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OCI Explained – What are the rights and privileges granted?

The Overseas Citizenship of India (OCI) program is granted to foreign nationals of Indian origin to live and work in India.This program is not for individuals who are from Pakistan or Bangladesh.

The following individuals qualify for registration as an OCI[1]

  • A person who at any time held an Indian passport; or
  • A person whose either parent or grandparents or great grandparents was born in and was a permanent resident of India, provided neither was at any time a citizen of Pakistan or Bangladesh or any other country that may be specified by the Government from time to time; or
  • A person of foreign origin who is a spouse of a citizen of India/OCI cardholder and whose marriage has been registered and subsisted for a minimum period of two years.

The Ministry of Home Affairs (MHA) has recently issued a notification to all the Foreigners Regional Registration Offices (FRROs) or Foreigners Registration Offices (FROs) stating that an OCI application can only be submitted in India once a foreign national has resided in India for a continuous period of six (6) months prior to submitting the application. This means an uninterrupted stay in India for an entire period of six (6) months. It is important to note that this is applicable only to OCI applications submitted in India.

Benefits of an OCI cardholder

  • Multiple entry,
    multi-purpose and a lifelong visa to visit and live in India. If the OCI card
    holder wishes to undertake research work in India, special permission to
    undertake such work must be granted by the Indian Mission/FRRO concerned. OCI
    cardholders are not entitled to undertake Missionary, Mountaineering and
    Journalism activities without prior permission of the Indian government. If the
    individual wishes to undertake such activities, prior permission from the
    Indian Mission/FRRO concerned is required;
  • Exempt from in-country
    FRRO/FRO registration requirements for any length of stay in India;
  • Receives equal rights
    with non-resident Indians (NRIs) in financial, economic and educational fields
    except in acquiring agricultural land or plantation properties;
  • Parity with NRIs with
    regard to pursuing professions such as doctors, dentists, nurses, pharmacists,
    advocates, architects and chartered accountants;
  • Parity with NRIs in the
    matter of inter-country adoption of Indian children.

The OCI program is not a replacement for dual citizenship but affords some rights to eligible individuals with an Indian heritage who are now citizens of different countries and also other persons of non-Indian origin/heritage provided they fulfill certain conditions.

Author Profile

Poorvi Chothani, Esq.
Founder & Managing Partner
LawQuest, India. LawQuest Global PLLC, Florida

Poorvi Chothani is the Founder and Managing Partner of LawQuest, a global immigration law firm, with offices in Mumbai, Florida, and New York. She is licensed to practice law in India, the UK, and the U.S. (New York).

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