Becoming an Overseas Citizen of India (OCI) is a route many Indian-born Canadian residents could look to pursue as a result of India doesn’t enable twin citizenship.

Upon coming to Canada, many immigrants need to finally acquire citizenship as a result of advantages it offers, together with with the ability to vote in federal elections and maintain a Canadian passport.

However, when an immigrant turns into a Canadian citizen, some overseas nationals can be required to forfeit their authentic citizenship due to the legal guidelines of their house nation.

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This is true of many international locations, together with India, the top source country of Canadian immigrants in 2022 (118,095 new everlasting residents). Appropriately, many Indian nationals who develop into Canadian residents could wish to discover acquiring OCI standing.

What is an OCI? What are the advantages of an OCI?

An OCI is someone who holds a overseas (non-Indian) passport and isn’t a citizen of India however applies for a card that gives them with a “multiple entry, multi-purpose, life-long visa for visiting India, exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India, and [the right] to general parity with Non-Resident Indians.”

Note: Parity because it pertains to being an OCI relies on the matter at hand. For instance, it’s understood {that a} registered OCI could have “parity with non-resident Indians [to practice certain] professions in India” however they won’t be given the identical mobility with respect “to the acquisition of agricultural land, [farm or plantation] properties.” Read extra here.

An OCI shouldn’t be…

It is essential to differentiate that an OCI, regardless of the identify, shouldn’t be entitled to the identical rights and freedoms as naturalized Indian residents. For instance, an OCI can not apply for and acquire an Indian passport, which is just given to Indian residents.

In addition, the next listing contains additional restrictions imposed on OCI cardholders. An OCI can not:

• Vote
• Be a member of the Legislative Assembly, Legislative Council or Parliament
• Hold positions resembling President, Vice President, Judge of Supreme Court or High Court
• Be appointed to public service positions until authorized and granted by the Central Government
• Acquire agricultural land or farmhouse or plantation properties in India

Who is eligible for an OCI card?

Canadian residents of Indian origin can apply to develop into an OCI if they:

• Were an Indian citizen when or after the Constitution of India took impact on January 26, 1950
• Were eligible to develop into a citizen of India on the day the Constitution of India took impact (see above)
• Are a citizen of one other nation however “belonged to a territory that became part of India” after August 15, 1947
• Are minor little one, little one, grandchild or a great-grandchild of somebody who meets the above standards*
• Are a minor little one with not less than one mother or father who’s an Indian citizen
• Are the partner (themselves of overseas origin) to an Indian citizen or an OCI cardholder registered underneath part 7A of India’s Citizenship Act, 1955**

*This criterion entails sure restrictions, which can be defined under

**To be eligible, the wedding of a partner and their Indian citizen/OCI cardholder companion will need to have been registered and lasted for not less than two years previous to the CI software submission

You are usually not eligible for an OCI card… 

In accordance with the eligibility standards above, “no person … who [has at least one parent, grandparent or great grandparent that is or has ever] been a citizen of Pakistan, Bangladesh or [any] other country [identified by] the Government of India” is eligible for an OCI.

More particulars about making use of to develop into an OCI

The following outlines extra key details about OCI functions:

• An inventory of supporting paperwork required alongside an OCI software may be discovered here
• All OCI functions embody a fee that depends on the service type and the place the appliance is submitted from — $275 USD (or the equal) if submitted overseas and Rs. 15,000 if submitted in India*
• Persons discovered to have obtained an OCI card fraudulently (false illustration, concealment of knowledge and so on.) could have their OCI cancelled and be banned from future entry to India

*Fees can be partially refunded (minus processing prices) if an OCI software is refused

To be taught extra about changing into an OCI, click here to learn a Frequently Asked Questions ready by India’s Ministry of Home Affairs.

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