What Are the Updated Rights of OCIs?

Is it possible for any foreigner or NRIs to live in India for long duration? Does this nation offer dual citizenship? Is there any provision for NRIs to resettle temporarily here?

Who is an OCI?

To answer the aforementioned questions, the bureaucrats found a solution. Consequently, the Citizenship Act, 1955 was formed. Its Section 7A cites a foreigner is called an OCI if he/she:

• was an Indian native on 26 January 1950 or afterwards
• belonged to the territory that constituted this nation after 15th August 1947
• had right to attain its citizenship on 26th January, 1950.
• is a child/grandchild/ great grandchild of this country’s native
• is a minor child whose both or either parent are citizens of this country
• is a spouse of this country’s citizen

Parallel to it, the concept of PIOs or Persons of India was also introduced. But it was called off in January 2015. As a result, they began encountering problems in traveling seamlessly here. So later, the government facilitated them with conversion option. Now, they can join the league of OCIs by walking through certain formality.

Does OCI assign dual citizenship to emigrants?

Dual citizenship was rarity in 1950s when the Citizenship Act was constituted. Indian bureaucrats followed the footprints of European nations. They did not allow dual citizenship at that time. Likewise, the bureaucrats decided to reject it. Indeed, they did not want to put the nation’s freedom and its security at stake then.  

But something needs to be done for letting the migrants come in for business affairs and tourism. Therefore, the bureaucrats introduced the concept of the foretold card in 2006, besides PIOs in 2002.  

Today, the scenario is different. Global community lives on digital platform. People want to accommodate a country for longer duration. They need uninterrupted mobility. So, it’s the need of the hour. But till today, such concept is not finalized here.

Hence, the Article 326 of its constitution denies offering dual citizenship to NRIs here.

What are its benefits?

Apart from seamless mobility, the owner of this card can:

• enjoy multiple visits & visa validity to India lifelong.
• escape police verification here.
• have all rights parallel to NRIs’ economic, financial, and education. But he/she cannot purchase property for agriculture/plantation here.
• enjoy the same airfares as local citizens.
• take benefits of getting amusement of national parks & wildlife sanctuaries as per fee structure meant for locals.
• carry on professions, like doctors, dentists, nurses, pharmacist, advocates, architects and chartered accountants like locals.

What is disallowed to an OCI in India?

• No passport of this country is issued to them. He/she is provided a registration booklet. It’s not equal to a passport. Every time, he/she must get the stamp from the competent authority.
• He/she cannot be a part of the bureaucrats or legislatives.
• He/she cannot form any political party.
• He/she cannot be deployed to the posts of high court/supreme court’s judge.
• He/she cannot share right of employment equal to a local citizen.
• He/she cannot be deployed to public and union territory or any state government posts.

PIOs to convert to OCIs

Both cards’ service was going on smoothly before 26th January, 2015. It was the day of change. The prospective applicants for persons of origin were left in limbo. PM Narendra Modi announced amendment. According to it, this mobility card was cancelled.

At this, the Indian diaspora abroad was immersed in confusion. The announcement had the notice for conversion of PIO card to the OCI. This change imposed an extra burden of switching cost for CKGS fee. But this provision of switching card was not mandatory.      

According to amendment, the PIOs will automatically be considered as OCIs. It indicates that they need not convert formally unless they want to do so.   

Meanwhile, the PIO card would be issued to the applicants who applied before January 9, 2015. Alongside, those who have this card’s validity remaining and also, issued before this date, they can resume using it for mobility. They shall be considered as the OCI holders automatically.  

The visitors must have old/new passport of current residency, PIO card, and registration booklet for it. The competent authority examines it by putting a stamp. 

Both cards are different from each other. Yet, both serve the same facility, i.e. hassle free mobility across this nation.