OCI rules for Minor Children - Is it changed recently?

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asecretidnew

Registered Users (C)
Hi

I applied for OCI for my child (US born) in Jan 2006 and got it in Feb 2006. In my case, both me and my wife are Indian citizen. As per current rules she is not eligible for OCI.
As far as I remember, at the time when I applied for OCI back then in Jan 2006, I didn't come across any rule which said that minor children of Indian citizen are not eliglible for OCI.

Do any one know more about this?

Thanks.
 
Read this for current OCI eligiblity rules -
http://www.mha.nic.in/oci/faqs.pdf

Thsi document is fairly new. My personal understanding from reading the OCI rules even from late last year time frame was always that minor children of Indian citizens were not eligible, but then since it was not clarified explicitely at that time, many people interpreted those rules differently, including I assume the people working at MHA.
But that is the reason why I personally waited till now when I got my US citizenship to apply for my Kids' OCI along with mine.

Since you child has gotten her OCI earlier this year, I would count you as one of the lucky few. :)

Lets just hope if MHA decides to cancel such OCIs (which hopefully they should not since the rules were definitely ambiguous), then at least they should send out notifications to the affected people.

Let us know your experience at the Indian airports when you travel with your child to India.
 
Thanks for the information. So it was indeed ambiguous at the time when I applied. With the current rules in mind I am not sure whether I will take a chance. I don't want to face a situtation where I go to India and my child is stopped at the immigration.
 
Minor with Indian parents not eligible for OCI

This rule is new for me too.I have applied for the OCI card when such rule did not existed for the minor.Now are they going to return the $275 which they have taken from us. :confused:
 
sumeet6776 said:
This rule is new for me too.I have applied for the OCI card when such rule did not existed for the minor.Now are they going to return the $275 which they have taken from us. :confused:
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Have you already gotten the OCI card for your kid?
If yes, then I suggest you email the people in MHA Delhi and explain to them that your kid got the OCI card before the rule was implemented. Ask them if the kid's OCI will remain valid. And please do let us know the answer
 
OCI cards issued prior to the new eligibility rules will continue to be valid and acceptable for entry to India.
 
techie8
Thanks for the information. Did you get this info from MHA or Indian Consulate?.

I am in the same situation and worried about traveling to India. Has anyone with OCI traveled recently?.

Thanks
Project_A
 
Hello
There seems to be some confusion regarding OCI for minors.
From what I read only the minors who have both Indian citizen parents are ineligible.Otherwise there shouldnt be a problem.
In the FAQ's Q1 says minors are eligible while Q6 clearly says that a minor with both Indian citizen parents are ineligible.

Let's see how the MOIA/embassy clarifies this
 
What i meant to say is that there are certain minors who still seem to maintain OCI eligibility.

I personally think this has something to do with PIO to OCI conversion which for minors turned out to be cheaper than thew actual OCI
 
I don't think that was the reason they are not allowing OCI for Minors now. I mean switching from PIO to OCI.

During early months when OCI was introduced lot of Minors got OCI even without prior PIO status, now it is confusing if those OCIs are still valid.

Contacting Indian consulate is not helpful as they do not respond, so we are concerned about this dilemma. What if Immigration off.. creates trouble at the port of entry in India?.

Has anyone got a reply from Consulate?. What are the guidelines on previously approved OCI's for Minors?. Any experiences at port of entry in India?.

Appreciate your comments and feedback.
 
My take on this issue is GOI is valid in putting this rule. Since the child is born to Indian citizens until the age of 18 it has a choice of Indian or US citizenship.

That is why it does not make sense to have OCI for a child who could become Indian citizen if she wants to.

In USA the rule states Children born to US Citizen parents can elect to become a US citizen no matter were he/she is born.

Just my 2 cents.
 
FYI
Like many other Indian parents with a US Citizen newborn I too prepared the paper work to apply for PIO for my daughter as she is ineligble for OCI.

I went with the paperwork to the consulate before Christmas and the lady at the Houston Consulate asked me why i am not doing an OCI instead of a PIO. She said it is only $15.00 more. I told her that the website states my daughter is ineligble as she has Indian parents. She said that rule has been lifted for sometime (did not know how long) and advised that i apply for OCI after i recieved PIO.
 
OCI for minor children of Indian parents

Applications submitted until 31-August-2006 by parents (both Indian citizens) on behalf of children holding non-Indian passports, upon satisfying other conditions, have been granted OCI according to the applicable OCI rules that time.

Starting 1-September-2006, addition OCI rule was introduced which makes the children in-eligible to get OCI when both parents are Indians.

Check minor children's regitration date in OCI Registration Certificate. If it is ON or BEFORE 31-August-2006, if both parents were Indian citizens on that day, still the OCI documents are completely VALID.
 
This is for parents with Indian passports who were able to get OCI for their minor children.
I moved to India for good in February. I didn't face any issues at the Chennai immigration.
 
OCI granted before August 2006

I have similar situation. My child is born in US and both parents are Indian citizen. I applied for OCI for my child in June 2006 and I received it successfully.

I talked to Consulate in New york (on 7/16/2007) by phone at number 212-774-0605 (between 2.00pm to 5.00pm EST) and they said that there is no problem in my case. The rule (that if child is born outside India and both parents are Indian citizen then child is not eligible for OCI) is introduced from August 2006. So any OCI issued before that is fine. So there is nothing to worry if OCI was granted before August 2006.

I hope this helps.
 
ddagsyn said:
FYI
Like many other Indian parents with a US Citizen newborn I too prepared the paper work to apply for PIO for my daughter as she is ineligble for OCI.

I went with the paperwork to the consulate before Christmas and the lady at the Houston Consulate asked me why i am not doing an OCI instead of a PIO. She said it is only $15.00 more. I told her that the website states my daughter is ineligble as she has Indian parents. She said that rule has been lifted for sometime (did not know how long) and advised that i apply for OCI after i recieved PIO.
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Is this during december 2006? Did you apply for OCI after receiving PIO? were you able to get OCI? Please reply.
 
Is this rule still applicable. I and my wife both r Indian citizen stuck in the GC queue for Name Check clearence.

My kids are by birth American citizen, are they eligible for OCI?

Thanks
 
rasunny said:
Is this rule still applicable. I and my wife both r Indian citizen stuck in the GC queue for Name Check clearence.

My kids are by birth American citizen, are they eligible for OCI?

Thanks
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Short answer. No, if they are still minors.
When you get your USC eventually, you can apply for the OCI at that time for entire family. Till that time, you will have to use the PIO card.

If you have the PIO card already, you don't need to pay full fees when you apply for the OCI.
 
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