- Persons of Indian Origin, who migrated from India after 26th January 1950, and
(I) Who were citizens of India on or at any time after 26- 01 -1950 or
(II) Who was eligible to become Indian Citizens on 26th January 1950, or
(III) Belonged to a territory that became part of India after 15th August 1947 and
(IV) Their children and grandchildren,
whose present nationality is such that the country of nationality allows dual citizenship in some form or the other under the local laws, will be eligible to be registered its Overseas Citizenship of India (OCI). Minor children of such persons are also eligible for registration as Overseas Citizenship of India (OCI). However Minor, children, whose both parents are Indian citizen, are not eligible for Overseas Citizenship of India (OCI).
- Overseas Citizenship of India (OCI)is a passage to become Indian Citizen.
- The grant of Overseas Citizenship of India (OCI) is extended to citizens of all countries (which allow dual nationality) other than those who had ever been citizens of Pakistan and Bangladesh. The amended legislation further reduces the period of stay of two years ‘to’ one year ‘ in India for Overseas Citizenship of India (OCI), who is registered for five years, to become eligible for a grant to Indian Citizenship.
- Article 9 of the Constitution of India clearly states that a person shall cease to be a citizen of India if he voluntarily acquires the citizenship of any foreign State. Therefore, one cannot have citizenship of any other country, if he is an Indian citizen. The expression’dual citizenship ‘ is, therefore, a misnomer. However, the technical, term used for the scheme in the Citizenship Act, 1955 (as amended vide Amendment Act, 2005)is’Overseas Citizenship of India (OCI)’
- Persons registered as Overseas Citizenship of India (OCI are not Indian citizens. This is a new category of citizenship created under the statute with certain restricted rights as compared to Indian citizens.
Overseas Citizenship of India (OCIs) holder cannot hold the following positions-
(I) Public employment,
(ii) Election to Constitutional offices like President/ Vice President/ Judges of the Supreme Court or High Courts.
(iii) Members of Parliament or Legislative Assembly/ council or
(iv) Right to vote under-representation of people act,1950.
A person registered as Overseas Citizenship of India (OCI) is entitled to the following benefits:-
o Grant of multiple entries, multi-purpose lifelong visa to visit India
o Exemption from registration with FRRO/ FRO for any length of stay in India and
o Parity with Non-Resident Indians ( NRIs) in economic, financial and educational fields except in matters relating to the acquisition of agricultural/plantation.
(A) Any person of fL111 age and capacity,
(I) Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution, or
(ii) Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution, or
(iii) Who is a citizen of another country but belongs to a territory that because of part of India after the 15th Day ofAugust,1947.
(iv) Who is a child of such a citizen, or
(B) A person, who is a minor child of a person mentioned in clause(a).
PROVIDED that no person, who is or had been a citizen of Pakistan, Bangladesh shall be eligible for registration as an Overseas Citizen of India.