India Dual Citizenship Mega Thread (Merged)

[ExEB1Waiter]

What kind of visas would we need

I am currently an Indian citizen, and a US PR, with my naturalization interview scheduled in two weeks. I plan to visit India in the March-April time-frame.

Assuming I can get my US passport by the end of March, what kind of Indian Visa can we get with a short turn-around? It is clear that the dual citizenship card will take a long time. Is there something which the consulate can issue quickly?

Our son is US born and will have a US passport. What kind of visa will he get?

 

[boggavarapu]

I am currently an Indian citizen, and a US PR, with my naturalization interview scheduled in two weeks. I plan to visit India in the March-April time-frame.

Assuming I can get my US passport by the end of March, what kind of Indian Visa can we get with a short turn-around? It is clear that the dual citizenship card will take a long time. Is there something which the consulate can issue quickly?

Our son is US born and will have a US passport. What kind of visa will he get?

You can apply for a tourist visa. Indian Consulate can advise you better.

When you return from India, you may want to apply for OIC.

 

[jenimmi]

I am currently an Indian citizen, and a US PR, with my naturalization interview scheduled in two weeks. I plan to visit India in the March-April time-frame.

Assuming I can get my US passport by the end of March, what kind of Indian Visa can we get with a short turn-around? It is clear that the dual citizenship card will take a long time. Is there something which the consulate can issue quickly?

Our son is US born and will have a US passport. What kind of visa will he get?

I have the same question, except that I'm already a U.S. Citizen.

Can someone please tell us if there's a better option than getting a Indian visa, cost / time wise? since they will have a huge backlog for issuing OCIs I don't think, even if I applied end of Jan'05, I'll get the OCI status by March. If PIO is the better option left, how long does it approximately take for the PIO to be issued to my family of 2 adults and 1 child under 5 yrs?

 

[jenimmi]

I'm sorry .. you guys are in the heat of getting your OCIs. But please take some time to read this..

Yes - don't worry about it. Even if you break all the laws, there is always the special permit that opens all doors in India. Paisa.

PIO1.. What I hear from my Dad in India these days ... is very confusing. He has been running around for the Birth Certificate / Marriage certificate etc., for his PR process and he tells me that even if he is ready to throw away money for these certificates, the clerks are not willing to take it (?!!!!) I don't know if the clerks are watching a lot of Maniratnam / Shankar movies

Anyway, finally when I've saved a little money to put as a down payment to buy a small apartment in India, it seems like my recently acquired US citizenship actually bars me from doing it. That is Q.2

Q.2. Under the extant foreign exchange regulations to whom is general permission available for purchase immovable property in India?

A.2. General Permission is available to purchase only a residential/commercial property in India to a person resident outside India who is a citizen of India (NRI) and who is a Person of Indian Origin (PIO).

I think the last line should be modified to read "Or" instead of "And". But Q.27 kind of contradicts Q.2, because Q.27 does not say anything about Non-Indian Citizen.

Q.27. Under the general permission available what is mode of payment for purchase of residential/commercial property in India by NRI/PIO?


A.27. Under the general permission available NRI/PIO may purchase residential/commercial property in India out of funds remitted to India through normal banking channel or funds held in his NRE/FCNR (B)/NRO account. No consideration shall be paid outside India.

The bottom line is, can a USC who is also not resident in India buy a residential / commercial property? Thanks for any input.

 

[qwert97]

http://www.thehindubusinessline.com/2006/01/08/stories/2006010802920300.htm

If you read under the description under the picture it said that Manmohan singh handed over the first OCI card and a passport. Does that make sense?
These guys are totally confused

 

[PIO1]

PIO1.. What I hear from my Dad in India these days ... is very confusing. He has been running around for the Birth Certificate / Marriage certificate etc., for his PR process and he tells me that even if he is ready to throw away money for these certificates, the clerks are not willing to take it (?!!!!) I don't know if the clerks are watching a lot of Maniratnam / Shankar movies

They probably don't have discretion. Even today most people don't get Birth/Marriage certs - the US should accept Matric certs or similar and ration cards - not sure...

Anyway, finally when I've saved a little money to put as a down payment to buy a small apartment in India, it seems like my recently acquired US citizenship actually bars me from doing it. That is Q.2...

You are correct it should say "or". The FAQs are based on RBI FEMA controls #21,64 and 65

FEMA Control 21
4.Acquisition and Transfer of Property in India by a Person of Indian origin

A person of Indian origin resident outside India may -

(a) acquire any immovable property other than agricultural land/farm house/ plantation property in India by purchase, from out of (i) funds received in India by way of inward remittance from any place outside India or (ii) funds held in any non-resident account maintained in accordance with the provisions of the Act and the regulations made by the Reserve Bank under the Act;

...
(c)
acquire any immovable property in India by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of the foreign exchange law in force at the time of acquisition by him or the provisions of these Regulations or from a person resident in India;

These answer your questions re property by purchase; and inheritance (inheritance inc Agri) from an NRI! A case of the legislation being easier to follow than the FAQs!

Basically as a PIO you can inherit anything from anyone. You can also purchase non Agricultural land.

 

[PIO1]

http://www.thehindubusinessline.com/2006/01/08/stories/2006010802920300.htm

If you read under the description under the picture it said that Manmohan singh handed over the first OCI card and a passport. Does that make sense?
These guys are totally confused

In a previous post, I mentioned that unless the PM sticks the U-visa on the foreign passport, he and the recipient should be arrested over conspiracy to conduct illegal immigration! The passport is Ms Rai's US passport with the U-visa.

Ok friends - now we know this is a complete act! Note the attractive recipient, and the fact that she shares the same surname as a Bollywood actress, "Rai". All Bollywood stars are related to each other

Nice show. What about the real ones? I'm still waiting for my call.

 

[PIO1]

I have the same question, except that I'm already a U.S. Citizen.

Can someone please tell us if there's a better option than getting a Indian visa, cost / time wise? since they will have a huge backlog for issuing OCIs I don't think, even if I applied end of Jan'05, I'll get the OCI status by March. If PIO is the better option left, how long does it approximately take for the PIO to be issued to my family of 2 adults and 1 child under 5 yrs?

Agree with boggavarapu. ExEB1Waiter & jenimmi. Until you hear of OCI v2 applications being processed in a reasonable time - here this will get you to India and save you money:

Adults: 6 month visa, and apply for OCI when available.
Kids: PIO now, and upgrade when OCI is available. (Sometimes PIO may take 5 days)

This will save you $$$ and you won't need to wait for the OCI like a lot of us did.

 

[qwert97]

In a previous post, I mentioned that unless the PM sticks the U-visa on the foreign passport, he and the recipient should be arrested over conspiracy to conduct illegal immigration! The passport is Ms Rai's US passport with the U-visa.

Ok friends - now we know this is a complete act! Note the attractive recipient, and the fact that she shares the same surname as a Bollywood actress, "Rai". All Bollywood stars are related to each other

Nice show. What about the real ones? I'm still waiting for my call.

I am also waiting for my call from the local consulate general..perhaps on Monday

I am curious to know when these NRI's had applied for OCI. I bet they had applied after December 2nd 2005. I had applied in Dec 2004..why wasn't I invited to Prawasi diwas

 

[boggavarapu]

I have the same question, except that I'm already a U.S. Citizen.

Can someone please tell us if there's a better option than getting a Indian visa, cost / time wise? since they will have a huge backlog for issuing OCIs I don't think, even if I applied end of Jan'05, I'll get the OCI status by March. If PIO is the better option left, how long does it approximately take for the PIO to be issued to my family of 2 adults and 1 child under 5 yrs?

I heard through someone on this forum, that PIO Card will now be phased out as the OCI is now introduced - so you might want to check with the consulate on this and see if they will accept any new applications on PIO card from next week onwards. If they do, you may be able to get it very soon (few days even) and then when you return you might want to convert it into OIC.

 

[mangal969]

I have the same question, except that I'm already a U.S. Citizen.

Can someone please tell us if there's a better option than getting a Indian visa, cost / time wise? since they will have a huge backlog for issuing OCIs I don't think, even if I applied end of Jan'05, I'll get the OCI status by March. If PIO is the better option left, how long does it approximately take for the PIO to be issued to my family of 2 adults and 1 child under 5 yrs?

For the child PIO is good.(OCI through PIO=$175,Direct OCI=$275)
But for adults dont do it you will be wasting a lot of money (OCI through PIO route=$335,Direct OCI=$275) [This is if OCI is in your goals]
If you're really in a hurry you can apply for OCI as early as monday.Or probably a $60 6 month visa is the best option for the adults right now.

Also in response to your other question an FCNR account is meant for NRI's only.So you have to open that account (after you get your OCI) and then put the dollars in that account and take pout the rupees and buy your flat.

 

[boggavarapu]

Concessions for Overseas Indians

http://www.hindu.com/2006/01/08/stories/2006010813030100.htm

 

[mangal969]

I am also waiting for my call from the local consulate general..perhaps on Monday

I am curious to know when these NRI's had applied for OCI. I bet they had applied after December 2nd 2005. I had applied in Dec 2004..why wasn't I invited to Prawasi diwas

They probably read your posts on this forum

 

[mangal969]

http://www.thehindubusinessline.com/2006/01/08/stories/2006010802920300.htm

If you read under the description under the picture it said that Manmohan singh handed over the first OCI card and a passport. Does that make sense?
These guys are totally confused

Maybe not....Maybe the PM was just returning the US Passport with the U Visa attached to it

 

[PIO1]

I heard through someone on this forum, that PIO Card will now be phased out as the OCI is now introduced - so you might want to check with the consulate on this and see if they will accept any new applications on PIO card from next week onwards. If they do, you may be able to get it very soon (few days even) and then when you return you might want to convert it into OIC.

It was mentioned, however that turned out not to be correct. PIO is still a valid option for Austrians for example, and other nationalities for whom the consulates will not issue OCIs.

 

[PIO1]

I am also waiting for my call from the local consulate general..perhaps on Monday

I am curious to know when these NRI's had applied for OCI. I bet they had applied after December 2nd 2005. I had applied in Dec 2004..why wasn't I invited to Prawasi diwas

If you applied in 2004 AND you went to PBD'06 you are either an idiot or a slow learner, acording to the MOIA. No one would get invited to the PBD twice!

http://us.rediff.com/news/2006/jan/...?q=np&file=.htm

Q: Some people say NRIs are bored of the PBD because nothing concrete comes out of it.

Fernandes: That may be true. It's a message for us who are working to make it happen. But every time a lot many new people also come [smiles], and that will make the difference.

If the PM wanted to be fair, he should have invited ALL successful OCI v1/v2 to the PBD to receive their OCIs, or provided a similar ceremony through consulates in their home countries. Under what grounds did those people receive it and not others? I think we will soon find that the whole OCI-PBD thing was a sham. For a start I don't think most OCI v1 would have sufficient information attached to their applications for the MHA to make a decision to grant OCI. Nor have the modalities been worked out between the MHA and consulates for issuing real OCIs at this point in time.

 

[boggavarapu]

Chicago Consulate

http://chicago.indianconsulate.com/Dual Citizenship.htm

 

[PIO1]

As soon as Consulate receives the OCI Certificates and U Visa Strickers, concerned applicants will be notified through our website: www.indianconsulate.com. At that stage, the applicants whose names appear on the website should send their passports to the Consulate, clearly indicating on the top of the envelope “OCI SCHEME” so that such envelopes are segregating from the ordinary dak received in the Consulate for various other purposes and to avoid delay.

Is there any privacy act in India - how can they publish names of people on a web site. How about a phone call or an email?

update: yes there is!

Information Technology Act 2000, Chapter XI Section 72.
Penalty for breach of confidentiality and privacy.

Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuance of any of the powers conferred under this Act, rules or regulations made thereunder, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book. register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Talk about "working out modalities" these guys are just not ready for OCI. They have not yet got the OCI certs or U visas. To top it off if the CG of Chicago publishes names on a website, he's up for a prison term.

 

[basis]

If a person ic currently in India on PIO and is nearing completion of six months then should he /she register with FRRO while the application for OCI is pending consideration ? Does the same apply to minors as well ?

 

[PIO1]

If a person is currently in India on PIO and is nearing completion of six months then should he /she register with FRRO while the application for OCI is pending consideration ? Does the same apply to minors as well ?

Best to be safe than sorry ...

Question 1: Whether every foreigner is required to be registered?

Answer: No. Foreigners visiting India on any short-term visa i.e. valid upto 180 days or less are not required to register. Children below 16 years of age visiting India on any type of visa of any duration are also not required to register.

The following two categories of foreigners are required to register: -

(i) Foreigners entering India on a Student, Employment, Research or Missionary visa, which is valid for more than 180 days, are required to register with the FRRO/FRO/CHIO within 14 days of their arrival in India.

(ii) Foreigners visiting India on any other category of long-term visa which is valid for more than 180 days, are required to register only if they intend to stay in India for more than 180 days continuously during a particular visit. This registration can be done anytime within 180 days of arrival in India.

Question 2: Where can a foreigner register himself?

Answer: A foreigner is required to get himself registered with the FRRO/CHIO (in case of Delhi, Mumbai, Kolkata, Amritsar and Chennai) or the FRO (i.e. SP District) depending on the place where the foreigner intends to stay.


Question 3: Is a foreigner required to register himself/herself on each visit?

Answer: No, a foreigner is not required to register himself on each visit as long as he is visiting on the same visa on which he was first registered. The registree will be required to report to FRRO/FRO/CHIO if he re-enters India on a fresh visa. If the registree obtains a new passport during the validity of his registration and visa, he should get the visa transferred on to his new passport from FRRO/FRO/CHIO for which a service charge of Rs.235/- is levied.

http://www.immigrationindia.nic.in/FAQ_Registration.htm