PIO holder's OCI question

S

shankariyer

Registered Users (C)
Hi,

My wife and I are here working with our EAD. Our daughter was born here and now has her Passport and PIO, which I got recently.

I do understand the purpose of PIO for short-term visits to India.

But at this time, we're also thinking about moving back to India for good. With that in mind, I'm exploring what options my daughter has.

For one, we would like her to have long-term permanent residency in India. At the same time, if it is possible for her to hold her US passport/citizenship, it'd be great, but not a constraint. I read different opinions on OCI and dual-citizenship and honestly I'm confused.

What are our options ?

Thanks.
 
shankariyer said:
Hi,

My wife and I are here working with our EAD. Our daughter was born here and now has her Passport and PIO, which I got recently.

I do understand the purpose of PIO for short-term visits to India.

But at this time, we're also thinking about moving back to India for good. With that in mind, I'm exploring what options my daughter has.

For one, we would like her to have long-term permanent residency in India. At the same time, if it is possible for her to hold her US passport/citizenship, it'd be great, but not a constraint. I read different opinions on OCI and dual-citizenship and honestly I'm confused.

What are our options ?

Thanks.
Click to expand...

The 'C' in OCI can be confusing - having it doesn't make you a dual citizen - India doesn't allow it! If both you and your wife still hold Indian citizenship, your daughter is only eligible for PIO, not OCI. See http://www.immihelp.com/nri/pio-vs-oci.html for more details.
 
akgarg said:
The 'C' in OCI can be confusing - having it doesn't make you a dual citizen - India doesn't allow it! If both you and your wife still hold Indian citizenship, your daughter is only eligible for PIO, not OCI. See http://www.immihelp.com/nri/pio-vs-oci.html for more details.
Click to expand...

Interesting, per the Indian Consulate website, they dont talk about parents being Not Indian Citizens. Quote below.

OP should call Indian Consulate to see if they can grant OCI to their kid even if they are citizens of india.


From the link http://www.indiacgny.org/php/showContent.php?linkid=174
---------------------------------------------------
6. The applicant must necessarily satisfy the following criteria in order to be eligible to apply for OCI Status:

1. If the applicant or one of the applicant's parents or one of the applicant's grandparents was a citizen of India after January 26, 1950.
2. If the applicant or one of the applicant's parents or one of the applicant's grandparents belonged to a former territory (Goa, Daman & Diu, Dadra & Nagar Haveli, Sikkim and Pondicherry) that became part of India after August 15, 1947.
3. If the applicant or one of the applicant's parents or one of the applicant's grandparents was eligible to become a citizen of India at the time of commencement of the Constitution of India on January 26, 1950.
 
absrao said:
Interesting, per the Indian Consulate website, they dont talk about parents being Not Indian Citizens. Quote below.

OP should call Indian Consulate to see if they can grant OCI to their kid even if they are citizens of india.


From the link http://www.indiacgny.org/php/showContent.php?linkid=174
---------------------------------------------------
6. The applicant must necessarily satisfy the following criteria in order to be eligible to apply for OCI Status:

1. If the applicant or one of the applicant's parents or one of the applicant's grandparents was a citizen of India after January 26, 1950.
2. If the applicant or one of the applicant's parents or one of the applicant's grandparents belonged to a former territory (Goa, Daman & Diu, Dadra & Nagar Haveli, Sikkim and Pondicherry) that became part of India after August 15, 1947.
3. If the applicant or one of the applicant's parents or one of the applicant's grandparents was eligible to become a citizen of India at the time of commencement of the Constitution of India on January 26, 1950.
Click to expand...

Not true... see #6 in http://www.cgisf.org/oc/OCI_FAQS.html
 
akgarg said:
Not true... see #6 in http://www.cgisf.org/oc/OCI_FAQS.html
Click to expand...
Thanks for the link. Then it seem to contradict the eligibility rules mentioned on the Indian Consulate of Newyork. Further the same Indian Consulate of Newyork page says OCI Applications can be made on behalf of a minor child by a guardian/parent. Nothing about requirement for the parent to be non citizen or OCI holder him/herself. Oh well.
 
So... the answer is PIO is all we have. With PIO can my daughter go to school and continue her education there ?

Thank you all !
 
absrao said:
Thanks for the link. Then it seem to contradict the eligibility rules mentioned on the Indian Consulate of Newyork. Further the same Indian Consulate of Newyork page says OCI Applications can be made on behalf of a minor child by a guardian/parent. Nothing about requirement for the parent to be non citizen or OCI holder him/herself. Oh well.
Click to expand...

There is no contradiction... I agree that things could be better organized/written, though. Follow the 'Frequently Asked Questions' link at the bottom of http://www.indiacgny.org/php/showContent.php?linkid=174, and see #5 and #31 re. OCI eligibility for minor children.
 
Last edited by a moderator:
I know that you cannot get OCI for minor children when both parents are Indian citizens. Ever wonder why that rule was made? Why PIO is allowed but not OCI?
 
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