OVERSEAS CITIZENSHIP OF INDIA (OCI) CARD

INTRODUCTION

1. Government of India decided to grant Overseas Citizen of India card to persons of Indian origin who migrated from India to foreign countries and acquired citizenship of that country based on the recommendation of a high level committee on Indian Diaspora. The government decided to give this status to persons of Indian origin who migrated to foreign country, his children, grandchildren or great grandchildren according to the eligibility criteria given below, 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 card holder.

ELIGIBILITY

2. As per Section 7A of the Citizenship Act, 1955 (57 of 1955), following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder:-

(a) Any person of full age and capacity,

(i) 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 i.e. 26 January1950; or

(ii) 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 i.e. 26 January 1950; or

(iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15 August 1947; or

(iv) who is a child or a grandchild 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 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:

3. Foreign military personal, whether serving or retired are not eligible for grant of OCI status.

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HOW TO APPLY

4. Application for registration as OCI Cardholder can be made Online. For this purpose, please log on to https://ociservices.gov.in. Applicants are required to upload all the requisite documents (self-attested), photograph and signature (in the case of minors who cannot sign, left hand thumb impression) along with the application.

5. Every person, including a minor, eligible to be registered as Overseas Citizen of India Cardholder under section 7A, may submit separate application. In case of a minor, the application from may be signed by either of the parents or by the person to whom the legal custody of the minor has been granted or by the legal guardian of such minor, as the case may be.

6. After submission of the complete application online including documents, photograph and signature, applicants are required to bring the originals of the supporting documents to the consular section of Assistant High Commission of India, Kandy for prior verification.

7. Self-attested copy of the all the documents should also be brought.

8. Two color photographs of the size of 2 inch x 2 inch (51 mm x 51 mm) with plain light colored background, showing full face & eyes open of the applicant needs to be attached with the application form.

9. The application will be accepted after scrutiny for correctness and eligibility. Incomplete and application with wrong information and insufficient documents will be rejected. Applicants may visit Assistant High Commission of India, Kandy during 0900 hrs to 1200 hrs on any working day. Personal interview of all OCI applicants will be conducted at the time of verification of documents or any other suitable date.

DOCUMENTS TO BE SUBMITTED ALONG WITH THE APPLICATION FORM

10. Proof of present citizenship:-

(a) Copy of present valid passport (applicable in all cases), with validity of minimum 6 months at the time of submission of application & NIC.

(b) Copy of the certificate of registration of citizenship/ naturalization (as the case may be), for the present nationality of the applicant (applicable in all cases).

(c) Cancelled/ Surrendered Indian passport with Surrender Certificate (for those who have surrendered Indian passport in or after 2010).

11. Evidence of address of the place of application:-

(a) Copy of the Electricity Bill/ Telephone Bill in own/ parents/ grandparents/ spouse name.

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(b) If the above is in any other relative’s name, undertaking from the relative stating that the foreigner is residing with him/ her.

(c) Lease License in case of tenants.

12. Evidence of self or parents or grandparents or great grandparents (for cases covered by para 2(a) above):-

(a) Being a citizen of India at the time of, or at any time after the commencement of the Constitution i.e., 26 Jan 1950; or

(b) Being eligible to become a citizen of India at the time of commencement of the Constitution i.e., 26 Jan 1950; or

(c) Belonging to a territory that became part of India after 15 Aug 1947. These could be:-

(i) Copy of the Indian Passport; or

(ii) Copy of the Domicile Certificate issued by the Competent Authority; or

(iii) Copy of Nativity Certificate from the competent authority; or

(iv) PIO/ OCI card of parents/ spouse along with documents to prove Indian origin; or

(v) Any other proof substantiating the request. Usually applicants are able to submit a certificate of residence or place of birth of self/ parents/ grandparents from First Class Magistrate/ District Magistrate (DM) of the concerned place.

13. Evidence of relationship as parent/ grandparent/ great grandparent, if their Indian origin is claimed as basis for registration as OCI Cardholder (cases covered by para 2(b) above):-

(a) The document of relationship could be “Birth Certificate” issued from competent authority mentioning both parents’ name. In case the birth certificate is issued by a foreign authority, it is to be Apostilled or endorsed by the concerned Indian Mission abroad/ concerned foreign Mission in India.

Note: If the parents are divorced, 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. If the court order is in any foreign language, translation in English or Hindi by authorized translator is to be enclosed.

(b) Birth certificate from Birth Registrar to be supported by (i) Education documents, if any and (ii) Documents of inherited landed property, if any.

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(c) Marriage Certificate of parents (If not available, reasons for same).

14. In case of minor child whose both parents are citizens of India or one of the parents is a citizen of India (cases covered by para 2(c) above):-

(a) Copy of child’s Birth Certificate.

(b) Marriage Certificate of parents (if no marriage certificate is available, reasons for same to be indicated).

(c) Copy of Indian passport of the parents / one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the parents/ one of the parents or any other proof substantiating the status of the parents/ one of the parents as being Indian citizen(s).

(d) If the parents are divorced, 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. If the court order is in any foreign language, translation in English or Hindi by authorized translator is to be enclosed.

15. Evidence as spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI Cardholder (cases covered by para 2(d) above):-

(a) Registered Marriage Certificate; and

(b) In the case of spouse of an Indian citizen - 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.

(c) In the case of spouse of an OCI Cardholder - 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.

(d) Declaration from the Indian/ OCI Cardholder spouse stating that in case of divorce/ separation/ death of foreign spouse, it is his/ her responsibility to surrender the OCI Card to the Government of India.

Note: In all cases where the Marriage Certificate is to be submitted, the following guidelines will be applicable:-

(i) If the marriage is solemnized in India, Marriage certificate issued by Marriage Registrar is required.

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(ii) If the marriage is solemnized in foreign country, it should be apostilled/ certified by the concerned Indian Mission/ Post.

(iii) If the Marriage Certificate is in any foreign language other than English, it should be translated in English by authorized translator.

Note: Only one living spouse duly fulfilling the conditions laid down in clause (d) of sub-section (1) of section 7 A of Citizenship Act, 1955 shall be registered as an Overseas Citizen of India Cardholder.

FEE FOR OCI CARD

16. Fees regarding OCI Card services are as under:-

OCI CARD - BENEFITS

17. Following benefits will accrue to an Overseas Citizen of India:-

(a) Multiple entry lifelong visa for visiting India for any purpose:-

Provided that for undertaking the following activities, the OCI Cardholder shall be required to obtain a special permission or a Special Permit, as the case may be, from the competent authority or the Foreigners Regional Registration Officer or the Indian Mission concerned, namely:-

(i) to undertake research;

(ii) to undertake any Missionary or Tabligh or Mountaineering or Journalistic activities;

(iii) to undertake internship in any foreign Diplomatic Missions or foreign Government organisations in India or to take up employment in any foreign Diplomatic Missions in India;

(iv) to visit any place which falls within the Protected or Restricted or prohibited areas as notified by the Central Government or competent authority;

Note: For requisite special permission, OCI Cardholder may visit https://ociservices.gov.in.

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(b) Exemption from registration with the Foreigners Regional Registration Officer or Foreigners Registration Officer for any length of stay in India;

Provided that the OCI Cardholders who are normally resident in India shall intimate the jurisdictional Foreigners Regional Registration Officer or the Foreigners Registration Officer by email whenever there is a change in permanent residential address and in their occupation;

(c) Parity with Indian nationals in the matter of:-

(i) Tariffs in air fares in domestic sectors in India; and

(ii) Entry fees to be charged for visiting national parks, wildlife sanctuaries, the national monuments, historical sites and museums in India;

(d) Parity with Non Resident Indians (NRI) in the matter of:-

(i) Inter-country adoption of Indian children subject to the compliance of the procedure as laid down by the competent authority for such adoption;

(ii) Appearing for the all India entrance tests such as National Eligibility cum Entrance Test, Joint Entrance Examination (Mains), Joint Entrance Examination (Advanced) or such other tests to make them eligible for admission only against any Non-Resident Indian seat or any supernumerary seat:

Provided that the OCI Cardholder shall not be eligible for admission against any seat reserved exclusively for Indian citizens;

(iii) Purchase or sale of immovable properties other than agricultural land or farm house or plantation property; and

(iv) Pursuing the following professions in India as per the provisions contained in the applicable relevant statutes or Acts as the case may be, namely:-

(aa) Doctors, dentists, nurses and pharmacists;

(ab) Advocates;

(ac) Architects;

(ad) Chartered accountants;

18. In respect of all other economic, financial and educational fields not specified in this notification or the rights and privileges not covered by the notifications made by the Reserve Bank

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of India under The Foreign Exchange Management Act, 1999 (42 of 1999), the OCI Cardholder shall have the same rights and privileges as a foreigner.

19. Overseas Citizen of India (OCI) Cardholders are eligible for appointment as teaching faculty in IITs, NITs, IIMs, IISERs, IISc, Central Universities and in the new AIIMS set up under Pradhan Mantri Swasthya Suraksha Yojana (PMSSY).

20. Explanation:-

(a) The OCI Cardholder (including a PIO cardholder) is a foreign national holding passport of a foreign country and is not a citizen of India.

(b) “Non-Resident Indian” shall have the same meaning as assigned to it in The Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018 made by the Reserve Bank of India under The Foreign Exchange Management Act, 1999 (42 of 1999) and who fulfils the “Non-Resident Indian” status as per The Income Tax Act, 1961 (43 of 1961).

(c) Any other benefits to an OCI cardholder may be notified by the central government under section 7b (1) of the citizenship act, 1955.

BENEFITS TO WHICH OCI CARDHOLDER IS NOT ENTITLED TO

21. The OCI Cardholder is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold Constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc. as specified in section 7B(2) of the Citizenship Act, 1955. The OCI Cardholder shall not be entitled for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may, by special order, in that behalf, specify. Further, the OCI Cardholder cannot acquire agricultural land or farmhouse or plantation properties in India.

22. State Governments should ensure that the OCI Cardholder registration booklets of OCI Cardholders are treated as their identification for any services rendered to them.

23. A person registered as an OCI Cardholder is eligible to apply for grant of Indian citizenship under section 5(1) (g) of The Citizenship Act, 1955 if he/she has attained full age (18 year) and if he/she is registered as OCI Cardholder for five years and is ordinarily resident in India for twelve months before making an application for registration. Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, up to a maximum of thirty days which may be in different breaks.

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CANCELLATION OF OCI REGISTRATION

24. If it is found that the registration as an OCI Cardholder was obtained by means of fraud, false representation or concealment of any material fact or the registered OCI Cardholder has shown disaffection towards the Constitution of India or comes under any of the provisions of section 7D of The Citizenship Act, 1955, the registration of such person will not only be cancelled forthwith but he/she will also be blacklisted preventing his/ her future entry into India.

RENUNCIATION OF OVERSEAS CITIZEN OF INDIA CARD

25. 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.

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

OCI GUIDELINES

(for individuals applying for OCI Miscellaneous services and for obtaining special permission to undertake activities in India)

27. The online OCI web portal has been suitably modified under “OCI Miscellaneous Services” to facilitate OCI cardholders to update details of new passport (each time a new passport is issued up to 20 yrs. of age and once after completing 50 yrs of age) and reissue of OCI card once a new passport is issued after completing 20 years of age.

28. OCI cardholders are required to obtain Special Permission from concerned authorities to undertake certain activities in India. OCI cardholders are hereby informed that a separate sub-portal under the name “Apply for Special Permission (Only for OCI cardholders)” has been created in the Online OCI web portal at https://ociservices.gov.in/welcome. This link has detailed instructions as well as documents required to be submitted for getting the special permission.

29. Capturing of Biometrics of Applicants during Registration as OCI Cardholders. An OCI

Cardholder shall have to get the OCI Card re-issued once when a new passport is issued after completing 20 years of age so as to capture his/her facial features on attaining adulthood. OCI Cardholder has to get the details of passport updated online each time a new passport is issued upto 20 years of age and once after completing 50 years of age. Capturing of biometrics of

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fingerprints & face (if technically feasible) in case of applicants for registration as OCI Cardholders is mandatory. Applicants above 70 years of age or below 12 years of age would be exempted from biometric capturing.

OCI MISCELLANEOUS SERVICES

30. Re issuance of OCI Cards. Applications may be submitted online for re-issuance of OCI Cards in the event of following contingencies:-

(a) Issuance of new passport after completing 20 years of age.

(b) Change of personal particulars viz. nationality etc.

(c) Loss/damage of OCI registration certificate.

(d) Filling of wrong personal particulars while submitting online application viz. name, father’s name, date of birth etc.

(e) Change of address/occupation of the OCI Cardholder.

(f) An OCI cardholder shall have to get the OCI Card re-issued once when a new passport is issued after completing 20 years of age so as to capture his/ her facial features on attaining adulthood. For this purpose, the OCI Cardholder shall submit an online application under OCI Miscellaneous Services with a fee of US $25 or an amount equivalent in local currency.

(g) After submission of the complete application online including uploading of requisite documents, photograph and signature, and payment of fee, the applicants are required to bring only the originals of the supporting documents to the Indian Mission/ Post/ FRRO concerned for prior verification. They are not required to bring hard copies/ printouts of the application or the photocopies of the uploaded documents.

OCI PORTAL : https://ociservices.gov.in/onlineOCI/