Eligibility for OCI based on descent

[XmichaelX]

Hello Everybody,

I hope i give enough information in order for experts to give an opinion.

I am trying to establish if I am eligible for OCI card based on my fathers descent. He was born in India 1941, and later applied for UK passport and is now living in USA. He never had an Indian passport. My mother, born in UK and has only had a UK passport. My fathers parents both born in India. He left India for Uganda when he was a child (8yo).

I was born in UK in 1978 and have only had a UK passport.

Documentation requirements are sparse as he never had an India passport. He has his baptism certificate. I maybe able to locate his education certificates as secondary proof.

Simple question: Am I eligible?

Many thanks
Michael

[takdeerwala]

A foreign national, - (i) who was a citizen of India at the time of, or at any time after 26th January, 1950; or (ii) who was eligible to become a citizen of India on 26th January, 1950; or (iii) who belonged to a territory that became part of India after 15th August, 1947; or (iv) who is a child or a grandchild or a great grandchild of such a citizen; or (v) who is a minor child of such persons mentioned above; or (vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder. Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder. However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.

India became republic on 26th January 1950. That is the day on which they celebrate Republic Day. Your father left in 1949 !!! Your grandparents also left India before 26th January 1950 ??? If your grandparents were citizen of India on 26th January 1950 and if you can prove that with documentation, you have a chance. Your father must be having British Indian passport and later on opted for British nationality.

[takdeerwala]

There are success stories of Australian Anglo indian origin citizens opting for OCI cards as their migration happened in 1950s. Also Gujarati migrants from Kenya Uganda. But dates are the key.

[XmichaelX]

Thank you for your response. I think I agree with you about the lack of eligibility after doing some more research. I will find out the exact dates they left India.

[takdeerwala]

Thank you for your response. I think I agree with you about the lack of eligibility after doing some more research. I will find out the exact dates they left India.

Still I would say there is hope. The government has messed up the eligibility criteria by mixing PIO and OCI Cards. This is from Indian Embassy in Netherlands about Surinamese Indian origin citizens about OCI eligibility. Their migration happened in 19th century.

Requirements for Dutch nationals of Suriname Origin

As per existing rules, Dutch nationals of Suriname Origin up to fourth generation whose forefathers came from India in 19th century will be eligible for applying for OCI Card. The following documents are to be submitted:

a) Copy of Foreign passport along with original;

b) Duly Apostilled Certificate issued from Ministry of Home Affairs of Government of Suriname regarding Indian origin of ancestors restricted to four generations;

c) Duly attested translated version (in English) of the above certificate issued by Ministry of Home Affairs, Suriname;

d) Original Uittreksel along with photocopy issued by respective Gemeente in Netherlands for residence proof; and

e) Original Family Book issued by Government of Suriname along with photocopy

f) Above requirements are only indicative and attempt has been made to cover requirements for a major section of applicants. However, the Consular Officer may ask for additional documents after examining the application for issuance of OCI Card.

If you are in London, Indian Embassy conduct an Open House once a month. Free advice, usually for pending cases. If you can take some documentation, they can tell whether it is enough for eligibility.

The High Commission conducts Open House at the High Commission of India, India House, Aldwych London WC2B 4NA on Wednesdays and last Friday of the month (except holidays). Applicants can visit between 1100-1300 hrs.