Overseas Citizenship of India

With effect from October 2018, ICAO (International Civil Aviation Organisation) will accept only machine readable travel documents, hence, existing PIO Cards, which are handwritten, will therefore, become invalid. Thus, it will be necessary upon PIO Cardholders to obtain machine readable OCI Cards in lieu of existing handwritten PIO Cards before October, 2018 to avoid any inconvenience.

All PIO Card holders are advised to apply for OCI through Online OCI Services website https://ociservices.gov.in and submit hardcopies of the application and self-attested supporting documents to the Indian High Commission

GOI relaxation to OCI cardholders

Simplifies process for re-issue of OCI Cards

PROCEDURE ON HOW TO UPLOAD  NEW PASSPORT AND PHOTO

GUIDELINES FOR RE-ISSUANCE OF OCI CARD

In a decision which is expected to significantly ease the process for re-issue of Overseas Citizen of India (OCI) cards, the Modi Government has decided to simplify the process. This decision has been taken on the directions of the Union Home Minister Shri Amit Shah.

The OCI Card has proved to be very popular amongst foreigners of Indian Origin and spouses of foreign origin of Indian citizens or OCI cardholders, as it helps them in hassle free entry and unlimited stay in India. So far about 37.72 lakh OCI Cards have been issued by the Government of India.
As per the extant law, a foreigner of Indian origin or a foreign spouse of an Indian citizen or foreign spouse of an Overseas Citizen of India (OCI) cardholder, can be registered as an OCI cardholder. OCI card is a life-long visa for entry into and stay in India with a number of other major benefits attached to it which are not available to other foreigners.

Presently, the OCI card is required to be re-issued each time a new passport is issued up to 20 years of age and once after completing 50 years of age, in view of biological changes in the face of the applicant. With a view to facilitate the OCI cardholders, it has now been decided by the Government of India to dispense with this requirement. A person who has got registration as OCI cardholder prior to attaining the age of 20 years will have to get the OCI card re-issued only once when a new passport is issued after his/her completing 20 years of age, so as to capture his/ her facial features on attaining adulthood. If a person has obtained registration as OCI cardholder after attaining the age of 20 years, there will be no requirement of re-issue of OCI card.

With a view to update the data regarding new passports obtained by the OCI cardholder, it has been decided that he/she shall upload a copy of the new passport containing his/her photo and also a latest photo on the online OCI portal, each time a new passport is issued up to 20 years of age and once after completing 50 years of age. These documents may be uploaded by the OCI cardholder within 3 months of receipt of the new passport.

However, in the case of those who have been registered as OCI cardholder as spouse of foreign origin of a citizen of India or an OCI cardholder, the person concerned will be required to upload on the system, a copy of the new passport containing the photo of the passport holder and also a latest photo along with a declaration that their marriage is still subsisting each time a new passport is issued. These documents may be uploaded by the OCI cardholder spouse within three months of receipt of his/ her new passport.

The details will be updated on the system and an auto acknowledgement through e-mail will be sent to the OCI cardholder informing that the updated details have been taken on record.

 

Clarification for all OCI holders

OCI card needs to be re-issued each time a new passport is acquired by the cardholder up to the age of 20 years.

OCI card is required to be re-issued mandatorily only once after completing 50 years of age irrespective of the fact whether the cardholder has obtained a new passport or not.

Re-issuance of OCI card is not required each time a passport is issued to a cardholder between 21 and 50 years of age. There is no mandatory requirement of carrying the old passport but may be advisable to carry as part of abundant precaution.

Detailed guidelines on OCI are on the website of MHA (www.ociservices.gov.in)."

1. CITIZENSHIP (AMENDMENT) ORDINANCE 2015

Extract:

“7A. (1) The Central Government may, subject to such conditions and restrictions, as may be prescribed on an application made in this behalf, register as Overseas Citizen of India cardholder –

(a) Any person of full age and capacity –

1. Who is a citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution; or
2. Who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or
3. Who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947, or
4. Who is a child or a grand-child or a great grandchild of such a citizen; or
(b) A person who is a minor child of a person mentioned in clause (a); or
(c) A person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or
(d) Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India cardholder registered under section 7A 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 under this section: Provided that for the eligibility for registration as Overseas Citizen of India cardholder, such spouse shall be subjected to prior security clearance from a competent authority in India:

Provided further that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as Overseas Citizen of India cardholder.”

An Overseas Citizen of India shall not be entitled to the rights conferred on a citizen of India under various articles as prescribed in the Ordinance.

“7C. (1) If any Overseas Citizen of India cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an overseas Citizen of India cardholder, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an Overseas Citizen of India cardholder.

(2) Where a person ceases to be an OCI Cardholder under sub-section(1), the spouse of foreign origin of that person, who has obtained OCI card under clause (d) of sub-section (1) of Section 7A, and every minor child of that person registered as OCI cardholder shall thereupon cease to be an OCI Cardholder.

7D. The Central Government may, by order cancel the registration granted under sub- section (1) of section 7A, if it is satisfied that –

(a) The registration as OCI cardholder was obtained by means of fraud, false representation or concealment of any material fact; or

(b) The OCI cardholder has shown disaffection towards Constitution of India, as by law established; or

(c) The OCI cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or

(d) The OCI cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; or

(e) It is necessary to do so in the interests of the sovereignty and integrity of India, friendly relations of India with any foreign country, or in the interests of the general public; or

(f) The marriage of an OCI Cardholder, who has obtained such card under clause (d) of sub- section (1) of section 7A

(i) Has been dissolved by a competent court of law or otherwise; or

(ii) Has not been dissolved but, during the subsistence of such marriage, he has solemnized marriage with any other person.”

B.    APPLICATION FORM AND PROCEDURE

C.    DOCUMENTS REQUIRED / CHECKLIST FOR OCI

D.    IMPORTANT INFORMATION

E.     MISCELLANEOUS OCI SERVICES

F.     FREQUENTLY ASKED QUESTIONS

Queries may please be mailed to Attache (Consular) at cons.daressalaam@mea.gov.in .