Persons of Indian Origin, who migrated from India after 26 January, 1950, and
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who were citizens of India on or at anytime after 26.01.1950 or
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who were eligible to become Indian citizens on 26th January, 1950 or
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belonged to a territory that became part of India after 15th August, 1947 and
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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. This provision is extended to such citizen of all countries other than those who had ever been citizen 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. Such registered OCIs shall not be entitled to the rights conferred on a citizen of India with regard to the public employment, election to Constitutional offices like President/Vice President/Judges of the Supreme Court or High Courts/Members of Parliament or Legislative Assembly/Council or right to vote under Representation of People Act, 1950.
A Person registered as OCI is entitled to the following benefits:
- Grant of multiple entry, multi-purpose life long visa to visit India;
- Exemption from registration with FRRO/FRO for any length of stay in India; and
- Parity with NRIs in economic, financial and educational fields except in matters relating to acquisition of agricultural/plantation properties.
The benefits of seeking OCI ,click here
A PIO card holder can also apply for OCI if he/she is otherwise eligible for registration on payment of the prescribed fee. Such applicants will have to enclose a copy of their PIO card along with the applications.
On grant of registration as OCI, the following two documents would be issued by the Mission to the applicant: -
- An OCI registration certificate in the prescribed form in the form of a booklet. In the case of PIO card holders, registration certificate shall be issued on surrender of the PIO card.
- An OCI ‘U’ visa sticker to the applicant which would be pasted on his/her foreign passport. There is no separate visa fee. On the expiry of the foreign passport on which ‘U’ visa has been pasted, a new visa can be pasted on the new passport on application by the registered OCI to the Indian Mission which issued the ‘U’ visa along with payment of prescribed fees.
The Consulate General of India, Birmingham has since started accepting applications for OCI. Application for OCI services can be made at the Passport & Consular Counter at the Consulate between 1000 hrs to 1200 hrs on all working days. Please reach the Consulate early to obtain the entry token as these are issued in limited numbers. Tokens will be issued to applicants on “first come first served basis”.
Applications complete with all the required documents and fees (in Postal Orders in favour of Consulate General of India, Birmingham only) can also be sent to the Consulate by Special Delivery Post. If considered necessary, the applicants would be called for an interview.
Only when hard copies of Parts ‘A’ and ‘B’ of the application along with the accompanying documents and fees are filed, will the application be deemed to have been filed.
Applicants are advised to ensure that no column of the application is left unattended/incomplete. Apart from affixing photographs and signatures at the designated places on the application, it may also be ensured that the requisite numbers of photographs (04 in all) of prescribed size are enclosed with the application. The current foreign passport, cancelled or expired Indian Passport if available and their photocopies also need to be enclosed along with the application.
One application form in Form XIX is to be used for a family consisting of spouses and two minor children. If there are more than two minor children, a separate application form may be used for the remaining children. When some children are not minor, separate applications shall be filed by each one of them.
If the minor can sign, his/her signature shall be placed in the box given in Part A of the OCI application. If he/she cannot sign, his/her left thumb impression shall be placed.
Notes:
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Completed application forms along with all the accompanying supporting documents/enclosures must be filed in duplicate.
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(a) Photographs (4 in all) must:
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measure 3.5cm. X 3.5cm. without border
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show full front view of the person's head and shoulders, showing the full face in the middle of the photograph
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have a light-colour background (not white)
(b) Signatures should be within the box provided for specimen signatures and should be affixed centrally in the box.
For further details, you may also visit the website of the High Commission of India, London www.hcilondon.net.
