Frequently Asked Questions (FAQs) On Overseas Citizenship of India (OCI) Scheme

1. Who is eligible to apply?

Any foreign national,

who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947, and;

his/her children and grand children, and;

provided his/her country of citizenship allows dual

citizenship in some form or other under the local laws,

Minor children of such person are also eligible for OCI.

However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

2. Who was eligible to become Citizen of India on 26.01.1950?

Any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who was ordinarily residing in any country outside India was eligible to become citizen of India on 26.01.1950.

3. Which territories became part of India after 15.08.1947 and from what date?

The territories, which became part of India after 15.08.1947 are:

(i) Sikkim from 26.04.1975

(ii) Pondicherry from 16.08.1962

(iii) Dadra & Nagar Haveli from 11.08.1961

(iv) Goa, Daman and Diu from 20.12.1961

4. Can the spouse of the eligible person apply for OCI?

Yes, if he/she is eligible in his/her own

5. Who is a Minor?

A person who has not attained the age of 18 years is considered
minor.
6. Are minor children whose both parents are Indian citizens eligible for OCI?
No.

7. Can children of parents, wherein one of the parents is eligible for OCI?, apply for OCI?
Yes.

8. What are the documents required for obtaining OCI status?

Printed checklist (one checklist for each applicant, to be placed on top of respective OCI application)

Surrender Certificate

TWO COPIES OF PART A (signed by each applicant)

TWO COPIES OF PART B, (signed by applicant/head of family (in case applying for upto 4 members of family)

CURRENT US/ FOREIGN PASSPORT IN ORIGINAL

COPY OF US NATURALIZATION CERTIFICATE

Documents listed at Serial Number 5,   No. 6 and No. 7 below are essential requirement for administrative processing of your application. Please provide one from each category below.

Please provide one:

Two Colour legible photocopies (original may be asked for, if required) of Green Card
or
Two Colour legible photocopies (original may be asked for, if required) of EAD
or
Original Indian passport on which first time entered USA
or
Original I-130 and supporting documents provided at the time of obtaining immigrant visa to enter the USA (see www.uscis.gov for details of obtaining)
or
If applicant is US/ Foreign born, pl. provide two colour photocopies of the birth certificate (In this case, pl. provide documents as per OPTION B at S. No. 8 below)

Please provide as per any one option :

OPTION A

LAST INDIAN PASSPORT HELD IN ORIGINAL

OR

OPTION B
(If applicant is US/ Foreign born)

Two photocopies of the birth certificate. This should be attested by both parents incase the applicant is minor.

PLUS

Any US court order regarding custody of minor child/divorce, if applicable

PLUS

Copy of US and Indian passports/OCI cards of both parents.

Please provide one:

Driving license
or
PG&E, Water or landline telephone bill displaying applicant’s address
or
House Lease Agreement

Pl. provide two self-attested photocopies of the first and last pages of the current US/ foreign passport

Pl. provide two self-attested photocopies of the first two and last two pages and US visa page of the Indian passport (if OPTION A is chosen in Serial No. 8 above) or of documents listed in OPTION B (if OPTION B is chosen in S. N. 8)

Pl. provide two - (2" X 2") - size photographs, both glued to the forms

REQUISITE FEE

Payment Mode: cashiers cheque OR postal money order (No personal cheques will be accepted)
Payable to:            "Consulate General of India, San Francisco"
Amount:

for fresh OCI applicants:                                  $275,
for minors upgrading from PIO to OCI:        $145 ,
for adults upgrading from PIO to OCI :         $25

A SELF ADDRESSED STAMPED TRACKABLE RETURN MAILING ENVELOPE (only Fedex, UPS, and USPS, accepted) No trackable return envelope…..No service.

Your name in the application should tally with your name in both the Indian passport and the US passport. In case of difference:

A. If name differs because of change of name from maiden to married: please provide
Notarized affidavit (for change of name from maiden to married)
PLUS
Notarized copy of marriage certificate
PLUS
first two and last two pages of Spouse’s passport

B. If name differs for any other reason: Please provide
Notarized affidavit for change of name
PLUS
advertisement for change of name in a newspaper in your locality in USA, and in India.
OR US Court order (for change of name) PLUS advertisement for change of name in a newspaper in India.

If you are a PIO card holder:

Enclose the PIO card in original along with two self attested copies of PIO card.

9. How many copies of application have to be submitted?
Two copies each of the application and supporting documents have to be submitted.

10. Whether applicant(s) have to go in person to submit the application (s)?

No. Application (s) are received by mail. There is no provision for personal appearance.

11. Do the applicant (s) have to take oath before the Counsel of the Indian Mission/Post?

No.

12. Where to submit the application?

If under the jurisdiction of San Francisco Consulate, submit your application to-
OCI Cell,
Consulate General of India
540 Arguello Boulevard,
San Francisco, CA 94118

Otherwise, if the applicant is in India, to the FRRO Delhi, Mumbai, Kolkota or Amritsar or to CHIO, Chennai or to the Under Secretary, Citizenship section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer House, 26, Mansingh Road, New Delhi-110011.

13. What are the consequences of furnishing wrong information or suppressing material information?

All the applications are subject to pre or post-enquiry. If after enquiry, an adverse record is discovered agains the applicant or that OCI status was obtained by providing false information or by suppressing/concealing material information was suppressed, the registration as OCI already granted shall be cancelled immediately by an order under section 7D of the Citizenship Act, 1955. In addition, the person/s will be debarred from visiting India in the future.

14. What is the fee for application for registration as OCI?

US$ 275/- (two hundred and seventy five only) by postal money order / cashiers check.

Adults upgrading from PIO to OCI fee is $ 25 (Twenty five) only

Minors upgrading from PIO to OCI fee is $ 145 (One forty five) only

15. What is the time taken for registration as OCI?

We expect to receive them in about 45 business days from the time of applications. If any adverse information is available against the applicant, the decision to grant or otherwise may take longer.

16. If the registration as OCI is not granted, what amount will be refunded?

An amount of $ 250/- shall be refunded, if registration is refused. $ 25 is the processing fees, which is non-refundable.

17. Can a PIO cardholder apply?

Yes, provided he/she is otherwise eligible for grant of OCI.

18. Will the PIO card be honored till the time they are valid even after acquisition of OCI?

No. The PIO card will have to be surrendered to the Consulate concerned for granting OCI registration certificate and visa.

19. What will be issued after registration as OCI?

An OCI card and a multiple entry, multi-purpose lifelong visa.

20. Will a separate OCI passport be issued?

No.

21. Will a duplicate certificate of registration as OCI be issued?

Yes. For this purpose, an application has to be made to the Indian Mission/Post with a police report for evidence of loss of certificate. In case of mutilated/damaged certificate an application has to be made enclosing the same. The applications in both the cases have to be made to the same Indian Mission/ Post which issued the certificate along with payment of fee of $ 100/- .

22. Will a new OCI visa sticker be issued on the new foreign passport after the expiry of the old passport?

Yes. On payment of requisite fee, a new visa will be issued. Please follow OCI Miscellaneous Services instructions. As the OCI Visa is lifelong, the holder can continue to carry the old passport in which the visa sticker was affixed and the with new passport for visiting India without seeking a new visa.

23. Will the applicant lose his citizenship after registering as OCI?

No. As only citizens of those countries that allow dual citizenship under the local laws in some form or the other are eligible for applying for registration as OCI, losing of foreign citizenship does not arise.

24. Can a person holding OCI travel to protected area/restricted area without permission?

No. He/she will be required to seek Protected Area Permit (PAP)/ Restricted Area Permit (RAP) for such visits. A PIO/OCI card does not entitle the cardholder to undertake any missionary work, mountaineering and research work, without prior permission.

25. Would the Indian civil/criminal laws be applicable to persons registered as OCI?

Yes. For the period, the OCI status holder is living in India.

26. Can a person registered as OCI be granted Indian citizenship?

Yes. As per the provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is registered as OCI, remains an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.

27. Will OCI be granted gratis to certain categories of people?

No.

28. Can OCI be granted to foreign nationals who are not eligible for OCI, but married to persons who are eligible for OCI?

No.

29. Will foreign-born children of PIOs be eligible to become OCI?

Yes, provided one of the parents is eligible to become OCI.

30. What are the benefits of OCI?

Following benefits will be allowed to OCI:

(a) Multi-purpose, multiple entry, lifelong visa for visiting India.

(b) Exemption from registration with local police authority for any length of stay in India.

(c) Parity with NRIs in respect of economic, financial and education fields, except
in matters relating to the acquisition of agricultural/plantation properties.

31. Will any other benefit be granted to OCI?

Any other benefits to OCI will be notified by the Ministry of Overseas Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.

32. Whether the OCI is entitled to voting rights?

No.

33. Whether the OCI is entitled to hold a constitutional post in India?

No.

33. Whether the OCI is entitled to hold Government posts in India?

No, except for the posts specified by an order by the Central Government.

34. If a person is already holding more than one nationality, can he / she apply for OCI?

Yes, as long as the local laws of at least one of the countries allow dual citizenship in some form or other.

35. What are the advantages of OCI when compared to PIO cardholders?

(i) OCI is entitled to a life long visa for visiting India, while for a PIO cardholder, it is for 15 years.

(ii) PIO cardholder is required to register with local Police authority for stay exceeding 180 days in India on any single visit whereas OCI is exempted from registration with Police authority for any length of stay in India.

36. Whether nationals of Commonwealth countries are eligible for OCI?

Yes, if they fulfill the eligibility criteria.

37. Can a person renounce OCI?

Yes. He/she has to declare intention of renunciation to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgement.

38. Can OCI card holders seek employment?

OCI card holders can seek employment in all spheres except - mountaineering, missionary and research work and other work requiring PAP / RAP.

OCI card holders are allowed to work in the private sector.

However, as far as practice in professions, i.e. working as doctors, dentist, nurses, pharmacists, chartered accountant, architects, advocates, etc. are concerned; it is permissible only as per provision contained in relevant Acts. For the present, MCI and DCI Acts donot allow foreign nationals to practice in India. The other Acts prescribes reciprocal facility..

39. Does OCI Card holder need to get an employment visa, registration with FRRO

The OCI card does away completely with the need for an employment visa, registration with FRRO, etc. applicable to other foreign nationals.

40. Does an OCI card holder need to leave India, in case of change of employer or in case he chooses to leave the job, for which he initially came to India?

An OCI card holder need not leave India, in case of change of employer or in case he chooses to leave the job, for which he initially came to India.