OVERSEAS CITIZENSHIP OF INDIA (OCI) SCHEME

OVERSEAS CITIZENSHIP OF INDIA (OCI) SCHEME

IMPORTANT CLARIFICATION: Persons registered as OCI are not Indian Citizens. This is a new category created under this statute with certain restricted rights as compared to India citizens. the benefits of seeking OCI status are available on MHA's website. It may be further clarified that the provision applying to PIOs of only those countries that allow dual citizenship in one form or other under their local laws, was kept primarily to ensure that they do not lose any of the rights conferred under the foreign law for being registered as OCI

1. Registration as Overseas Citizen of India (OCI)– Eligibility :

A foreign national, who was eligible to become citizen of India on 26 th January 1950 or belonged to a territory that became part of India after 15 th August 1947 and his/her children and grand children, provided his/her country of nationality allows dual citizenship in some form or the other under the local laws, is eligible for registration as OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI. A person who may have been a citizen of Pakistan or Bangladesh, and is married to a person eligible for registration as OCI is not eligible for grant of OCI. However, their children are eligible as OCI. An OCI Registration Card will be issued by the Indian Missions/Posts abroad after scrutinizing the application and deciding eligibility. Application forms and procedure are available on website www.mha.nic.in under the heading ‘Foreigners Division – Dual Citizenship'.

NOTE: Minors whose both parents are Indian are not elligible for OCI

2. UNIVERSAL VISA :

Indian Missions/Posts abroad can grant ‘Universal Visa' subject to conditions laid down from time to time to persons registered as Overseas Citizen of India( OCI): Main features of these instructions and conditions are given below:-

(i). The validity of the visa will be for the duration of the holder's life.This visa will have multiple entry facility.

(ii). Overseas Citizens of India holding Universal Visa :

• Are exempted from registration with the concerned local Foreign Regional Registration Officer/Foreigners Registration Office irrespective of duration of stay in India.

• Require no separate ‘Tourist' Visa for visiting India.

• Require no separate ‘Student', ‘Employment' ‘Business' visa for admission in colleges/institutions for taking up employment, business etc.

(iii) The Universal Visa may be revoked/cancelled without prejudice to other legal actions if the registration as OCI is cancelled under the relevant provisions of the Citizenship Act,1955.

(iv) The grant of Universal Visa does not entitle the visa holder to visit a restricted/protected area in India. Visits to such areas shall continue to be governed by the instructions in this regard issued from time to time by the Government of India.

• The Universal Visa does not entitle the visa holder to undertake any missionary work, mountaineering and research work, without the prior permission of the Government of India in accordance with instructions issued from time to time.

(vi) Processing time of application for Universal Visa is minimum four weeks.

Application Form : The OCI Application Form has two parts. i.e Part-A and Part-B.

Part –A: Part-A of the OCI application form can be filled up on-line by the applicants. It can be accessed by selecting ‘individual' box given in the beginning of the OCI application form. The 'Fields' marked with * in Part-A of the OCI application form are mandatorily to be filled in by the applicants. Each applicant has to fill in Part-A. Applicant will get a software-generated on-line registration number, which may be called reference number. But, still the registered application can be retrieved from the reference number. Part-A is tamper proof. Once the Part-A has been submitted on-line, the applicant cannot make any changes to it. Applicants not wishing to register themselves on-line, can take a print out of the application form and fill Part-A by hand or type it.

Part-B: Part-B of the OCI application form is meant for all members of the family, not exceeding four including the applicant. Part-B of the OCI application form, which is in ZIP format, can be accessed by selecting ‘group' in the OCI application form. Part-B cannot be filled on-line. It is to be downloaded either using ‘evaluation version' or saved on a floppy/in Word format. Part-B of the OCI application form should be filled either in hand in legible CAPITAL LETTERS or typed. Additional sheets can be used in case space provided in the OCI application form is insufficient.

Both Parts A&B need to be submitted together along with enclosures and the requisite fee.

Fee: 1) R$ 615.00

2) PIO(Person of India Origin) card holders can also apply for OCI if he/ she is otherwise eligible for registration on payment of fee of R$ 56.00. Copy of PIO card has to be enclosed alongwith the application.

Persons of Indian Origin (PIO) Card Scheme

Following the introduction of PIO card scheme, PIO card holders are eligible for visa free entry into India for a period of the validity of the card, i.e. 15 years and they are NOT required to register themselves with the concerned Foreign Registration Office/Foreign Regional Registration Office if their continuous stay does not exceed 180 days. If the continuous stay exceeds 180 days, the PIO should approach the concerned FRO/FRRO for registration within 30 days of the expiry of 180 days to get registered.

Information on PIO Card Scheme

The Government has announced the launching of a People of Indian Origin Card, which will allow visa free entry to Indian origin people living abroad and give them all the rights enjoyed by Non-Resident Indians (NRIs) including purchase of non-agricultural land. 15 million people of Indian origin living abroad will benefit from the Card. Fee for PIO Card is R$ 705.00 for adult and for children below the age of 18 years is R$ 353.00 (effective from September 15, 2002). Validity of new PIO card will be 15 years from the date of issue. However, it would not be issued to people of Indian origin living in Pakistan and Bangladesh . It does not give voting rights to the holders of the Card. It is eligible for the Indians who hold a foreign passport living abroad till the fourth generation. The PIO Card holder would be exempt from registration if his stay in India does not exceed 180 days. However, if the stay exceeds 180 days, the PIO Card holder will have to register within 30 days of the expiry of 180 days with the concerned Foreigners Registration Officer at district headquarters. The right to buy property would not be valid to Jammu & Kashmir. The PIO Card holder would be able to admit their children to educational institution in India under the NRI category. These include the IITs and Indian institutes of Management. They can also benefit from housing schemes of the Life Insurance Corporation, State Governments and other Government agencies.

THE PRESS RELEASE AND GAZETTE NOTIFICATION ON PIO CARD FOLLOWS: -

Understanding the sentiments of persons of Indian origin to be closer to their original country and to reinforce their emotional bonds, as well as respecting their desire to participate in the development of the resolve to frame a special scheme. This resolve was translated in the first Budget Speech of FM: -

"Government have decided to draw up a scheme for issuance of a Persons of Indian Origin (PIO) Card for those living abroad and having foreign passports. The PIO Card, which would be extended to Persons of Indian Origin settled in countries to be specified by Government would besides introducing a visa free regime, also confer some special economic, educational, financial and cultural benefits. The details are being worked out".

The Government has today launched a comprehensive Scheme for the Persons of Indian Origin - called the "PIO Card Scheme". Under this scheme, Persons of Indian Origin up to the fourth generation (great grand parents) settled throughout the world, except for a few specified countries, would be eligible. The Card would be issued to eligible applicants through the concerned Indian Embassies/ High Commissions/ Consulates and for those staying in India on long term visa, the concerned Foreigners Regional Registration Officer ( Delhi , Mumbai, Calcutta , and Chennai) would be the same.

Besides making their journey back to their roots simpler, easier and smoother, this Scheme entitles the PIOs to a wide range of economic, financial, educational and cultural benefits. The benefits envisaged under the Scheme include: -

(i) No requirement of visa to visit India :

(ii) No requirement to register with the Foreigners Registration Officer if continuous stay does not exceed 180 days. If continuos stay exceeds 180 days, then registration is required to be done within a period of 30 days of the expiry of 180 days:

(iii) Parity with Non-Resident Indians in respect of facilities available to the latter in economic, financial, educational fields, etc. These facilities will include:-

Acquisition, holding, transfer and disposal of immovable properties in India except of agricultural/plantation properties;
Admission of children in educational institutions in India under the general category quota for NRIs - including medical / engineering college, IITs, IIMs etc.
Various housing schemes of Life Insurance Corporation of India , State Governments and other Government agencies;

(iv) All future benefits that would be extended to NRIs would also be available to the PIO Card holders;

(v) However, they shall not enjoy political rights in India .

The above steps would go a long way in renewing and strengthening the emotional bond amongst PIOs with the land of their origin. The attractive features of the Scheme will further exhort them to play an increasingly constructive role in the socio-economic and cultural development of the country of their origin.

MINISTRY OF HOME AFFAIRS NOTIFICATION

(i) This scheme may be called PIO Card Scheme, 2002;

(ii) It shall come into force with effect from 15th September, 2002.

Definition - In this scheme, unless the context otherwise requires.

(a) "Indian Mission" means the Embassy of Indian/ High Commission of India / Indian Consulate in a foreign country.

(b) "Person of Indian origin" means a foreign citizen not being a citizen of Pakistan, Bangladesh and other countries as may be specified by the Central Government from time to time if.

He/she at any time held a Indian passport; or
He/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizens of any of the aforesaid countries (as referred to in 2(b)above; or
He/she is a spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above.

Form of application for issue/ renewal of a PIO Card:-

An application for issue/renewal of a PIO Card shall be made in the prescribed form and shall be accompanied by documentary evidence to show that the application is a person of Indian origin as defined.

Authority to which application is to be made:-

An application for issue of a PIO Card shall be made to an Indian Mission in the country where the applicant is ordinarily resident.
Applicants already in India on Long Term Visa (more than one year) shall make the application for issue of a PIO Card to the following authorities:-

(A) Those residing in:-

Delhi
Foreigners Regional Registration Officer, Level –II, East Block VIII, R.K. Puram,
Sector – I, New Delhi .
Mumbai
Foreigners Regional Registration Officer, Annex II, Commissioner of Police, Craw Ford Market, Mumbai - 400001.
Calcutta
Foreigners Regional Registration Officer, 237, Acharya Jagdish Calcutta - 700020
Chennai
Chief Immigration Officer, Bureau of Immigration, Shastri Bhavan Annex, No.26, Haddows Road, Chennai- 600006.

(B) Those residing in areas other than (A) above:-

Joint Secretary (Foreigners). Ministry of Home Affairs, 1st floor, Lok Nayak Bhavan, Khan Market New Delhi-110003.

Authority to grant a PIO Card:-

The authority to grant a PIO Card shall be an officer in an Indian Mission notified for the purpose or the Joint Secretary Ministry of Home Affairs, Government of India or the Foreigners Regional Registration Officer, New Delhi , Mumbai, Calcutta of the Chief Immigration Officer, Chennai.

Validity of PIO Card:-

A PIO Card shall be valid for a period of Fifteen years.

Fees:-

Fee for new PIO Card for adult – R$ 705.00

Fee for new PIO Card for children Below the age of 18 years – R$ 353.00

Status of PIO Cards issued earlier as per PIO Card Scheme (1999)

PIO Card issued earlier for US $ 1000/- will continue to remain valid and no refund shall be admissible. However, the validity of the such cards shall be extended by 10 more years without charging any fee.

Facilities to be extended to a PIO Card holder:-

A PIO Card holder shall not require a visa to visit India .
A PIO Card holder will be exempted from the requirement of registration if his stay in India does not exceed 180 days.
In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he / she shall have to get himself/ herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Registration Officer at District Headquarter.
A PIO Card holder shall enjoy parity with NRIs in respect of all facilities available to the latter in the economic, financial and educational fields except in matters relating to the acquisition of agricultural/plantation properties. No parity shall be allowed in the sphere of political rights.

Cancellation of PIO Card:-

The Central Government may by order, cancel the PIO Card, if it is satisfied that:

the PIO Card was obtained by means of fraud, false representation or the concealment of any material fact; or
the PIO Card holder has shown himself by act or speech to be disaffected towards the Constitution of India and other laws of India; or
the PIO Card holder is a citizen or subject of any country at war with, or committing external aggression against India; or of any other country assisting the country at war with, or committing such aggression against India; or
the PIO Card holder has been sentenced in India for indulging in acts of terrorism, smuggling of narcotics, arms, ammunitions etc, or has been sentenced for committing an offence punishable with imprisonment up to one year or fine up to rupees ten thousand; or
it is not conducive to the public interest that the person should continue to hold a a PIO Card.

No reasons shall be assigned for withdrawal of the Card.

APPLICATION FORM FOR THE GRANT/RENEWAL OF A PIO CARD

(TO BE FILLED UP IN DUPLICATE)

1. (a) Name of the applicant :

(b) Surname at birth (if any) :

(d) Date of birth :

(e) Place of birth : (Town, city, country)

1. Father's /Mother's/ spouse's name and nationality

(a) Father :

(b) Mother:

2. Address:

(a) Present :

(b) Permanent:

3. Profession or occupation :

4. Business/Office address :

5. Male/Female :

6. Marital status: Married/Unmarried

7. Nationality (at the time of birth)

8. (a) Present nationality (if different):

(b) Date on which acquired:

9. Passport particulars of applicant:

(a) Passport Number :

(b) Date of issue :

(d) Country which issued the Passport :

(e) Place of issue

10. Does the applicant hold dual nationality:

(If so, please give details including the details of all the passports held etc.)

11. Did the applicant at any time hold the nationality

of any country other than the present nationality,

if so, please give details thereof:

12. Whether the applicant or either of his/her

parents or grand parents or great grand parents

held an Indian Passport at any time,

If so, details thereof:

(a) Passport Number :

(b) Date of issue :

(d) Date of expiry :

(Enclose photocopy of relevant documents)

13. Whether the applicant or either of his/her parents or any

of his/her grand parents or great grand parents was born

and was permanently resident in territories falling in present

day India, Pakistan and Bangladesh, as on the date of the notification of the scheme i.e. 30-3-1999. If so, the following details may be indicated:

(i) Date and place of birth

(ii) Proof of residence, etc.

(Enclose photocopy of relevant documents)

(NOTE: If the applicant is the spouse of a citizen of India or of a person who or either of whose parents, grand parents or great grand parents was born and was permanently resident in territories falling in the present day India, Pakistan and Bangladesh, his/her full particulars including Date & Place of birth, proof of residence, nationalities held and passport details (previous & present) may be given.

14. Has the applicant ever been refused Indian Passport/

Travel document or visa for visiting India, if so, give

complete details : ( i.e Place & date of application,

Purpose, reasons for refusal etc.)

15. Details of previous PIO Card (wherever applicable) :

(a) Date of issue :

(b) Date of Expiry :

16. Name & complete addresses of two persons

known to the applicant living in India

(a) Name :

(b) Complete postal address :

17. Details and mode of payment of fee :

Note: Acceptance of application form does not confer any right on the applicant to the PIO Card.

GUIDELINES

1) Application to be filled in DUPLICATE (TO BE FILLED IN BLOCK LETTERS IN BLUE/BLACK INK ONLY).

2) Please enclose all relevant documents substantiating your claim as a person of India origin. (Also see 12 & 13 in the application).

3) Attach 4 recent identical passport size photographs (Front pose with light background only.)

4) Appropriate PIO Card fee (R$ 705.00 for adult; R$ 353.00 for children below the age of 18 years) should be deposited along with the application.

5) Enclose old Indian passport and photocopy of first two pages & last two pages or copy of cancelled India passport and foreign passport in original, photocopy of birth certificate in case of applicants under 18 years of age along with PIO Card application.

6) Photocopies of both parent’s passports are required in case applicant never held Indian nationality. In case of requirement, the original passports requested should be produced.

7) Photocopy of 2 documents as a proof of current address (Telephone bill/Utility bill/lease agreement, etc)

8) The processing time for PIO Card application is 15 business days from the date of receipt at the Embassy.

9) NOTE: Furnishing of false information will result in summary rejection of the application. Acceptance of application does not confer any right on the applicant to the PIO Card.