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 .
Another day and another twist of details...If any of this is true then OCI is nothing more than a lifetime multi-purpose multi-entry visa. I hope they really get their act together and stop making these announcements in the media.
 
Who is actually issuing OIC ? One article says the NRI ministry will be the issuing body and the other says that it will be the Home ministry ??!!!!??

No wonder no work gets done---nobody knows what they are supposed to be doing !!!!!!!
 
This Overseas Citizenship scheme is clearly not Citizenship at all, in any normal sense of the word. You can't vote, can't hold political office, and it can be cancelled by the government at any time, without specifying a reason. As far as I've heard you can't even get an Indian passport. All you'll get is a smart-card of some sort. That doesn't sound like any kind of citizenship to me.

It is, however, much more like a green card, or a permanent resident visa (without actually needing a residency requirement to keep it valid). If you apply for it keeping that in mind, it's probably worth getting. However, the Government of India is either very confused about what citizenship is, or it is deliberately obfuscating in order to fool the more simple-minded about what they're really applying for.
 
Hotdiggety said:
This Overseas Citizenship scheme is clearly not Citizenship at all, in any normal sense of the word. You can't vote, can't hold political office, and it can be cancelled by the government at any time, without specifying a reason. As far as I've heard you can't even get an Indian passport. All you'll get is a smart-card of some sort. That doesn't sound like any kind of citizenship to me.

It is, however, much more like a green card, or a permanent resident visa (without actually needing a residency requirement to keep it valid). If you apply for it keeping that in mind, it's probably worth getting. However, the Government of India is either very confused about what citizenship is, or it is deliberately obfuscating in order to fool the more simple-minded about what they're really applying for.
Click to expand...

:D Indian government is just trying to make a quick buck! I currently have a PIO, and I am not planning to apply for OIC/OCI/Smart Card/U Visa or whatever the heck they want to call it....I agree they should not have the word citizenship in this regard...since it is not citizenship at all...

This is what happens when headless people run the political system...
 
The excuse that the Indian government keeps using to deny us REAL dual citizenship, is that the Indian constitution prohibits it. As soon as they use this excuse, all of us seem to give up hope and keep our mouths shut.

Well, if the constitution prohibits it, then they should change it. It's much easier to change the Indian constitution than the one in the US. In fact, I can see 92 amendments that have taken place since 1950, some for what seem to be almost trivial reasons. If the government wanted to get it changed to remove the dual citizenship prohibition, I'm certain that they could do it. The fact that they have chosen not to take that route, tells me that they're really not serious about this at all.

For your information, here is a link to a list of amendments to the Indian constitution:

http://indiacode.nic.in/coiweb/coifiles/amendment.htm
 
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Hotdiggety said:
The excuse that the Indian government keeps using to deny us REAL dual citizenship, is that the Indian constitution prohibits it. As soon as they use this excuse, all of us seem to give up hope and keep our mouths shut.

Well, if the constitution prohibits it, then they should change it. It's much easier to change the Indian constitution than the one in the US. In fact, I can see 92 amendments that have taken place since 1950, some for what seem to be almost trivial reasons. If the government wanted to get it changed to remove the dual citizenship prohibition, I'm certain that they could do it. The fact that they have chosen not to take that route, tells me that they're really not serious about this at all.

For your information, here is a link to a list of amendments to the Indian constitution:

http://indiacode.nic.in/coiweb/coifiles/amendment.htm
Click to expand...

I agree that they use the BS story that Indian constitution prohibits it, when they should take appropriate measures to amend it...Unless all the PIO's abroad make enough noise, I do not think that will happen. It appears that the politicians are looking for a reason not to introduce this amendment (and hence the cooked by dual citizenship OIC, but not really dual). Personally, I think enough NRI's are investing in India at this moment, and the governement perhaps sees no reason to amend the constitution...
 
About full overseas nationality well i feel it would be a moot point cause we just dont have the infrastructure (yet) to vote.I mean when we still had our indian passports we could not vote from abroad so to arrange for OIC's would be phenomenal for our government (And besides-how can politicians influence overseas voters ?)
About the other things not allowed to OIC's like government jobs parliamentary posts etc i agree with the prohibitions.It would be in a sense allowing foreigners to have a say in the countries affairs.
Maybe we should call it OIN (Overseas Indian Nationality) instead of OIC and Dual citizenship.
At the risk of sounding optimistic maybe they plan to eventually grant full status to OIN's that's why they are prenaming it OIC ! ! !

Lets see what happens...i wouldnt mind applying for OIN if just for the U Visa...other stuff is ok.
 
SALIENT POINTS OF CITIZENSHIP (AMENDMENT) ORDINANCE, 2005 - PRESS NOTE
--------------------------------------------------------------------------------

19:11 IST
Citizenship (Amendment) Ordinance, 2005 has been promulgated on 28th June, 2005. This will amend the Citizenship Act, 1955 by deleting Schedule four of present Act, whereby persons of Indian origin, who or whose parents/grand parents migrated from India after 26th January, 1950 or were eligible to become Indian citizen on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 and their minor child, whose present nationality is such a country which allows dual citizenship in some form or the other will become eligible to be registered as overseas citizens of India. This provision is extended to such citizens of all countries other than those who had ever been citizens of Pakistan and Bangladesh. The amendment further reduces the period of stay of two years to one year in India for OCI, who is registered for five years, to become eligible for grant of Indian citizenship.

2. The Prime Minister in Pravasi Bhartiya Divas, 2005 made a statement to extend the facility of OCI to all countries beyond the 16 mentioned in the fourth Schedule of Citizenship Act, 1955. This ordinance will fulfill that commitment. Further, the Prime Minister said that the application form and format of the citizenship certificate could be simplified and the benefits available to OCIs will be properly specified. Accordingly, the Citizenship Rules, 1956 have been suitably amended to simplify the application forms and the procedures. The earlier application form was for one person and required oath of allegiance to be sworn in before the Indian consular staff and declaration of immovable properties and the list of family members living outside India. The new application form has been made applicable for four persons wherein the spouse and up to two minor children can apply together. Various requirements which were not to be used in deciding OCI registration have been done away with and the form has been greatly simplified bringing in clarity and transparency.

3. As regards the procedure, now the things have been made much simpler. Earlier such persons had to apply only in their country of citizenship, whereas now they can also apply in the country where he/she is ordinarily residing. The condition of oath of allegiance has been done away with. For forms within the country only FRRO and MHA have been authorized to receive applications for OCI. The fees of US$ 275 for grant of OCI can be deposited in equivalent local currency. A provision has been made that those who are PIO card holders can also apply for OCI, if he/she is so eligible, on payment of nominal fees of US$ 25.

4. Indian Missions have been authorized to grant OCI within 15 days to such cases wherein there is no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year. For such cases the Mission can grant OCI and then send the matter to MHA for post verification. In all other cases where there is some involvement and crime record is declared, the cases will be cleared within the period of three months after prior inquiry into the antecedents of the individual by MHA. It may be noted that every case will be inquired into pre or post and if someone is found to have acquired OCI certificate on false information, the certificate will be cancelled forthwith.

5. As regards the benefits, notifications have been issued by the Home Ministry for introducing a new type of visa called ‘U’ visa which is multi- purpose, multiple entry life long visa. This will entitle the OCI card holder to visit the country at any time for any length of time and for any purpose. Further, such OCI registered persons have been exempted from police reporting for any length of stay in the country. Such persons have also been granted all rights in the field of economic, financial and educational fields in parity with NRIs. However, they will have no right with respect to acquisition of agricultural or plantation properties.

6. After the promulgation of the ordinance, steps have been initiated to print the visa stickers and the registration certificates. The registration certificate will look like a passport, the one given to registered PIOs. The Cabinet has also directed Ministry of Overseas Citizens of India Affairs to work on a preposition to give smart cards to registered OCIs and they will also be authorized to issue notifications for giving any specific right to registered OCIs.

7. MHA may be in position to roll out this scheme with simplified, transparent and time bound scheme possibly by 15th August, 2005 and hopes that a large number of Indian diaspora will seek registration as Overseas Citizens of India. Such persons will not only get an opportunity to visit their roots anytime for any purpose and for any length of time but will also contribute towards the national goal of equitable development by generously contributing to national economy
 
mangal969 said:
SALIENT POINTS OF CITIZENSHIP (AMENDMENT) ORDINANCE, 2005 - PRESS NOTE
--------------------------------------------------------------------------------

19:11 IST
Citizenship (Amendment) Ordinance, 2005 has been promulgated on 28th June, 2005. This will amend the Citizenship Act, 1955 by deleting Schedule four of present Act, whereby persons of Indian origin, who or whose parents/grand parents migrated from India after 26th January, 1950 or were eligible to become Indian citizen on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 and their minor child, whose present nationality is such a country which allows dual citizenship in some form or the other will become eligible to be registered as overseas citizens of India. This provision is extended to such citizens of all countries other than those who had ever been citizens of Pakistan and Bangladesh. The amendment further reduces the period of stay of two years to one year in India for OCI, who is registered for five years, to become eligible for grant of Indian citizenship.

5. As regards the benefits, notifications have been issued by the Home Ministry for introducing a new type of visa called ‘U’ visa which is multi- purpose, multiple entry life long visa. This will entitle the OCI card holder to visit the country at any time for any length of time and for any purpose. Further, such OCI registered persons have been exempted from police reporting for any length of stay in the country. Such persons have also been granted all rights in the field of economic, financial and educational fields in parity with NRIs. However, they will have no right with respect to acquisition of agricultural or plantation properties.
Click to expand...

I've never seen something so contradictory in my life.

If you need a visa, you are NOT a citizen, and it doesn't mater if it is for a lifetime.

If bureaucrats can arbitrarily determine what you can or cannot do, you are NOT a citizen.

The first paragraph talks about granting dual citizenship to nationals of countries that allow dual citizenship. This is just smoke and mirrors. The Indian government is NOT granting anyone citizenship. They are granting a lifetime visa or a green card. Therefore it doesn't matter whether the country of your present nationality allows dual citizenship or not. It's irrelevant. What they are granting, can be given to anyone regardless.

What you're getting is an Indian "green card". If it's worth it to you to get Indian permanent residence, then going through this process is still worth it.

However, my guess is that they are deliberately denying us political rights. They are afraid that our "foreign" ideas about free-enterprise, and open, transparent and accountable government, may eventually lead to the collapse of their corrupt little empire, where anyone who wants anything done must line up to them obediently, cash in hand.

In fact, I think that this desire to not give us any power has been at the heart of the delays on this issue. They need to try to mollify us somewhat, but they don't want us to have political power. They have dragged their feet, as they've wrestled with these two conflicting propositions. They've finally come up with this "Citizenship-which-is-really-a-visa" idea, in the hopes that we'll either not notice what we're getting, or that enough people will be sufficiently happy with it to not put up too much of a fuss.
 
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I had applied for OIC at SFO indian consulate just before they put the OIC on hold. There is no mention in the press release on how the exisiting applications will be processed.
 
Same here. I also applied for OIC at Chicago Consulate just before the scheme was put on hold. I am hoping the existing applications will be dealt as they are. I hope the approval and the registration documents should be received by us by the end of August 2005!
 
The below info is posted on the SanFrancisco Indian consulate website,

Overseas Citizenship

The scheme of granting 'Overseas Indian Citizenship (OIC) under the Citizenship (Amendment) Act, 2003 has been put on hold till further notice. Therefore, applications for Overseas Indian Citizenship will not be received by the Consulate General of India, San Francisco, till further notice.

The Government of India is considering simplification of the application form and procedure for grant of registration. The kind of certificate (in the form or booklet/card/other form) to be issued to applicants and notification of benefits that would be available to them is also under consideration of the Government.

Status of applications

Applications submitted to the Consulate upto 17th January 2005 have been processed here and sent to the concerned authorities in India. These will be further processed in India after the revised scheme is in place. Applications submitted to the Consulate after 17th January 2005 would be forwarded to the concerned authorities in India on receipt of revised instructions.

Time frame for issue of documents

The revision of procedure is likely to take some time. As soon as information on this is available, that would be posted on the website. Those who need to proceed to India may apply for appropriate visa or PIO card.
 
My suggestion to you would be to ask them to cancel/withdraw your application for now as long as you dont lose any money and eapply in the new procedure.
 
Agricultural property with PIO or OIC?

It appears that a PIO or OIC cannot acquire agricultural land. Is there any fine print which prevents a PIO/OIC from owning agricultural property which is inherited?

I plan to apply for OIC, if PIO can give the opportunity to inherit agricultural property I would be just happy with it.

thanks
 
With the PIO you cannot own the agriclutural/plantation properties, but there I think a while ago RBI had issued a notification that agriclutural/plantation properties received thru inheritance are ok. I don't remember the exact source document. Be patient with the OIC and see what finally comes out of it. There is quite a bit of contradictory information coming out. Initally, when the OIC was introduced in 2003, the ability to own agriclutural/plantation properties was touted as one of the main benefits. Try a link below:
http://www.cgihouston.org/faqdual.htm

What are the facilities of “Overseas Citizenship”?
i) An Overseas Citizen of India will enjoy all rights and privileges available to NRIs including investment in agriculture and plantation properties, which is currently not available to PIO card holders.
ii) There would be no visa requirement for travel to India. The person would have to carry his/her existing foreign passport alongwith Registration Certificate.
iii) The person so traveling would not be required to complete
registration formalities for his/her stay in India (no need for
registering with the FRRO, if the stay exceeds six months).
iv) All facilities as available to children of Non-resident Indians for getting admission to educational institutions in India including Medical and Engineering Colleges, Management Institutes etc. under the general category and membership of various housing scheme etc. will be open to holders of Certificate of Registration.

At the rate the Indian bureaucrats are going, OIC will probably end up being a life time visa to India. But knowing them, they may get creative and start charging a additional fee to issue a smart card or other document that you may have to renew and pay some more $$ every 10 or 15 years....
 
rajudm said:
It appears that a PIO or OIC cannot acquire agricultural land. Is there any fine print which prevents a PIO/OIC from owning agricultural property which is inherited?

I plan to apply for OIC, if PIO can give the opportunity to inherit agricultural property I would be just happy with it.

thanks
Click to expand...

Yes...you can own inherited agricultural/planatation properties...here is the link that someone posted before...
http://www.khaleejtimes.com/rbi/page4.htm
 
What about the agricultural land purchased before becoming US citizen?

...Retain it? Transfer it? Sell it?
Same is true for residential real-estate?(land or house)?
Thanks in advance.
 
Does anyone knows what would be the status of NRE accounts once person gets OIC ?Right on as per FEMA once NRI returns to india for more than 180 days he/she loses the NRI status and becomes "local resident" of the country and hence won't get tax benefits anymore. Is this going to be same for OIC as well?
 
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