Overseas Citizenship of India (OCI)

[jaihind]

I just feel vindicated in that my contribution to this thread on 4th June has indeed been correctly understood by the UK Home Office now. I hoped that the Indian govt. home ministry would have been clear right at the very start ... but maybe I was hoping for too much. Once a babu .... always a babu I guess.

[vin123]

What a mess this OCI thing is !. Especially reading the last 3 pages in this thread.
By the way, I got my OCI issued last month. It looks like a one page rationcard (not to mention, made of cheap quality stuff)

Thanks Jaihind for the clarification and the eye-opener link about OCI. I kind of understood that OCI is just a visa when they asked for my British Passport for "printing the visa". Don't be amazed, yes, if you don't have a visa then then you don’t have OCI. That’s how I see it. Complicated...isn't ?

Hey, by the way has any one seen a country issuing visa to its own "citizens"?.
Forget politicians, I wonder what training programs those IAS/ IFS guys in the civil service go thru to get internationally publicity of this kind for utter their stupidity on their definition of the word “citizen”?

We can recommend Oxford press to add the following entries, because here the word "citizen" truly is different from the rest of the world.

Indian citizen - one requires no visa, but Indian passport to enter a port in India.
Overseas Indian citizen - Requires OCI visa, a british/foreign passport, and an overseas passport showing "registration". Very funny

[sudeep_n]

Since the webpage is often fussy (it took me 20 attempts and 3 hours to get to the page) I am reproducing the text below for ease of reference

New information on Indian citizenship laws - implications for eligibility for British citizenship
A number of provisions under British nationality law require applicants for British citizenship to hold a form of British nationality, such as British Overseas citizenship, but no other nationality or citizenship.

The Ministry of Home Affairs, India, has recently provided further information on a number of points of Indian citizenship law. The effect of this is that a number of individuals that we believed to be dual British/Indian nationals are in fact solely British.

A summary of the main provisions of Indian citizenship law, as now set out by the Indian authorities, can be found in Annex H of Chapter 14 of the nationality instructions.

This means that there may be a number of people of Indian origin who have an avenue to British citizenship who have either:

not previously applied because they believed they did not meet the eligibility criteria; or
been refused British citizenship in the past on the basis of information from the Indian Government that people in their position continued to hold Indian citizenship
The affected provisions of British nationality law are:

Section 1(1) of the British Nationality (Hong Kong) Act 1997 - available to individuals who were and continue to be ordinarily resident in Hong Kong
For full details of the requirements under this provisions
Section 4B of the British Nationality Act 1981 - for British Overseas citizens, British Protected persons and British Subjects who hold no other nationality or citizenship.
For full details of the requirements under this provision.
If after checking the criteria for registration and the new information on Indian citizenship law you feel you now qualify for British citizenship and would like to apply you should either:

A. For people who have not made a previous application - follow the instructions given in the relevant guides (Guide EM or Guide B(OS)); or

B. For people who now feel that an earlier application may have been wrongly refused - write to the following address to request reconsideration of the earlier decision. You will need to provide full details of your name, address, place and date of birth. If your name has changed since your earlier application please provide also the name under which you applied. If possible please also include a copy of your original refusal letter.

For UK based applicants

Managed Migration
Nationality Group
PO Box 12
Liverpool
L69 2UX

For applicants in Hong Kong

The British Consulate General
1 Supreme Court Road
Admiralty
Hong Kong

If you have any queries about this notice you can contact

Nationality Group in the UK:
By telephone on 0845 010 5200. Our lines are very busy, particularly at peak times (9.00 - 10.00; 12.00 - 1400)
By email at nationalityenquiries@ind.homeoffice.gsi.gov.uk
By writing to:
Nationality Group, General Enquiries Team
Managed Migration Directorate
Home Office
PO Box 306
Liverpool L2 0QN


Or the British Consulate-General in Hong Kong in writing at the above address or by calling 2901 3050

[sudeep_n]

Chapter 14 Annex H Indian citizenship law

http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

1. The following summary reflects the provisions of Indian citizenship law and
statements made by the Ministry of Home Affairs, India by letter to the Foreign and
Commonwealth Office on 27 January 2006. It does not aim to be, nor should be
taken as, definitive. Only the Indian authorities can provide definitive advice on their
citizenship law. However, the information should normally be sufficient to determine
an applicant's eligibility for British nationality where this turns on his/her possession,
or not, of Indian citizenship.
2. The principal legislation is the Citizenship Act 1955, as amended by the
Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992 and
the Citizenship (Amendment) Act 2003.
3. Indian citizenship by birth
Birth in India prior to 3 December 2004
3.1 Under the 1955 Act, and prior to the commencement of the 1986 Act on 1 July
1987, any person born in India was a citizen of India by birth. A person born in India
on or after 1 July 1987 was a citizen of India if either of the parents was a citizen of
India at the time of the birth.
Birth in India on or after 3 December 2004
3.2 From 3 December 2004 any child born in India will only be an Indian citizen if
either of the parents is a citizen of India and the other parent is not:
a. an illegal immigrant; or
b. a foreign diplomat or envoy (who is not a citizen of India); or
c. an enemy alien and the birth occurs in a place then under enemy occupation
4. Indian citizenship by descent
Birth outside India prior to 3 December 2004
4.1 Prior to the commencement of the 1992 Act on 10 December 1992, a person
born outside India could normally only be a citizen of India by descent if the father
was a citizen of India otherwise than by descent at the time of the birth. A person
born outside India on or after 10 December 1992 but before 3 December 2004 is
normally a citizen of India if either parent was a citizen of India otherwise than by
descent at the time of the birth. Citizenship of India acquired in this way is citizenship
by descent.
4.2 However, a person born outside India to a parent who was a citizen of India by
descent at the time of the birth (as described in paragraph 4.1) is also a citizen of
India by descent if:
• the birth is registered at an Indian Consulate or High Commission abroad; or
• the parent was in Indian Government service

[sudeep_n]

Birth outside India on or after 3 December 2004
4.3 Any child born outside India to an Indian parent on or after 3 December 2004 will
continue to be eligible for Indian citizenship on the same basis as 4.1 & 4.2 above.
4.4 However acquisition of Indian citizenship will not be automatic. These
children will not become Indian citizens unless and until the child’s birth is registered
at an Indian Consulate (by virtue of S.4 of the Citizenship (Amendment) Act 2003,
which came into force on 3 December 2004).
4.5 When considering cases where a child potentially has a route to Indian
citizenship via registration we should ask for evidence that the child has not been
registered.
5. Renunciation
5.1 If an adult makes a declaration of renunciation of Indian citizenship, any minor
child of that person also loses Indian citizenship from the date of renunciation.
6. Dual nationality
6.1 Indian citizenship cannot normally be held in combination with any other
citizenship. Section 9 of the 1955 Act provides that
"Any citizen of India who by naturalisation, registration or otherwise voluntarily
acquires.....the citizenship of another country..... shall, upon such acquisition,.....
cease to be a citizen of India".
6.2 This means that no adult (18 and over) can hold Indian citizenship in conjunction
with any other nationality or citizenship. This applies irrespective of whether the
person holds any passports (either Indian or that of their other nationality/citizenship).
6.3 Further, if an Indian minor obtains another nationality or citizenship (for example
by registration as a BN(O)) the child will automatically lose its Indian citizenship. This
applies even where the registration is made by the parents/guardian on behalf of the
child.
6.4 The only exception to this general ban on dual citizenship is where a child is a
dual national by birth. In such cases that child can remain a dual citizen until either:
a. they obtain a passport in their other citizenship (while under the age of 18); or
b. they reach the age of majority (18)
6.5 If a child who is a dual national by birth fails to renounce their other citizenship
prior to reaching the age of majority or acquires a passport in their other nationality
before reaching the age of 18 they will lose Indian citizenship.
7. Indian Overseas Citizenship
7.1 The Citizenship (Amendment) Act 2003 introduced a new status, Overseas
Citizenship of India (OCI), which can be held in combination with any other
citizenship (excluding Pakistani and Bangladeshi citizenship)
7.2 The scheme was formally launched on 2 December 2005 and acquisition is by
application only. (The Citizenship (Amendment) Act 2003 introduced the necessary
legislation.)
7.3 OCI will only be granted if the laws of the country of the applicant "home country"
also permit dual citizenship.
Eligibility for OCI
7.4 Any foreign national (except those who are or have been citizens of Pakistan and
Bangladesh) who:
a. Was eligible to become or was a citizen of India on, or at anytime after 26 January
1950 (see paragraph 3 above and Indian MHA website - http://www.mha.nic.in/ocifaq.
pdf); or
b. Belonged to a territory that became part of India after 15 August 1947; or
c. Is the child or grandchild of a person described at a. or b. above.
7.5 For the purposes of British nationality law, OCI is considered to be citizenship of
another State. This will be relevant where British law requires the person to be
stateless (as, for example, in Schedule 2 to the British Nationality Act 1981) or to
have no citizenship or nationality apart from a qualifying form of British nationality
(as, for example, in s.4B to the 1981 Act). In these cases, confirmation of nonacquisition
of OCI should be sought where the applicant appears to satisfy the
criteria in paragraph 7.4 above.

[sudeep_n]

That means that they have not yet changed the chapter 14 Annex H to reflec that OCI is not dual citizenship (at least as yet). So even British HO is not that efficient (not so surprising anyway http://www.epolitix.com/EN/News/200607/ ... 81dac9.htm )

[jaihind]

Hey, by the way has any one seen a country issuing visa to its own "citizens"?.
Forget politicians, I wonder what training programs those IAS/ IFS guys in the civil service go thru to get internationally publicity of this kind for utter their stupidity on their definition of the word “citizen”?

We can recommend Oxford press to add the following entries, because here the word "citizen" truly is different from the rest of the world.

Indian citizen - one requires no visa, but Indian passport to enter a port in India.
Overseas Indian citizen - Requires OCI visa, a british/foreign passport, and an overseas passport showing "registration". Very funny

Good sense of humour ... Keep it up.

[jaihind]

That means that they have not yet changed the chapter 14 Annex H to reflec that OCI is not dual citizenship (at least as yet).

I think this may take some time as the Home secretary is presently dealing with a larger mess than just errors on a webpage. Annex H was last updated on 16/05/06, before the present home secretary took charge. It may help to write to the UKHO directly, as I did, to remind them about correcting the error on paragraph 7.5 of Annex H.

But at least they have now accepted that all OCI holders are in fact single nationals of the UK and not dual ones as previously thought.
http://www.ind.homeoffice.gov.uk/applyi ... itizenship

[AmitabhOz]

^^^^^

This refers to the previous post. OCI holders are not Dual citizens?

So as an Australian citizen and an OCI holder, I can also hold a British passport if I choose to take British citizenship?

(Since both Australia and UK allow dual citizenship)

Can someone clarify this for me please?

Thanks

[AmitabhOz]

Hi and thanks to everyone (especially sudeep_n) for all the information regarding OCI. I have recently been granted the OCI as per the online website inquiry form.

The status shows "GRANTED",
the photo/signature "SCANNED"
documents "PRINTED"
documents "DESPATCHED" from Delhi.

I think this implies that my photos are ok and I don't need to send it again. Also, I haven't received any email acknowledgement from them. I guess I will just turn up at the FRRO office (where I applied) after 10 days from the dispatch date.

I am pretty excited about the OCI. Although there still appears to be a hurdle for me: I have just finished my PhD in Australia and want to come back to India to do my post-doc at IIT Bombay (don't ask me why. I have my reasons to return to India). However, since IITs are mostly "government" organizations, am I allowed to hold a post-doc / faculty position in them as an OCI ?

[AmitabhOz]

....
I'm sad that I'll probably never get to qualify for OCI now, as I don't think I can dredge up indian proof of my mothers indian citizenship. Has anyone else out there had any similar experience? Anyone care to commiserate with me?

Thanks

Hey suresh, I don't know what the big deal is about not being able to get an OCI. It is anyway a fake citizenship.

PIO is almost as good as OCI. Can't you get a PIO card?

[vin123]

Yours seems to be fine. They (Govt Of India) do not automatically notify anyone regarding the grant of OCI.

During the time of application, following assumptions are made imperatively; of course, without documenting it anywhere

Here we go, un-official guidelines compiled by me

- An OCI applicant must be an Internet literate, should have an Internet connection, or have access/help from someone who can carry out the action on behalf of him or her to file the application & see the status of application.

- The computer from which the online application is made should have access to a printer.

- No emails or acknowledgement letters will be send by post at any stage of the application process, unless there is a problem (photo size & upload errors being the most common ones)

- If you forget your OCI application reference number, there is no help or assistance to retrieve them. So make sure after writing it down, you dont end up chewing it.

- Once the OCI is granted, the steps to get the documents are terribly misleading. Make sure you call the OCI cell first.

- Mode of returning documents (ie, first class, first class recorded) etc is unclear. So you are better off putting money from the pocket and enclose a self addressed special delivery envelop if the documents are requested by post.


Lastly, patience, and be ultra polite when it comes to dealings with GOI.

I think this implies that my photos are ok and I don't need to send it again. Also, I haven't received any email acknowledgement from them. I guess I will just turn up at the FRRO office (where I applied) after 10 days from the dispatch date.

[sheetaxml]

Hi what would be the ideal time to go, in order to secure OCI token on that day.
Any personal experiences? Please share. Thank you

[vin123]

Hi what would be the ideal time to go, in order to secure OCI token on that day.
Any personal experiences? Please share. Thank you

If its London its recommended to be there atleast by 7.30-7-45am. Dont know about others.
By the way, you can send the application by post too.

[sheetaxml]

Can I apply for OCI by post? Great surprise. I could not find this information anywhere? Could you/anyone help?

Thanks

[vin123]

Can I apply for OCI by post? Great surprise. I could not find this information anywhere? Could you/anyone help?

Thanks

Call them up. Information is buried under everything.

[sheetaxml]

any oci timescales update and experiences? Thanks

[AmitabhOz]

Hi first of all thanks to everyone who helped me with their feedback. This thread was indeed very informative.

Update: I got my OCI today, after just 45 days of processing. Indeed it is very surprising because the person who accepted my application told me at least 3 months

No problems with the photos etc. I took the photos from Mumbai (total 50 rupees for 5 snaps, 35 mm x 35 mm, almost white background, about 75% of the area covered by my face).

I applied in India, FRRO Mumbai, it took about 30 days for the application to appear on the MHA website, and about 4 more days before it was granted and despatched. I waited for 10 days from the date of despatch and took a chance and went to the FRRO office, Mumbai (where I had applied) today afternoon. Out of sheer luck, my documents had arrived just in the morning. So everything went fine and now I have the OCI visa+certificate. I am very happy (well almost, since I would have loved voting rights )

PS: If you are in Mumbai and want to apply from here, they accept applications from 10 am to 2 pm only. Pickups are from 10 am to 4 pm

[British]

So Amitabh, you now hold an Indian "Citizenship" "visa" (whatever that means )? Good for you :-)

Just in the lighter vein, no pun intended, though!

Now the question is, are you entitled to take one other citizenship other than your current Australian and this Indian Citizenship visa? Just curious!

[AmitabhOz]

British,

That is the million $$ question. In fact I had posted it a few days earlier on this same thread.

I will see if I am eligible for another country's citizenship (eg. Canada, US, UK). Would be great if I am.

I personally think I am eligible for a real dual citizenship between two countries (as long as one of them is not India) even after holding OCI.

What do other people suggest?

[sudeep_n]

Now the question is, are you entitled to take one other citizenship other than your current Australian and this Indian Citizenship visa? Just curious!

Yes. As long as the other country allows for dual citizenship and is not explicitly excluded by OCI scheme (e.g. Pakistan) one can go for multiple citizenships and OCI.

[akuppa]

Hi

I don't know if this is the right post to put this but I have a question regarding Indian visa. Do you know how long it takes to get an Indian visa? I am a UK passport holder but with Indian origin (used to hold Indian passport). I have to go to India next week and was wondering how long the process would take.

Thanks
Anand

[sheetaxml]

Hi Anand. It will take about couple of hours to get the VISA if you go by person to HCI London.

[AmitabhOz]

Also you might have to pay some extra fees for this express service.

[mr_pankaj]

Should Anyone be interested in timelines .... here is my experience in getting the OCI.

I went in person to HCI on 4th August, and here are the timelines from the website : http://ociindia.nic.in/ociindia/OnlineOCIenquiry.jsp

Registration Status Granted On 09-AUG-2006
Photo/Signature Scanned On 04-AUG-2006
Documents Printing Status PRINTED
Documents Printed On 10-AUG-2006
Documents Despatched From Delhi On 10-AUG-2006
Documents Received at LONDON NOT YET

This is unbelievable that I am not even asked for the photographs again (.... and again and again..... ) and my OCI was granted in 4 working days.

Now I am waiting for HCI to update the status on the web - so I can go and collect my U-Visa.
As per a scrolling text on this page, I think even if the HCI does not update the status I can still go in 10 days time (i.e. 20th August) when they should have my visa sticker ready to stick on my British passport, Any thoughts ?

thx people

PS : Will let you all know once I have got the sticker.