jurisdiction.I doubt they will process your application if you fill in a US address.I am assuming you are in the US now because that is what you have filled in your location column.
If you have an address in Australia and are planning a visit soon then you should apply there.Otherwise you have no choice but to 'suffer' like the rest of us

Yes you can send your applications by mail.

 

[qwert97]

http://timesofindia.indiatimes.com/articleshow/msid-1357465,curpg-1.cms

Much better article.But they are 'surprised' that most applications are from Down Under as against the US,UK and Canada !

The article states that Toronto stands third with 474 OCI applications. I am glad that they found our old applications. Does that mean that by January 7th they would have processed all the applications?

 

[sg_orl]

The article states that Toronto stands third with 474 OCI applications. I am glad that they found our old applications. Does that mean that by January 7th they would have processed all the applications?

Good luck!

As Indian bureaucrats will say they will be disposed off in due time.

 

[PIO1]

http://timesofindia.indiatimes.com/articleshow/msid-1357465,curpg-1.cms

Much better article.But they are 'surprised' that most applications are from Down Under as against the US,UK and Canada !

Maybe, just maybe, its because Australia is accepting applications and not the US or UK?

The UK has not published info on their site, and their govt has got it mixed up with citizenship. The US is not accepting new applications yet. Australia was the first major PIO country off the mark in OCI v1 and OCI v2.

I like this bit from the article, finally some truth!

Though it is loosely referred to as dual citizenship, a person with an OCI certificate does not legally have the same status as an Indian citizen.

This is because the Constitution does not allow anybody to hold Indian citizenship and citizenship of a foreign country simultaneously. Article 9 of the Constitution says: "No person shall be a citizen of India ... or be deemed to be a citizen of India ... if he has voluntarily acquired the citizenship of any foreign state."

I think our messages are getting through!