Overseas Citizenship of India (OCI)

Who is eligible for OCI?

Persons of Indian Origin, who migrated from India after 26 January, 1950, and

1. who were citizens of India on or at anytime after 26.01.1950 or
2. who were eligible to become Indian citizens on 26th January, 1950 or
3. belonged to a territory that became part of India after 15th August, 1947 and
4. their children and grand children,

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 as OCI. Minor children of such persons are also eligible for registration as OCI. However, minor children, whose both parents are Indian citizens, are not eligible for OCI.

OCI is a passage to become Indian Citizen
The grant of 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 OCI, who is registered for five years, to become eligible for grant of Indian citizenship.

Article 9 of the Constitution of India clearly states that a person shall cease to be a citizen of India, if he voluntary 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 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.

OCIs holder can not hold the following positions:

1. Public employment,
2. election to Constitutional offices like President/Vice President/Judges of the Supreme Court or High Courts
3. Members of Parliament or Legislative Assembly/Council or
4. right to vote under Representation of People Act, 1950.

A person registered as OCI is entitled to the following benefits:

1. Grant of multiple entry, multi-purpose lifelong visa to visit India;
2. Exemption from registration with FRRO/FRO for any length of stay in India; and
3. Parity with NRIs in economic, financial and educational fields except in matters relating to acquisition of agricultural/plantation properties.

The benefits of seeking OCI are available on MHA’s website http://www.mha.nic.in/