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LEGISLATION FOR OVERSEAS CITIZEN OF INDIA
An Overseas Citizen of India (“OCI”) is a foreign citizen who has a special status in India granted by the OCI scheme. People of Indian origin and their spouses may live and work in India permanently with OCI, a type of permanent residency. Along with the privileges like land ownership and other investment opportunities, it grants cardholders lifetime entrance into the nation. This scheme was introduced by the Indian government in 2005 to connect with the Indian diaspora and offer them certain privileges. The main legislation for OCI is the Citizenship Act, 1955, specifically the OCI Scheme introduced in 2005 by Ministry of External Affairs, India.
OCI ACCORDING TO MINISTRY OF HOME AFFAIRS
The Ministry of Home Affairs defines an OCI as a person who:
- Was a citizen of India on or after 26th January 1950; or
- Was eligible to become a citizen of India on 26th January 1950; or
- Is a child or grandchild of such a person, among other eligibility criteria.
Indian citizenship cannot be held concurrently with citizenship in another nation, according to the Indian Constitution. OCI does not confer political rights.
OVERSEAS CITIZENSHIP OF INDIA SCHEME
The OCI Scheme was introduced in August 2005 by amending the Citizenship Act, 1955 in response to persistent demands for “dual citizenship,” particularly from the emigrants in North America and other developed countries, and keeping in mind the Government’s deep commitment towards fulfilling the aspirations and expectations of Overseas Indians. The Program was introduced in Hyderabad in 2006 during the Pravasi Bharatiya Divas convention.
ACT GOVERNING THE OCI SCHEME
Citizenship Act, 1955 governs the scheme for OCI. Specifically, section 7(A), 7(B), 7(C) and 7(D) have been enumerated.
- section 7(A) depicts registration of overseas citizens of India,
- section 7(B) depicts conferment of rights on overseas citizens of India,
- section 7(C) has the provision for renunciation of overseas citizenship and
- section 7(D) for cancellation of registration as overseas citizen of India.
REGISTRATION OF OVERSEAS CITIZENS OF INDIA
The Central Government may, on an application, register as an OCI. Person may be eligible for OCI if any individual fall into following category:
- Individual is a citizen of India at the time of, or after 26th January 1950.
- Individual is eligible to become a citizen of India on 26th January 1950.
- Individual belong to a territory that became part of India after 15th August 1947.
- Individual is a child, grandchild, or great-grandchild of such a citizen.
- Individual is a minor child of the persons mentioned above.
- Individual is a minor child, and both your parents are citizens of India or one of your parents is a citizen of India.
Spouses of foreign origin of Indian citizens or spouses of foreign origin of OCI cardholders, whose marriage has been registered and subsisted for a continuous period of not less than two years, are also eligible for OCI registration.
RENUNCIATION OF OVERSEAS CITIZENSHIP
Any OCI makes a declaration renouncing his overseas citizenship of India in prescribed manner, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an OCI. Every minor child of that person registered as an OCI, shall thereupon cease to be an OCI.
CANCELLATION OF REGISTRATION AS AN OCI
If it has been found that the registration as an OCI was obtained by means of fraud, false representation or concealment of any material fact or the registered OCI has shown disaffection towards the constitution of India or comes under any of the provisions of section 7(D) of the Citizenship act, 1955, the registration for such person will not only be cancelled forthwith but he/she will also be blacklisted from visiting India.
KEY TAKEAWAYS
The OCI program strengthens the bonds between the Indian emigrants and their home nation. It offers a straightforward route for qualified people to stay in touch with India by means of an expedited visa application procedure and business prospects. For those of Indian descent, the OCI status provides a sense of identity and acceptance. The OCI legislation offers a valuable framework for engaging the Indian diaspora.
HOW WE CAN HELP ?
- The OCI application requires specific documents. Our experts can assist in gathering documents and ensure; they are properly formatted.
- If situation has complexities, such as gaps in documentation or unique circumstances, our team can guide through the process.
- In case of application rejection, our team can advise on the appeals process and potentially represent the clients.
For more information or queries, please email us at
[email protected]
