OCI Card (Overseas citizen of India): Eligibility, Rights and Rules

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The Overseas Citizen of India (OCI) card is a significant initiative by the Indian government to strengthen ties with the Indian diaspora worldwide. It grants eligible individuals various rights and privileges, allowing them to live, work, and study in India without visa restrictions. While it offers numerous benefits, it is not equivalent to Indian citizenship and comes with specific limitations. The evolution of the OCI card reflects India’s commitment to fostering a constructive relationship with its global community.

Evolution of OCI card

The development of the OCI card demonstrates initiatives to improve relations with the Indian diaspora.

L.M. Singhvi Committee on Indian Diaspora

About: It was established in the year 2000 by the Ministry of External Affairs.
Objective: The purpose was the study of the global Indian Diaspora and to recommend measures for a constructive relationship with them.
Recommendation: It submitted a report in 2002. It recommended the amendment of the Citizenship Act (1955) to provide for grant of dual citizenship to Persons of India origin (PIOs) in certain specified countries.

Citizenship (Amendment) Act 2003

The legislation provided for granting OCI status to PIOs (Persons of Indian Origin) in 16 designated countries. It also eliminated all sections concerning Commonwealth Citizenship from the original act.

Citizenship (Amendment) Act 2005

Expansion of OCI status: The eligibility criteria for obtaining OCI status has been extended to include individuals of Indian descent from every country, with the exception of Pakistan and Bangladesh.
Conditionality added: One condition was added that home countries should have allowed for dual citizenship under their local laws.
Not a dual citizenship: OCI status is not considered “dual citizenship”; the Indian constitution explicitly prohibits this under Article 9.

Citizenship (Amendment) Act 2015

New scheme introduced: A new scheme called “Overseas Citizen of India Cardholder” was introduced by merging the PIO card scheme and the OCI card scheme. The PIO Card program was launched on August 19, 2002, and the OCI card program started on December 2, 2005. Both programs operated simultaneously, causing confusion among people.

About Overseas citizen of India (OCI)

The Indian constitution prohibits ‘dual citizenship’.

Not a citizenship: Although it is called overseas citizen of India (OCI) status, it is not actually citizenship and does not grant the right to vote in Indian elections or to hold public office.
Background: The OCI scheme was introduced in response to demands for dual citizenship by the Indian diaspora.
Rights provided to OCI: The status provides overseas citizens many of the rights which are available to resident citizens of India. It allows individuals of Indian origin (PIO) and their spouses to obtain permanent residency, enabling them to reside and work in India without time limits.
Present status: As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.

Category	Indian passport	Resident in India	Expatriate	Tax status	OCI card
Indian (resident)	Yes	Yes	No	Yes	No
Non – resident Indian (NRI)	Yes	No	Yes (of India)	No	No
OCI (Overseas citizen of India)	No	Yes (in India)	Yes (in India)	Yes (If resident of India) rest no	Yes

Conferment of Rights on Overseas Citizen of India Cardholder

An overseas citizen of India cardholder shall be entitled to such rights, as the Central Government may specify in this behalf.

Rights available to OCI Cardholder	Rights not available to OCI Cardholder
Multiple entries, multi-purpose lifelong visa to visit India; Exemption from reporting to Police authorities for any length of stay in India; Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties; Treated at par with Non-Resident-Indian in the matter of inter-country adoption of Indian children; Treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India; Charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India; Parity with Non-Resident Indian in respect of entry fees to be charged for visiting the national monuments, historical sites and museums in India; Pursuing the following professions in India; Parity with Non-Resident Indians to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts; OCI Registration booklet is treated as OCI’s identification for any service rendered to him/her; In case proof of residence is required, OCI may give an affidavit attested by a notary stating that a particular/specific address may be treated as their place of residence in India and may also give their overseas residential address as well as email address if any.	He shall not be entitled to the right to equality of opportunity in matters of public employment. He shall not be eligible for election as President. He shall not be eligible for election as Vice-President. He shall not be eligible for appointment as a Judge of the Supreme Court. He shall not be eligible for appointment as a Judge of the High Court. He shall not be entitled for registration as a voter. He shall not be eligible for being a member of the House of the People or of the Council of States. He shall not be eligible for being a member of the State Legislative Assembly or the State Legislative Council. He shall not be eligible for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may specify.

Rights available to OCI Cardholder

Rights not available to OCI Cardholder

Multiple entries, multi-purpose lifelong visa to visit India;
Exemption from reporting to Police authorities for any length of stay in India;
Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties;
Treated at par with Non-Resident-Indian in the matter of inter-country adoption of Indian children;
Treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India;
Charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India;
Parity with Non-Resident Indian in respect of entry fees to be charged for visiting the national monuments, historical sites and museums in India; Pursuing the following professions in India;

Parity with Non-Resident Indians to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts;
OCI Registration booklet is treated as OCI’s identification for any service rendered to him/her;
In case proof of residence is required, OCI may give an affidavit attested by a notary stating that a particular/specific address may be treated as their place of residence in India and may also give their overseas residential address as well as email address if any.

He shall not be entitled to the right to equality of opportunity in matters of public employment.
He shall not be eligible for election as President.
He shall not be eligible for election as Vice-President.
He shall not be eligible for appointment as a Judge of the Supreme Court.
He shall not be eligible for appointment as a Judge of the High Court.
He shall not be entitled for registration as a voter.
He shall not be eligible for being a member of the House of the People or of the Council of States.
He shall not be eligible for being a member of the State Legislative Assembly or the State Legislative Council.
He shall not be eligible for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may specify.

Registration of Overseas Citizen of India Cardholder

Central government based on an application can register an overseas citizen of India as a cardholder, if a person-

is a citizen of another country, but was a citizen of India on 26th January 1950 or at any time thereafter; or
is a citizen of another country, but belonged to a territory that became part of India after 15 August 1947; or
is a citizen of another country, but was eligible to become a citizen of India on 26th January 1950; or
is a child or a grandchild or a great-grandchild of such a citizen; or
is a minor child of such persons mentioned above; or
is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or
is a 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.
A person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan or Bangladesh, is ineligible for registration as an Overseas Citizen of India.
A person who has served as a member of any foreign military, including that of his home country, is ineligible to receive an OCI card, except when bound by their home country to serve under their local law. This is the reason Israeli citizens of Indian origin are exempt from this rule and are eligible for OCI even if they served in the Israel Defence Forces.

Renunciation of Overseas Citizen of India Card

An Overseas Citizen of India can make a declaration renouncing the card registering him as an OCI cardholder. After the declaration has been registered by the Central Government the person shall cease to be an Overseas citizen of Indian cardholder. Along with the person, his spouse and minor children also lose their OCI status.

Cancellation of Registration as Overseas Citizen of India Cardholder

A person’s OCI Card will be cancelled in the following cases:

Fraud: If it is found that a person’s OCI status was acquired by means of fraud, false representation or by concealing something important about his/her eligibility.
Disaffection towards constitution: If OCI Cardholder has shown disaﬀection towards the Constitution of India.
Conspiracy with enemy nation: If OCI Card holder has conspired with an enemy country with which India is engaged in a war.
Imprisonment: If OCI Cardholder, within five years of obtaining the card, has been sentenced to jail for two years or more.
Decision of Government: If the Government of India feels that, it is important to cancel a person’s OCI card for the benefit of India, India’s security, India’s friendly relations with other countries or welfare of people.
Violation of law: If the OCI Cardholder violates any Indian law or any provisions of Citizenship Act 1955.
Dissolution of marriage: If the marriage of an OCI Cardholder has been dissolved by a court or any other legal way. Also, if the marriage has not been dissolved, but the person has married another person while still being married to the first person.

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OCI Card (Overseas citizen of India): Eligibility, Rights and Rules

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Evolution of OCI card