Written by : Kiranjot Kaur, 1st year , LL.B, Lovely Professional University
What is OCI , Benefits ,How to Apply For OCI.
While your passport is the primary travel document, OCI is like a lifelong visa for people who are of Indian origin. But it should be kept in mind that OCI card holders are not citizens of India. They must have valid passport while there, stay in the country.
Who are overseas citizens of India(OCI)?
Overseas citizens of India(OCI) is a person who is citizen of foreign country having an Indian origin. It grants permission to live and work in India infinite.it was launched on demand by Indian diaspora living in various developed nations to have dual citizenship in India. The scheme was introduced by amending citizenship act, 1955 in August 2005.
Who can become a OCI card holder?
1.Who was the citizen of India at the time of or at any time after commencement of Constitution of India that is 26. 01, 1950 or
2.Who was eligible to become citizen of India on 26. 01, 1950 or
3.Who was belonging to a territory that became part of India after 15. 08.19,47 or
4.Who is a child or a grandchild or a great grandchild of such a citizen or
5.Who is the minor child of such a person mentioned above or
6.Who is the minor child and whose both parents are citizens of India or one of the parent citizen of India, or
7.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 of the Citizenship Act, 1955 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.
Note : No person, who or either of whose parents or grandparents or great grandparents 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 an Overseas Citizen of India Cardholder.
Privileges or benefits of OCI card holders
1.OCI can be used as identity proof for application of PAN card and driving license.
2.OCI can be used as an identity proof to open bank account. If OCI card holder is residing in India.
3.Multiple entry multipurpose lifelong, use to visit in India(Special approval is required for research. Mount earing, missionary activities, journalism and to visit restricted/protected areas.
4.Exemption from reporting to police authorities IFRRO for any length of stay in India.
5.Equality with domestic Indians in entry to
-National parks
-Wildlife sanctuary’s
-In matters of tariff in airfares in domestic sectors in India
-National monuments
-Historical sites
-Museums
6.Equal facilities, available in economic, financial and educational field.
7.Eligible to enrol in national pension scheme(NPS) at part with NRI’S
8.They can pursue the following professions in India
-Doctors, dentist, nurses, pharmacist
-Advocates
-Architects
-Chartered Accountants
9.They can appear in all India pre-medical tests or such other tests to make them eligible for admission
Benefits to which OCI card holder is not entitled
1.They don’t have right to vote
2.They cannot be member of legislative assembly or council or Parliament
3.Cannot hold official posts such as President, vice president, judges of Supreme Court or judges of High Court
4.Cannot hold post in public services and posts in connection with the affairs of union or any state(except any special order is given)
5.Cannot acquire agriculture or plantation properties in India, but is entitled to ancestral properties in India.
How to apply for OCI card?
Apply at https://ociservices.gov.in
1.Proof of present citizenship.
2.Proof of visa with validity of three months and a residential permit if applied in India.
3.Evidence of self or parents or grandparents or great grandparents(article 6 and seven evidence of relationship to be established).
4.In case of minor-
-Copy of child’s birth certificate .
-Copy of Indian passport of either of the parent .
-In case of diverse custody of the child should be proven.
5.In case spouse is of foreign origin, then
Evidence of one of the spouse being of the Indian origin should be given
6.PIO card holder should summit copy of his PIO CARD.
Duration of grant of OCI card
After replying within 30 days of the application, if there is no adverse information available against the applicant, the decision of grant or otherwise is taken within 120 days.
What leads to cancellation of OCI registration?
1.If OCI card was obtained by following means-
-Fraud
-False representation
-Concealment of any material fact .
-Disqualification towards the Constitution of India .
-Comes under any of the provision of section 7D of the citizenship act, 1955 .
(Section 7D of the Citizenship Act, 1955 provides for the cancellation of registration as overseas citizen of India. The new Clause (da) proposed to be inserted after Clause (d) of Section 7D of the Principal Act adds one more category falling within the ambit of cancellation. Now, it proposes to include those Overseas Citizens of India Cardholder who have violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification publishedin the Official Gazette.)
Important instructions
-OCI card has to be re-issued each time. A new passport is issued under the age of 20 years.
-The OCI card needs to be reassured after completing the age of 50 years.
-No reasons of the OCI card is required between the age of 21 and 50 years .
To apply for the OCI card the candidate can submit the application on https://ociservices.gov.in after checking and completing the documents required for application of the OCI. The process has been made simpler and easier by government of India. Thus applicant should take benefit of it.
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