Overseas Citizenship of India – UPSC Notes – Indian Polity

The Overseas Citizenship of India (OCI) program was started by the Indian government in 2005. It allows people of Indian origin who live outside India to enter and stay in the country without needing a visa for their entire lives. While it’s not exactly the same as being an Indian citizen, it comes with many of the perks. This makes it a helpful way for people with Indian roots to stay connected to their heritage and experience the joys of the country.

What is the Overseas Citizenship of India (OCI) Scheme?

The Overseas Citizenship of India (OCI) Scheme is a program that provides specific foreign nationals with a lasting privilege to visit and reside in India without requiring a visa throughout their lives. While it differs from full Indian citizenship, it comes with various advantages. These include visa-free travel and long-term stay, unrestricted entries and exits, economic, educational, and financial rights, as well as parity with Non-Resident Indians (NRIs).

Who are Overseas Citizens of India?

Overseas Citizens of India (OCI) are foreign nationals already residing in India who are granted a special status allowing them to live, study, or work in the country. This status was established through the Overseas Citizenship of India (OCI) Scheme, introduced in 2006 in response to requests for dual citizenship from the Indian diaspora, particularly in industrialized nations.

Key points about Overseas Citizenship of India (OCI):

1. The OCI status was created in 2006 as an amendment to the Citizenship Act of 1955.
2. It allows foreign nationals, particularly those from the Indian diaspora, to enjoy certain benefits in India without obtaining full Indian citizenship.
3. The Constitution of India does not permit dual citizenship, making the OCI program a unique mobility status.
4. The OCI program was officially launched on January 9, 2006, during the Pravasi Bharatiya Divas convention in Hyderabad.
5. Prior to January 9, 2015, OCI card holders needed a passport with a lifelong “U” visa stamp for travel to India, but this requirement was later removed.
6. Due to the COVID-19 pandemic, visa-free travel for OCI holders was temporarily suspended in March 2020.
7. On March 4, 2021, certain activities in India required OCI holders to obtain a Protected Area Permit, and they were also required to register with the Foreigners Regional Registration Officer (FRRO) for any change of address or occupation.
8. On April 15, 2021, the renewal process for OCI was modified, reducing the number of renewals to once when the passport is renewed for the first time after the age of 20, with some relaxation of guidelines to ease administrative burdens.

Overseas Citizenship of India Card Overview

The OCI card provides Overseas Citizenship of India, allowing holders to permanently reside and work in India. However, it does not confer voting rights, eligibility for political office, or ownership of real estate. The inception of the OCI card can be traced back to the Citizenship (Amendment) Act of 2005, catering to the demands of Indians residing in developed countries seeking dual citizenship.

Eligibility Criteria for Overseas Citizens of India (OCI) Card

Before applying for the OCI program, individuals must meet the following eligibility criteria:

1. Individuals who have acquired citizenship in countries other than India but have Indian ancestry are eligible for OCI cards.
2. The same regulations extend to partners of Indian residents and those with Indian ancestry since August 15, 1947.
3. An individual can qualify if they are a child, grandchild, or great-grandchild of such a citizen.
4. Minors with parents who are both Indian nationals or with one parent being an Indian national are eligible.
5. It’s essential to understand that having Indian citizenship abroad differs from having Indian citizenship domestically, eliminating the concept of having two nationalities or ethnicities.
6. Foreign spouses of Indian citizens or OCI card holders are also eligible.

Note for OCI Card Holders Traveling to India: Since the OCI card doesn’t replace an Indian visa, holders should carry proof of their lifelong visa when traveling to India.

Cancellation of Overseas Citizenship of India Registration:

The Central Government is empowered to cancel the registration granted under section 7A(1) under the following circumstances:

1. If the registration was acquired through fraudulent means, false representation, or by withholding essential information.
2. When the overseas citizen demonstrates disaffection towards the established Constitution of India.
3. In cases where the overseas citizen is involved in unlawful trading or communication with an enemy during any war involving India or engages in business activities supporting an enemy during such war.
4. If, within five years of registration, the overseas citizen is imprisoned for a minimum of two years.
5. When cancellation is deemed necessary to preserve the sovereignty and integrity of India, ensure national security, maintain friendly relations with foreign countries, or protect the interests of the general public.

Benefits of Overseas Citizenship in India

1. Visa Privileges:
   • Enrolled Indian citizens living abroad are granted a variety of deep-rooted, multifunctional visas for travel to India.
2. Exemption from Registration:
   • For the duration of their stay in India, OCI cardholders are exempt from registering with the Foreign Regional Registration Officer.
3. Equality with Non-Resident Indians (NRIs):
   • OCI cardholders enjoy broad “equality with Non-Resident Indians” concerning all opportunities available to them in the financial and educational spheres.
4. Special Immigration Desks:
   • OCI cardholders have access to special immigration desks at all international airports in India, facilitating smoother entry and exit processes.
5. Financial Opportunities:
   • OCI cardholders can establish specialized bank accounts in India, purchase non-farm property, exercise ownership rights, and even apply for a Permanent Account Number (PAN) card.
6. Periodic Recommendations:
   • The Ministry periodically recommends explicit benefits or equality, ensuring that OCI cardholders stay informed about additional privileges or improvements.

Overseas Citizenship of India Rights and Restrictions:

Rights:

1. Visa and Travel:
   • OCI cardholders enjoy multiple entries and lifetime visas for traveling to India for any purpose.
2. Prior Approval for Certain Activities:
   • Certain activities such as study, journalism, climbing, missionary work, Tablighi work, and travel to restricted locations require prior approval for OCI cardholders.
3. Equal Rights with NRIs:
   • OCIs have equal rights to NRIs in areas such as child adoption, competitive examinations, real estate transactions (excluding farms and farmhouses), and careers in specific fields.
4. Privileges Similar to Indian Citizens:
   • OCIs enjoy the same privileges as Indian citizens for domestic travel, monument admission fees, and other public expenses.
5. Educational Opportunities:
   • They can take all-India entrance exams but are not eligible for seats exclusively reserved for Indian nationals.
6. Economic and Financial Rights:
   • OCIs have the same rights as foreigners in economic, financial, and educational areas not covered by specific notifications or the Reserve Bank of India’s regulations under the Foreign Exchange Management Act of 1999.

Restrictions:

1. Voting and Government Employment:
   • OCI cardholders are not allowed to vote, work for the government, or buy land for farming or agriculture.
2. Restricted Entry:
   • Entry into prohibited locations is only allowed with official authorization.
3. Religious Activities:
   • No restrictions on visiting religious sites or participating in customary religious activities like listening to sermons.
4. Prohibition on Religious Propagation:
   • However, it is prohibited to propagate conversion, preach religious doctrines, give lectures in places of worship, distribute religion-related audio or video materials, or distribute leaflets.

To address the demand for dual citizenship among Indians residing in various industrialized nations, the Overseas Citizens of India (OCI) card was introduced in 2005 through the Citizenship (Amendment) Act. This card extends several rights to individuals, similar to those enjoyed by residents, despite holding citizenship in another country.

FAQs on Overseas Citizenship of India

What is the Overseas Citizenship of India (OCI) Scheme?

• The Overseas Citizenship of India (OCI) Scheme is a program that grants specific foreign nationals lifelong privileges to visit and reside in India without requiring a visa. It provides various benefits, including visa-free travel, economic, educational, and financial rights, similar to Non-Resident Indians (NRIs).

Who are Overseas Citizens of India?

• Overseas Citizens of India (OCI) are foreign nationals residing in India with a special status that allows them to live, study, or work in the country. This status was established through the OCI Scheme in 2006, addressing the dual citizenship requests from the Indian diaspora, particularly in developed nations.

What are the key points about the Overseas Citizenship of India (OCI)?

• The OCI status was created in 2006 as an amendment to the Citizenship Act of 1955, offering benefits to foreign nationals, especially those from the Indian diaspora. It’s a unique mobility status as dual citizenship is not permitted in the Indian Constitution.

When was the OCI program officially launched?

• The OCI program was officially launched on January 9, 2006, during the Pravasi Bharatiya Divas convention in Hyderabad.

What changes were made to visa requirements for OCI card holders in 2015?

• Prior to January 9, 2015, OCI card holders needed a passport with a lifelong “U” visa stamp for travel to India, but this requirement was later removed.

How did the COVID-19 pandemic impact OCI holders’ travel to India?

• Due to the COVID-19 pandemic, visa-free travel for OCI holders was temporarily suspended in March 2020.

What modifications were made to the OCI renewal process in 2021?

• On April 15, 2021, the renewal process for OCI was modified, reducing the number of renewals to once when the passport is renewed for the first time after the age of 20, with some relaxation of guidelines.

What are the eligibility criteria for obtaining an OCI card?

• Eligibility criteria include individuals with Indian ancestry who have acquired citizenship in countries other than India, partners of Indian residents, minors with Indian parentage, and foreign spouses of Indian citizens or OCI card holders.

Under what circumstances can the registration of an OCI be canceled?

• The Central Government can cancel OCI registration if acquired through fraudulent means, disaffection towards the Indian Constitution, involvement in unlawful activities during war, imprisonment within five years of registration, or for reasons related to national security and public interests.

What are some benefits of Overseas Citizenship in India?

• Benefits include visa privileges, exemption from registration during stay in India, equality with Non-Resident Indians (NRIs), access to special immigration desks, financial opportunities, and periodic recommendations for additional privileges or improvements.

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