Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin which allows them to live and work in India indefinitely. It allows the cardholders a lifetime entry to the country along with benefits such as being able to own real estate and make other investments in the country.
Despite its name, OCI is not recognised as citizenship by the Republic of India or by the vast majority of nations worldwide, and it does not grant the right to vote in Indian elections or hold public office. The Indian government can revoke OCI status in a wide variety of circumstances. In addition, the OCI card is only valid with a valid foreign passport. As of 2022, there are 4 million holders of OCI cards among the Indian diaspora.
The OCI scheme was introduced by The Citizenship (Amendment) Act, 2003 in response to demands for dual citizenship by the Indian diaspora. It provides overseas citizens with many of the rights available to resident citizens.
OCI status is not available to anyone who has ever been a Pakistani or Bangladeshi citizen, or who is a child, grandchild, or great-grandchild of such a person.
History The Constitution of India does not permit dual citizenship (under Article 9). Indian authorities have interpreted the law to mean that a person cannot have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (such as a child born in the United States or Canada to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter.
On the recommendations of a High-Level Committee on Indian Diaspora, the Government of India decided to register Persons of Indian Origin (PIOs) of a certain category, as has been specified in the Section 7A of the Citizenship Act, 1955, as Overseas Citizenship of India (OCI) holders, by the Citizenship (Amendment) Act, 2003.
The OCI program was launched during the Pravasi Bharatiya Divas convention held in Hyderabad on 9 January 2006.
Before 9 January 2015, travelers holding an OCI card were required to carry a passport that contained the lifelong "U" visa stamp while traveling to India. This requirement was done away with that day and OCI holders no longer require the lifetime visa stamp passport. The OCI card (the blue-grey booklet) in conjunction with a valid foreign passport is sufficient to travel to and from India.
In March 2020, visa-free travel granted to OCI holders was put on hold until 15 April due to the coronavirus pandemic.
On 4 March 2021, the rights of OCI holders were slightly curtailed. To engage in certain activities or visit certain areas in India, OCI holders now require a Protected Area Permit, a requirement for PIO holders which OCI never had since its launch in 2006. Also, OCI holders living in India need to register with the Foreigners Regional Registration Officer (FRRO) via email upon every change of their permanent home address or occupation.
On 15 April 2021, the number of times OCI needs to be renewed was reduced to one, when the passport is renewed for the first time after age 20. However, every time the passport is renewed before age 20 and when the passport is renewed for the first time after age 50, a copy of the current passport along with the current passport-sized photo needs to be uploaded onto the OCI online portal. These relaxed OCI renewal guidelines reduce the administrative burden caused by multiple OCI renewals.
Comparison + Comparison of Resident Indians, NRIs, PIOs, and OCIs Category Indian passport(Indian Citizen) Resident in India Expatriate Tax status OCI card Acts Notes Indian (resident) Yes Yes No Yes No Indian nationality lawPassports Act Non-resident Indian (NRI) Yes No Yes (of India) No No Indian nationality lawPassports ActIT Act, 1961 Person of Indian Origin (PIO) /Overseas Citizen of India (OCI) No Yes (in India), else No No (in India), else Yes Yes (in India), else No Yes Cit. (A) Act, 2003(Section 7A–D) lifetime visa /permanent residency
+ PIOs and OCIs Foreign national OCI card is eligible Exception Acts Status after attaining OCI Person of Indian Origin (PIO) Yes – – PIO OCI Others No Yes, if married to Indian citizen or PIO for more than two years Cit. (A) Act, 2003(Section 7A(d)) Non-PIO OCI
Notes: 1. People of Indian Origin (PIO) refers to people of Indian birth or ancestry who are not citizens of India, but are citizens of other nations. Those PIOs who have availed of the Overseas Citizenship of India status through the OCI card are known as Overseas Citizens of India (OCI). The card issued to PIOs earlier known as the PIO card has been merged into the OCI card since 2015. 2. Overseas Citizens of India can include both PIO OCIs and non-PIO OCIs. Additionally, foreign nationals who marry Indian citizens can also avail of the OCI card and become OCI, thus non-PIO OCIs are excluded here since they are not part of the Indian diaspora.
Eligibility The Government of India, on application, may register as an Overseas Citizen of India, any person who: is a citizen of another country, but was a citizen of India on 26 January 1950 or at any time thereafter; or is a citizen of another country, but belonged to a territory that became part of India after 15 August 1947; or is a citizen of another country, but was eligible to become a citizen of India on 26 January 1950; or is a child or a grandchild or a great-grandchild of such a citizen; or is a minor child of such persons mentioned above; or is a minor child and both of whose parents are citizens of India or one of the parents is a citizen of India; or is a spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India holder registered under section 7A of the Citizenship Act 1955 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.
A person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan or Bangladesh, is ineligible for registration as an Overseas Citizen of India.
A person who has served as a member of any foreign military, including that of his home country, is ineligible to receive an OCI card, except when bound by their home country to serve under their local law.
Dutch nationals of Surinamese origin up to the sixth generation whose forefathers came from India in the 19th century are eligible to apply for an OCI card.
OCI holders eligible through marriage lose their OCI status upon divorce.
Revoking the OCI card Previously, the government could cancel the OCI status of people who obtained it by fraud, showed acts of unpatriotism, or broke a law punishable with at least two years of jail time before five years of having issued OCI. The Citizenship (Amendment) Act, 2019 gives the government additional power to cancel the OCI status of people who violate any local law, regardless of either whether it a petty infraction or a heinous felony or whether it was committed by a juvenile or an adult. The new act makes the rules much more strict for OCI holders in an attempt to preserve OCI's dignity, however, it also has a provision that gives the person whose OCI status is at stake the right to be heard by the government before they come to a verdict.
In 2021, the OCI cards of several Canadian cardholders were reportedly revoked by the Indian Government for participating in "anti-India" activities which included extending support to the protests by farmers against controversial farm laws in India.
Renunciation of the OCI card An OCI cardholder can renounce their OCI status by submitting a completed renunciation declaration form to the Central Government. After the renunciation of the status, every minor child of that person also loses their OCI status.
Application Applications for OCI can only be made online at ociservices.gov.in. A person making an application is required to submit a photograph and several identification documents to prove they meet the eligibility criteria and also must pay an application fee. Applications made from outside India are charged a fee of US$275. Applications submitted in India are charged a fee of .
The applicant must provide proof of their current citizenship by presenting a copy of their current passport that has a validity of at least 6 months from the time of application. If the applicant is making their application while within Indian jurisdiction, they must submit a copy of any type of Indian visa (other than a missionary and mountaineering visa), or a residential permit with at least 3 months' validity. Applicants must provide evidence that either they or their parents grandparents or great-grandparents meet the eligibility criteria described above. This can be done by presenting a copy of an Indian passport, a copy of the Domicile Certificate issued by the competent authority, a copy of the Nativity Certificate from the competent authority, or an OCI/PIO card of parents or spouse along with the base papers/documents upon which the OCI/PIO card was issued. Applicants may also submit any other evidence that may substantiate their claim. Usually, applicants can submit a certificate of residence or place of birth of self/parents/grandparents from the First Class Magistrate/District Magistrate (DM) of the concerned place.
If the applicant cites their Indian origin as a basis for registration as an OCI holder, they must provide evidence of their relationship with the person cited as parent/grandparent/great-grandparent. The document of relationship could be a birth certificate issued from a competent authority mentioning both parents' names. In case the birth certificate is issued by a foreign authority, it must be apostilled or endorsed by the concerned Indian diplomatic mission abroad. In the case of a minor child whose parents are both Indian citizens or who has at least one parent holding Indian citizenship, evidence may comprise a copy of the child's birth certificate that mentions its parents, a copy of Indian passport of at least one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by a Competent Authority supporting the Indian origin of at least one parent or any other proof substantiating the status of at least one parent as being either an Indian citizen or being of Indian origin. If the parents are divorced, a court order of dissolution of marriage which specifically mentions that the legal custody of the child is with the parent who is applying for the OCI card must be submitted.
Evidence as spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI holder may be provided in the form of a registered marriage certificate. In the case of the spouse of an Indian citizen, a copy of the Indian passport of the spouse or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the Indian spouse or any other proof substantiating the status of the spouse as being an Indian citizen. In the case of the spouse of an OCI holder, a copy of the present valid passport of the spouse, and copy of the OCI card of the spouse, and copies of the documents upon which the OCI card was issued to the spouse.
OCI re-issuance advisory upon getting a new passport
For an applicant who is 19 years of age or younger, a copy of the current passport and current passport-sized photo must be re-uploaded onto the OCI online portal every time a new passport is issued. There is no need to re-issue OCI. Uploading documents will be provided on gratis basis to the OCI holders. For an applicant who is 20 to 49 years of age, OCI must be re-issued the first time a new passport is issued after age 20.