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Indian OCI & Dual nationality

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rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 1:05 am
Location: U.K

Indian OCI & Dual nationality

Post by rpsarangi » Sun Nov 10, 2019 1:37 pm

Hello all,
I have tried reading what's available online but still not clear about my answer. This forum have helped me a lot so thought to put across this query here .

To my understanding Indian OCI is a form of visa not nationality . So having British nationality and Indian OCI should be considered as having only one Nationality . I was going to fill an application where it's asks about my Nationality & Dual Nationality . What should I say there , should I say I am only a British national . ( This query have arisen as I read somewhere that British nationality act considers OCI as dual citizenship).

Indian clearly states it is not an Indian nationality as it can only be acquired after surrender of Indian passport & citizenship . But want to know UK home office stand on this .

Please clarify .

Thank you all .
.......................................................................
Fingers crossed.....Trust in God.....
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rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 1:05 am
Location: U.K

Re: Indian OCI & Dual nationality

Post by rpsarangi » Sun Nov 10, 2019 1:47 pm

Moderators , solicitators , seniors & members please respond and help in this regard.
Thank you
.......................................................................
Fingers crossed.....Trust in God.....
.......................................................................

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Indian OCI & Dual nationality

Post by secret.simon » Sun Nov 10, 2019 2:05 pm

Also see this WhatDoTheyKnow request.

A person with OCI is treated as having a second nationality for the purpose of nationality or statelessness legislation, as an OCI has the right to reside without conditions in India. But for most other purposes (such as for consular assistance), it is not treated as a second citizenship. In effect, the Home Office treats it as a second citizenship (so, for instance, if you are a British non-citizen national - BNO, BOC, etc - with OCI, you cannot register under the statelessness provisions), while the FCO will not treat the OCI as Indian citizenship (that would stop it from providing you with consular support while you are in India).
rpsarangi wrote:
Sun Nov 10, 2019 1:37 pm
I was going to fill an application where it's asks about my Nationality & Dual Nationality . What should I say there , should I say I am only a British national.
What application are you filling in?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 1:05 am
Location: U.K

Re: Indian OCI & Dual nationality

Post by rpsarangi » Sun Nov 10, 2019 2:28 pm

Thank you for the reply.
I was filling an employment application where the requirement says you should not be a Dual National . I am confused now what should I say there . Do UK considered OCI as nationality or not for employment purpose .
Holding British Nationality & Indian OCI .
Please suggest
Thanks
.......................................................................
Fingers crossed.....Trust in God.....
.......................................................................

rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 1:05 am
Location: U.K

Re: Indian OCI & Dual nationality

Post by rpsarangi » Sun Nov 10, 2019 2:56 pm

Could this also be interpreted as having only British nationality but having Indian overseas citizenship . As according to my understanding citizenship & nationality is different.
So I might have OCI but I am only having British nationality . And where my form asks how many nationality I have ... I just have 1 nationality as I have surrendered Indian nationality . Even though I might be a Indian overseas citizenship ,.
Correct me if my understanding is wrong.
.......................................................................
Fingers crossed.....Trust in God.....
.......................................................................

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Indian OCI & Dual nationality

Post by secret.simon » Sun Nov 10, 2019 3:07 pm

rpsarangi wrote:
Sun Nov 10, 2019 2:28 pm
was filling an employment application where the requirement says you should not be a Dual National .
What kind of employment? For something like working for the Secret Services or a job with high security clearance, I would recommend declaring the Indian OCI.
rpsarangi wrote:
Sun Nov 10, 2019 2:56 pm
As according to my understanding citizenship & nationality is different.
Not necessary. That depends on the context.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

rpsarangi
Member of Standing
Posts: 445
Joined: Tue Sep 14, 2010 1:05 am
Location: U.K

Re: Indian OCI & Dual nationality

Post by rpsarangi » Sun Nov 10, 2019 3:10 pm

Thank you for the reply . It is a financial sector job . Thank you for reply
.......................................................................
Fingers crossed.....Trust in God.....
.......................................................................

xebec
Member
Posts: 109
Joined: Wed Jul 17, 2019 3:38 pm
Australia

Re: Indian OCI & Dual nationality

Post by xebec » Fri Nov 29, 2019 1:02 pm

India does not consider OCI as a citizen of India (despite the name). You still need a foreign passport to enter India.

Irrespective of what the Home Office thinks, its the decision of the issuing country to specify if an OCI holder is a citizen.

There should be no confusion. If any, OCI can be considered a form of permanent residency.

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