Overseas Citizenship of India Card (OCI)- FAQs

Many Indians are settled abroad and have acquired foreign country citizenship. However, they have their roots, family, relatives, assets in India. Due to various regulations under RBI Laws and other laws, there are many restrictions which applies to foreign citizens. However, Indian govt has provided some reliefs under various laws to liberalized and facilitate their transactions in India. In this regard, Govt of India has provided a window under the name of Overseas Citizens of India or OCIs. Below FAQs will be helpful in understanding ‘Overseas Citizenship of India’ in detail along with applicable regulations.

What is ‘Overseas Citizenship of India’ (OCI)?

Overseas Citizenship of India or OCI is an immigration status or kind of life long visa that allows a foreign citizen of Indian origin to live and work in India indefinitely. OCI facilitates Indian expatriates to maintain their ties with India. Rules related to the Overseas Citizenship of India are governed by Citizenship Act, 1955.

Is OCI same as NRI?

No. NRI or Non-Resident Indian is an Indian citizen who resides outside India for work or any other reason & holds an Indian passport.

OCI is foreign citizen who has been granted a special status that allows him to live and work in India indefinitely. OCI is not Indian citizen.

Who can apply for OCI?

Application for OCI can be made by foreign nationals of Indian origin who

  • Were citizens of India on or after January 26, 1950 or were eligible to become citizens of India on January 26, 1950
  • Who belonged to a territory that became a part of India after August 15, 1947
  • Is spouse of foreign origin of Indian citizen or OCI cardholder
  • Is minor child of foreign origin of Indian citizens or OCI cardholders

What is the process of applying for OCI card?

Visit  https://passport.gov.in/oci, fill the online application form along with online payment of necessary fees

Documents to be furnished:

  • Proof of present citizenship – copy of present valid passport with minimum six months validity
  • Copy of any type of visa (other than Missionary & Mountaineering Visa) or Residential Permit with three months validity on date of application
  • Documents evidencing self, parents, grandparents or great-grandparents being citizens of India along with evidence of relationship
  • Documents evidencing being spouse of foreign origin of a citizen of India or an OCI cardholder
  • Thumb impression, signature and current passport size photograph of the applicant

What are the benefits of OCI card?

  • There is no visa requirement for OCI cardholder for travelling to & from India or for working or studying in India 
  • Exemption from Foreigners Regional Registration Office (FRRO) for staying in India
  • OCI cardholder is eligible for various socio-economic benefits, such as opening a bank account in India, obtaining an Indian driving license, or purchasing property in India, etc.
  • After staying in India for a specific period of time, an OCI cardholder can apply for Indian citizenship.

Can an OCI renounce his OCI status in India?

  • An OCI cardholder of full age and capacity can choose to renounce his OCI status by making a declaration in this regard in prescribed manner. 
  • Such declaration, once registered by the Central Government, such person shall no more be considered an OCI. Further spouse/minor child of such person shall also cease to be OCI upon such renunciation.

Can Indian Government cancel OCI registration of person registered as OCI in India?

Where the Central Government is satisfied that person registered as OCI

  • Has obtained OCI status by fraud, misrepresentation or by concealment of important facts
  • Shown disregard towards Constitution of India
  • Has during war, engaged in unlawful trade with such enemy country or entered into commercial activity to assist such enemy
  • Within five years of such registration, been sentenced to not less than two years of imprisonment
  • Is necessary to do in the interest of India’s integrity & security or interest of general public of India

then the Central Government can cancel OCI registration of such person.

What benefits are available to OCIs under RBI regulations?

  • A Foreign citizen holding OCI card in India can purchase an immovable property in India
  • A person holding OCI card is eligible to open Bank account in India
  • OCI card holder can make investment in Private limited company in India. Since strict restrictions are not applicable, such investment is allowed at par with Indian resident investor.

NRI Tax, RBI Laws Services – Various Topics – By NRI Tax Service Team Team

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