India Dual Citizenship Mega Thread (Merged)

[gotia]

Apart from visa free entry and not having to register yourself if you stay in India beyond six months, there is very little that has come through on the Dual Citizenship front. The website is cryptic, in that, it says that Dual Citizens would be accorded financial and economic benefits on par with an NRI. However, the same still remains a declaration of sorts and has not come through in the law. Unless the law itself (the Income Tax Act and FEMA) is amended by means of relevant circulars and notifications, we cannot say that Dual Citizens are on par with NRIs. For example, a PIO(an NRI with foreign citizenship) cannot sell real estate to a Resident, he has to sell the same either to an NRI or to a PIO only. However, an NRI is free to sell his house property to a Resident. There are several such aspects which need to be addressed and it remains to be seen if the same is done during the forthcoming Budget on February 28th. Incidentally, we receive a number of queries asking whether now that Dual Citizenship has come about, foreigners can buy agricultural land. It may be clarified here that even NRIs are not allowed to buy agricultural land. Therefore, there is no question of a Dual Citizen be allowed just on account of his Indian citizenship.

http://sify.com/finance/fullstory.php?id=14164251

This is really a concerning situation for those who want to R2I. I was waiting for budget and post budget discussions but nothing has come out from the Govt so far. As usual they will wake up only when people raise their voice or some case law comes up.

To all senior member of forum

a new debate /forum need to be started to addres all economic finanacial
land eceqution income tax and FEMA regulation regulating OCI card holder.
every need is address when it arise. all govt. deprtment need seperate circulation clearly mentioining regulation governing OCI.in above field.
once OCI is resident broad picture come in to existance.

income tax act. FERA act need to be address first.

 

[gc2cz]

Apart from visa free entry and not having to register yourself if you stay in India beyond six months, there is very little that has come through on the Dual Citizenship front. The website is cryptic, in that, it says that Dual Citizens would be accorded financial and economic benefits on par with an NRI. However, the same still remains a declaration of sorts and has not come through in the law. Unless the law itself (the Income Tax Act and FEMA) is amended by means of relevant circulars and notifications, we cannot say that Dual Citizens are on par with NRIs. For example, a PIO(an NRI with foreign citizenship) cannot sell real estate to a Resident, he has to sell the same either to an NRI or to a PIO only. However, an NRI is free to sell his house property to a Resident. There are several such aspects which need to be addressed and it remains to be seen if the same is done during the forthcoming Budget on February 28th. Incidentally, we receive a number of queries asking whether now that Dual Citizenship has come about, foreigners can buy agricultural land. It may be clarified here that even NRIs are not allowed to buy agricultural land. Therefore, there is no question of a Dual Citizen be allowed just on account of his Indian citizenship.

http://sify.com/finance/fullstory.php?id=14164251

This is really a concerning situation for those who want to R2I. I was waiting for budget and post budget discussions but nothing has come out from the Govt so far. As usual they will wake up only when people raise their voice or some case law comes up.

The Reserve Bank of India's FAQ's are fairly informative in this regard:

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

and, for property matters:

http://www.rbi.org.in/scripts/FAQView.aspx?Id=33


Based on the FAQ's, it would appear that basis' understanding is incorrect:

[Selected extract from FAQ attached below]

"V. Transfer of immovable property in India by way of sale by a person resident outside India.


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.


Q.16 Under the general permission available to whom can a PIO transfer his residential / commercial property by way of sale ?


A.16 PIO can transfer by way of sale residential / commercial property in India only to a person resident in India.


Q.17 Can a PIO transfer by way of sale his residential / commercial property to a NIR or a PIO ?


A.17 No. He would need to seek Reserve Bank prior approval for transfer by way of sale residential / commercial property in India to a NRI or a PIO."


Hope this helps.

 

[mangal969]

genesis1,
I got 'the' letter in my mail today
It's pretty generic-Just mentions your OCI Card and Visa No and requests you to either pick it in person or send in your passports.Signed by the Consul (CPV & HOC).No mention of sending the letter back.
I will probably send my passport by Monday .Glad it's all finally over

 

[mpotturi]

genesis1,
I got 'the' letter in my mail today
It's pretty generic-Just mentions your OCI Card and Visa No and requests you to either pick it in person or send in your passports.Signed by the Consul (CPV & HOC).No mention of sending the letter back.
I will probably send my passport by Monday .Glad it's all finally over

Congratulations Mangal.

 

[genesis1]

cgi-ny

Yes- got the letter today.

 

[fitness99]

Congratulations Genesis, Mangal

 

[mangal969]

mpotturi,fitness
Thanks ! Though we are not completely out of the woods yet (There is still the matter of actually receiving the OCI cards and ensuring they are error-free)we are definitely within striking distance.
I hope Mr Krishnan and Jennimi are also in the 'last' stage like me and genesis1 are.

 

[ATLVAS]

oci - Houston..

Yes- got the letter today.

Got email from houston consultate to send in the passports for visa stamping. Sent them today. Waiting for the passports to be back.. Atlast last step...

Srini

 

[rveedu1]

Questions on photo and passport

Hi all,
I am planning on applying for oci for my son @ cgi ny. I have a couple of questions:
1. Does the photo size need to be 3.5x3.5cm? I was reading other cgi websites like cgisf.org that mentions 2x2 inch.
2. When I submit 2 copies of the relevant pages of my son's US passport, my Indian passport and my wife's Indian passport, is it ok to notarize just the first page of the each copy of each passport.

Thank you so much for your help.
rveedu1.

 

[gotia]

genesis1,
I got 'the' letter in my mail today
It's pretty generic-Just mentions your OCI Card and Visa No and requests you to either pick it in person or send in your passports.Signed by the Consul (CPV & HOC).No mention of sending the letter back.
I will probably send my passport by Monday .Glad it's all finally over

congratulation mangal

 

[rajudm]

Finally letter is here... CGINY is on roll!!!

We received the letter from consulate regarding pick up of U sticker and card. I was worried because MHA had responded saying that CGINY has to rescan the photos. It looks like the communication between Delhi and New York is lightning fast!!!!

congratulation mangal

 

[sv2707]

Hi all,
I am planning on applying for oci for my son @ cgi ny. I have a couple of questions:
1. Does the photo size need to be 3.5x3.5cm? I was reading other cgi websites like cgisf.org that mentions 2x2 inch.
2. When I submit 2 copies of the relevant pages of my son's US passport, my Indian passport and my wife's Indian passport, is it ok to notarize just the first page of the each copy of each passport.

Thank you so much for your help.
rveedu1.

please refer to many useful posts with great amount of info in this regard by mangal, fitness et al.

1. In general follow the appropriate CGI rules. Apart from the two pictures pasted on the forms send 3 more in an envelop clearly marked.
You can trim the 2 x 2 in. pictures to about 1.3 x 1.3 in. and that should suffice. (Of course you can always take pictures by a digital camera and size them in Adobe Photoshop. Also there are some passport photo softwares too.)

2. Notarize all pages - First 2 with photo; second 2 with other info. Last 2 with father's name/husband's name; last but one 2;
Note '2' above refers to the two facing pages.
SEND only ONE parent.

3. Also don't forget thumb impressions if the beneficiary is a minor.

 

[rollstream]

OCI time/process in Washington DC?

Any recent citizens in the Washington area applied for OCI at the Indian embassy? What are the steps/documents and how long does it take?

 

[sfbayguy]

# of photos with application

I am now confused reading the previous post. I am quoting the CGI SF instructions for the OCI appl.

"The completed application form (Part-A & Part-B) must be submitted in DUPLICATE for each applicant to the Consulate. You must also submit TOTAL THREE (3) FRONT FACE PASSPORT SIZE PHOTOGRAPHS IN COLOR FOR EACH APPLICANT with WHITE BACKGROUND. Each photograph should be of (SIZE 2" inches X 2" inches). One ORIGINAL photograph must be pasted to each copy of your application(DO NOT STAPLE photograph)"

The way I read this was that of the total three photos, one each was to be pasted onto the form and the third would be just put in an envelope and attached to the application.

Any other SF applicants, did you send 3 additional photos along with the 2 that were pasted to the forms or 1 additional photos along the the 2 attached to the form.

The CGI SF website also lists the photo size at 2" x 2", the standard US PP size.

http://www.cgisf.org/

 

[fitness99]

I am now confused reading the previous post. I am quoting the CGI SF instructions for the OCI appl.

"The completed application form (Part-A & Part-B) must be submitted in DUPLICATE for each applicant to the Consulate. You must also submit TOTAL THREE (3) FRONT FACE PASSPORT SIZE PHOTOGRAPHS IN COLOR FOR EACH APPLICANT with WHITE BACKGROUND. Each photograph should be of (SIZE 2" inches X 2" inches). One ORIGINAL photograph must be pasted to each copy of your application(DO NOT STAPLE photograph)"

The way I read this was that of the total three photos, one each was to be pasted onto the form and the third would be just put in an envelope and attached to the application.

Any other SF applicants, did you send 3 additional photos along with the 2 that were pasted to the forms or 1 additional photos along the the 2 attached to the form.

The CGI SF website also lists the photo size at 2" x 2", the standard US PP size.

http://www.cgisf.org/

For each application - You need to send three pictures in addition to the two you paste on the application and duplicate.

 

[rajapkp]

OCI applicatin at CGI - NY

Hi folks,
I posted my application for oci on March 4th 2006 to CGI New York. My online status is still not updated. I have heard that they usually update within two weeks of receiving it.

Should I wait for some time before calling them ( its already 4 weeks )

Also I did not get the documents notorized, I self-attested it. Will that be a problem.

Will the CGINY send some kind of notification via email,post or phone-call if anything is missing inthe application or should we actively keep asking them the status.

Thanks
Sameer

 

[mangal969]

Hi folks,
I posted my application for oci on March 4th 2006 to CGI New York. My online status is still not updated. I have heard that they usually update within two weeks of receiving it.

Should I wait for some time before calling them ( its already 4 weeks )

Also I did not get the documents notorized, I self-attested it. Will that be a problem.

Will the CGINY send some kind of notification via email,post or phone-call if anything is missing inthe application or should we actively keep asking them the status.

Thanks
Sameer

Sameer,
CGINY does not accept self attested documents.Thats why your application is held up.
What you can do is re-send the dcouments after getting them notarised with a cover letter mentioning your application no (USANIxxxxx).Dont wait for them to contact you.
Historically CGINY did not have much contact in ANY form.Telephone calls regarding deficiencies in the application were received as late as 4 weeks of them receiving the application.
I dont know upto what extent they will respond to you asking them the status.A better way to keep updated is through the MHA website.

 

[mangal969]

rveedu1,
Just to clarify you do not have to send a copy of the whole passport in any case.You just have to send a copy of the relevant information pages i.e in the US passport the main information page and the photo page (if they are different).In the Indian passport you have to send the main info page,the photo page,the address page and the back cover page (which may be the same as the address page).
You need to send the Indian passport of any one parent.Both parents are not required.In both passports only the pages which have your name and photograph need to be notarised.
You will also need to send a notarised copy of the 'long form' of your sons birth certificate which has your and your wife's name on it,as proof of relationship.

 

[genesis1]

Cgi Ny

Sameer,
CGINY does not accept self attested documents.Thats why your application is held up.
What you can do is re-send the dcouments after getting them notarised with a cover letter mentioning your application no (USANIxxxxx).Dont wait for them to contact you.
Historically CGINY did not have much contact in ANY form.Telephone calls regarding deficiencies in the application were received as late as 4 weeks of them receiving the application.
I dont know upto what extent they will respond to you asking them the status.A better way to keep updated is through the MHA website.

Just a small note for all. I sent my application self attested ( not notarised) and also did not send the 3 extra photographs to NY. I just followed the print out instructions.
It took almost 4 weeks for the file to get " Under process". Finally I have got the approval & letter. So just wait for some time. Looks like NY does not review anything except the dollar amount. Just my personal experience. In fact when I called the office they said do not send anything else until asked for.

 

[mangal969]

Just a small note for all. I sent my application self attested ( not notarised) and also did not send the 3 extra photographs to NY. I just followed the print out instructions.
It took almost 4 weeks for the file to get " Under process". Finally I have got the approval & letter. So just wait for some time. Looks like NY does not review anything except the dollar amount. Just my personal experience. In fact when I called the office they said do not send anything else until asked for.

You're lucky...I had sent in my documents with self attestation and i got a call after a month to send notarised dcouments...