India Dual Citizenship Mega Thread (Merged)
- Thread starter columbiaman
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A friends friend who was a 2004 applicant has the information that the 2004 applications will be processed in India and the the filledOCI card and U visa will be sent to the embassy from which they have applied.
I dont know how reliable this information is or where it's come from ,but i thought I'd let you guys know.
I dont know how reliable this information is or where it's come from ,but i thought I'd let you guys know.
boggavarapu
Registered Users (C)
mangal969 said:
I wonder if there is any time frame for this?
Thanks for the info.
basis, you are a CCI (Commonwealth Citizen of India = UK) so the 5 years is waived anyway (Section 5(1)(e) of the citizenship act)basis said:
For others, in practice GoI might overlook your residency, but there is nothing in the citizenship act that allows it. I don't think the statement is correct.
see http://www.indialawinfo.com/bareacts/citi.html SCHEDULE III: QUALIFICATIONS FOR NATURALISATION
Citizenship by Registration
The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:
(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration
Once you give up your citizenship you are a person of indian origin and have to go through the naturilisation process.
But i too have heard the same-Maybe it's not a law but is a practice.
A clarification on OCI-You can convert to full citizenship in 5 years if you have lived in India for a year out of the 5.
The Central Government may, on an application, register as a citizen of India under section 5 of the Citizenship Act 1955 any person (not being an illegal migrant) if he belongs to any of the following categories:
(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India by ordinary residence in India for seven years;
(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for one year before making an application for registration
Once you give up your citizenship you are a person of indian origin and have to go through the naturilisation process.
But i too have heard the same-Maybe it's not a law but is a practice.
A clarification on OCI-You can convert to full citizenship in 5 years if you have lived in India for a year out of the 5.
PIO1 said:
Thanks PIO1. But when I read the provisions of section 5 it clearly says that provided (3) No person who has renounced, or has been deprived of his, Indian citizenship, or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government.
That means if the Citizenship is terminated under section 9 by acuiring citizenship of another country by naturalisation, registration or otherwise then the provisions of section 5 are not applicable in general. One needs an order by central govt whatever that means.
Mangal - In the list referred to by you the provision u/s 5 is not mentioned.
basis said:
basis-The beginning of section 5 says the "prescribed authority" shall do the registration.The rule you mention says that an order from the central government is required for this "prescribed authority" to issue Indian citizenship.
So on this basis i think OCI is the best route for people wanting to regain Indian citizenship.
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 11th Dec
X gat UK passport on 12th Dec
X applies for PIO on 15th Dec
X receives the PIO card on 30th Dec (issue date 15th Dec)
If X is in employment of an Indian company (deputed to the UK) and receives salary in India and allowance in the UK.
From 11th Dec to 30th Dec what's the status of X in terms of employment with the Indian compay. It may be that the status may be an issue only between 11th Dec to 15th Dec (since the PIO card valid from date is 15th Dec).
X takes oath on 11th Dec
X gat UK passport on 12th Dec
X applies for PIO on 15th Dec
X receives the PIO card on 30th Dec (issue date 15th Dec)
If X is in employment of an Indian company (deputed to the UK) and receives salary in India and allowance in the UK.
From 11th Dec to 30th Dec what's the status of X in terms of employment with the Indian compay. It may be that the status may be an issue only between 11th Dec to 15th Dec (since the PIO card valid from date is 15th Dec).
X is an NRI till 11th December ,a PIO upto 15th December and a PIO card holder 15th December onwards.
The status of X with the company is dependent on the contract signed with the company.Is employment dependent on citizenship ? As far as the company goes they have to continue to pay as per their contract.
If the company is in India and as per contract the company pays in India,all this should really not be a problem.
I believe you asked this very same question before.Like I have said before,better to consult a legal expert and a tax expert.
The status of X with the company is dependent on the contract signed with the company.Is employment dependent on citizenship ? As far as the company goes they have to continue to pay as per their contract.
If the company is in India and as per contract the company pays in India,all this should really not be a problem.
I believe you asked this very same question before.Like I have said before,better to consult a legal expert and a tax expert.
I already upto 296 posts and i was kinda hoping that by the time i reach 300 i would have completed the OCI procedure.Well i dont see that happening 
Anyways the reason i was posting is that i heard that CGINY does issue an acknowledgement and instruction sheet if you send them a self addressed and stamped envelope.It contains ther reference number for tracking on the MHA website.When i had asked earlier i was told that this facility is not being implemented at present.Frankly i dont think it's even worth the 39c of postage.It will come when it comes.Dont need to go to the MHA website daily to check on it.
Just for your information guys !
Anyways the reason i was posting is that i heard that CGINY does issue an acknowledgement and instruction sheet if you send them a self addressed and stamped envelope.It contains ther reference number for tracking on the MHA website.When i had asked earlier i was told that this facility is not being implemented at present.Frankly i dont think it's even worth the 39c of postage.It will come when it comes.Dont need to go to the MHA website daily to check on it.
Just for your information guys !
There are three parts to citizenship law, the constitution, the act (1955), and rules(1956) as prescribed by government gazette (http://mha.nic.in/acts-rules/ic_rule56.pdf). Each one has less authority than its predecessor.basis said:
These rule are part of "the orders of the Central Government" you spoke about, and have the fees, application forms, and particular rules of enforcing the constitution and act. Rule 20 seems to allow resumption of Indian citizenship for those who have lost it with reduced formalities - but these rules do not say anything about waiving the 5 years. I think it may be a practice that they overlook it. Of course, you are required to renounce your o/s citizenship.
P.S. the other part to citizenship law, is of course the courts.
Last edited by a moderator:
Actually what basis and PIO1 have mentioned are complimentary to each other.
Rule 5 of the act states that you can't resume indian citizenship without permission of the central government and rule 20 of the citizenship rules shows you how to get that permission.
So basically you apply with your intent to resume Indian citizenship to the MHA and once they clear it you apply to the authority for grant of that citizenship.
Rule 5 of the act states that you can't resume indian citizenship without permission of the central government and rule 20 of the citizenship rules shows you how to get that permission.
So basically you apply with your intent to resume Indian citizenship to the MHA and once they clear it you apply to the authority for grant of that citizenship.
qwert97 said:Mangal
I was begining to wonder if everyone on this forum has already got the OCI card since there has been no activity today
I guess there is nothing much to discuss any longer.People who wanted to apply have applied and those who decided to wait are waiting :.S0 until the first 1374 are actually issued, I guess it's just wait and see for everyone.
The real 'fun' will start after the OCI's get issued and people want to start putting in money or collecting their assets.Those discussions will be blowouts.Maybe we should have some Indian babus as members for that phase.
More changes?
Earlier I asked the question about the $15 mailing charge as to whether it is per person or per application. Just noted this updated info on the chicago consulate website, though not sure if it is the same for NY consulate where I will be applying
$ 15/- are postal charges in r/o one passport only. For each additional passport, please add $ 1/- e.g. if 3 applicants have applied together (in a group of family), a total of $ 17/- is to be added as postal charges ($ 15 + $ 1 + $ 1), if a family of 4 (spouses + 2 minor children) have applied together a total of $ 18/- is to be added as postal charges.
Earlier I asked the question about the $15 mailing charge as to whether it is per person or per application. Just noted this updated info on the chicago consulate website, though not sure if it is the same for NY consulate where I will be applying
$ 15/- are postal charges in r/o one passport only. For each additional passport, please add $ 1/- e.g. if 3 applicants have applied together (in a group of family), a total of $ 17/- is to be added as postal charges ($ 15 + $ 1 + $ 1), if a family of 4 (spouses + 2 minor children) have applied together a total of $ 18/- is to be added as postal charges.