OCI - Frequently asked questions
Source: Ministry of home affairs,
Government
of India
Frequently Asked Questions
On Overseas Citizenship of India (OCI)
1. Who is eligible to apply?
A foreign national, who was eligible to become citizen of India on
26.01.1950 or was a citizen of India on or at any time after 26.01.1950
or belonged to a territory that became part of India after 15.08.1947
and his/her children and grand children, provided his/her country of
citizenship allows dual citizenship in some form or other under the
local laws, is eligible for registration as Overseas Citizen of India
(OCI). Minor children of such person are also eligible for OCI. However,
if the applicant had ever been a citizen of Pakistan or Bangladesh,
he/she will not be eligible for OCI.
2. Who was eligible to become Citizen of
India on 26.01.1950?
Any person who or either of whose parents or any of whose grand-parents
was born in India as defined in the Government of India Act, 1935 (as
originally enacted), and who was ordinarily residing in any country
outside India was eligible to become citizen of India on 26.01.1950.
3. Which territories became part of India
after 15.08.1947 and from
what date?
The territories, which became part of India after 15.08.1947 are:
(i) Sikkim from 26.04.1975
(ii) Pondicherry from 16.08.1962
(iii) Dadra & Nagar Haveli from 11.08.1961
(iv) Goa, Daman and Diu from 20.12.1961
4. Can the spouse of the eligible person apply for OCI?
Yes, if he/she is eligible in his/her own capacity.
5. Can children of parents, wherein one of
the parents is eligible for
OCI, apply for OCI?
Yes.
6. In what form should a person apply for
OCI and where are they
available?
A family of spouses and up to 2 minor children can apply in the same
form i.e. Form
XIX, which can be downloaded from the
Ministry of Home Affairs website
7. Can application form be filled and
submitted on line?
No. For the present, applications form has to be submitted by hand/mail
to the Indian Mission/Post.
8. What documents have to be attached with
the application?
The following documents shall be enclosed with each application:
(1) Three additional stamp size photographs
(2) Proof of citizenship of applicant(s)
(3) Evidence of self or parents or grandparents
(a) being eligible to become a citizen of India at the time of
commencement of the Constitution; or
(b) belonging to a territory that became part of India after 15th
August, 1947; or
(c) being citizen of India on or after 26th January, 1950,
these are :–
(i) Copy of the passport (or)
(ii) Copy of the domicile certificate issued by the Competent authority
(or)
(iii) Any other proof (or)
(iv) Affidavit
(4) Evidence of relationship as parent/grandparent, if their Indian
origin is
claimed as basis for grant of OCI.
(5) Proof of fee payment US$ 275/- for each applicant or equivalent in
local currency (US$ 25/- or equivalent in local currency for each PIO
card holder).
(6) PIO card holders must also submit a copy of their PIO card.
9. What documents would qualify for “Any
other proof” for evidence
of self or parents or grandparents being eligible for grant of OCI?
Any documentary evidence by which the officer equivalent to Under
Secretary to the Government of India in the Indian Mission/Post can
diligently arrive at the decision.
10. How many copies of application have to
be submitted?
Application has to be submitted in duplicate.
11. Whether applicant(s) have to go in
person to submit the
application (s)?
No. Application (s) can be sent by post.
12. Do the applicant (s) have to take oath
before the Counsel of the Indian Mission/Post?
No. Earlier provision in this regard has been done away with.
13. Where to submit the application?
To the Indian Mission/ Post of the country of citizenship of the
applicant. If the applicant is not in the country of citizenship, to the
Indian Mission/Post of the country where he is ordinarily residing. If
the applicant is in India, to the FRRO Delhi, Mumbai, Kolkota or
Amritsar or to CHIO, Chennai or to the Under Secretary, Citizenship
section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer
House, 26, Mansingh Road, New Delhi-110011.
14. Can a person apply in the country
where he is ordinarily residing?
Yes.
15. What are the consequences of
furnishing wrong information or suppressing material information?
All the applications will be subject to pre or post enquiry depending on
whether any adverse information is available or not. If the Government
comes to the knowledge that any false information was furnished or
material information was suppressed, the registration as OCI already
granted shall be cancelled by an order under section 7D of the
Citizenship Act, 1955. The persons will also be blacklisted banning
his/her entry into India.
16. What is the fee for application for
registration as OCI?
US$ 275/- or equivalent in local currency for each applicant. In case of
PIO card holder, US $ 25 or equivalent in local currency for each
applicant.
17. What is the time taken for
registration as OCI?
Within 15 days of the application, if there is no adverse information
available against the applicant. If any adverse information is available
against the applicant, the decision to grant or otherwise is taken
within 3 months
18. If the registration as OCI is not
granted, what amount will be refunded?
An amount of US$ 250/- or equivalent in local currency shall be
refunded, if registration is refused. US $ 25 is the processing fees,
which is non-refundable.
19. Can a PIO cardholder apply?
Yes, provided he/she is otherwise eligible for grant of OCI like any
other applicant.
20. Will the PIO Cardholder be granted OCI
registration gratis?
No. He/she has to make a payment of US $ 25 or equivalent in local
currency along with the application.
21. Will the PIO card be honored till the
time they are valid even after acquisition of OCI?
No. The PIO card will have to be surrendered to Indian Mission/MHA for
grant of OCI registration certificate and OCI ‘U’ visa sticker.
22. What will be issued after registration
as OCI?
A registration certificate in prescribed format will be issued and a
multiple entry, multi-purpose OCI ‘U’ visa sticker will be pasted on the
foreign passport of the applicant. For this purpose, the applicant has
to send the original passport to the Indian Mission/Post after receipt
of the acceptance letter/OCI registration certificate.
23. Will a separate OCI passport be
issued?
No.
24. Will a duplicate certificate of
registration as OCI be issued?
Yes. For this purpose, an application has to be made to the Indian
Mission/Post with evidence for loss of certificate. In case of
mutilated/damaged certificate an application has to be made enclosing
the same. The applications in both the cases have to be made to the same
Indian Mission/ Post which issued the certificate along with payment of
fee of US$ 25/- or equivalent in local currency.
25. Will a new OCI visa sticker be issued
on the new foreign passport after the expiry of the old passport?
Yes. On payment of requisite fee, a new OCI ‘U’ visa sticker will be
issued. However, the applicant can continue to carry the old passport
wherein OCI ‘U’ visa sticker was pasted along with new passport for
visiting India without seeking a new visa, as the visa is for lifelong.
26. Will the applicant lose his
citizenship after registering as OCI?
No. As only citizens of the country which allows dual citizenship under
the local laws in some form or the other are eligible for applying for
registration as OCI, losing foreign citizenship does not arise.
27. Can a person holding OCI travel to
protected area/restricted area without permission?
No. He/she will be required to seek Protected Area Permit (PAP)/
Restricted Area Permit (RAP) for such visits.
28. Would the Indian civil/criminal laws
be applicable to persons registered as OCI?
Yes. For the period, OCI is living in India.
29. Can a person registered as OCI be
granted Indian citizenship?
Yes. As per the provisions of section 5(1) (g) of the Citizenship Act,
1955, a person who is registered as OCI for 5 years and is residing in
India for 1 year out of the above 5 years, is eligible to apply for
Indian Citizenship.
30. Will OCI be granted gratis to certain
categories of people?
No.
31. Can OCI be granted to foreign
nationals who are not eligible for OCI, but married to persons who are
eligible for OCI?
No.
32. Will foreign-born children of PIOs be
eligible to become OCI?
Yes, provided one of the parents is eligible to become OCI.
33. What are the benefits of OCI?
Following benefits will be allowed to OCI:
(a) Multi-purpose, multiple entry, lifelong visa for visiting India.
(b) Exemption from registration with local police authority for any
length of stay in India.
(c) Parity with NRIs in respect of economic, financial and education
fields, except
in matters relating to the acquisition of agricultural/plantation
properties.
34. Will any other benefit be granted to OCI?
Any other benefits to OCI will be notified by the Ministry of Overseas
Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.
35. Whether the OCI is entitled to voting
rights?
No.
36. Whether the OCI is entitled to hold a
constitutional post in India?
No.
37. Whether the OCI is entitled to hold
Government posts in India?
No, except for the posts specified by an order by the Central
Government.
38. If a person is already holding more
than one nationality, can he / she apply for OCI?
Yes, as long as the local laws of at least one of the countries allow
dual citizenship in some form or other.
39. What are the advantages of OCI when
compared to PIO cardholders?
(i) OCI is entitled to lifelong visa free travel to India whereas for
PIO cardholder, it is for 15 years.
(ii) PIO cardholder is required to register with local Police authority
for stay exceeding 180 days in India on any single visit whereas OCI is
exempted from registration with Police authority for any length of stay
in India.
40. Whether an OCI be entitled to apply
for and obtain a normal Indian passport which is given to a citizen of
India?
No. Indian Passport is given only to an Indian citizen.
41. Whether nationals of Commonwealth
countries are eligible for OCI?
Yes, if they fulfill the eligibility criteria.
42. Can a person renounce OCI?
Yes. He/she has to declare intention of renunciation in
Form
XXII to the Indian Mission/Post where OCI registration was granted.
After receipt of the declaration, the Indian Mission/Post shall issue an
acknowledgement in Form
XXII A.
43. Do the applicants who have applied on
the earlier prescribed application form have to apply again in the new
form?
No. All such applications will be considered for registration as OCI
without seeking fresh application and fee.