Overseas Citizens of India - OCI / PIO Card Legal Assistance for NRIs
Person of Indian Origin (PIO) Card
According to the Gazette of India (Part-I, Section-I) published on January 9, 2015, all existing holders of the Person of Indian Origin (PIO) card, registered under the PIO Card Scheme 2002, are now deemed to be Overseas Citizens of India (OCI) cardholders.
Additionally, as per the Gazette of India (Part-I, Section-I) published on September 30, 2014, a PIO card issued to an individual will remain valid for a lifetime, provided that the holder possesses a valid passport.
For comprehensive details on the merger of the PIO and OCI cards, you can refer to the official Government of India Gazette notification here: Ministry of Home Affairs, Govt. of India Official Notification.
Overseas Citizen of India (OCI) Card
The Overseas Citizen of India (OCI) card provides a lifetime visa status, but it does not grant Indian citizenship, nor does Indian law allow dual citizenship.
Who is Eligible for OCI?
The criteria for obtaining an OCI card have expanded since January 9, 2015. You may be eligible for an OCI if you fall under any of the following categories:
- You were previously an Indian citizen.
- You have at least one parent, grandparent, or great-grandparent who was an Indian citizen.
- You are married to an Indian citizen or an existing OCI cardholder and have been married for at least two continuous years.
However, the following individuals are ineligible for OCI status:
- Anyone who has ever held citizenship in Pakistan or Bangladesh.
- Individuals whose parents or grandparents were citizens of Afghanistan, Pakistan, Bangladesh, China, or Sri Lanka.
- Anyone who has served in the military of a foreign nation or worked in a foreign defense department.
Benefits of the OCI Card
The Government of India, through the Ministry of Home Affairs, has issued a Gazette Notification on March 4, 2021, outlining several key benefits for OCI cardholders. Some of the major advantages include:
1. Multiple Entry Lifelong Visa to India:
OCI cardholders are granted a multiple-entry, lifelong visa to visit India for any purpose. However, special permission or a Special Permit is required for the following activities:
- Research activities.
- Missionary, Tabligh, mountaineering, or journalistic work.
- Internships with foreign diplomatic missions or government organizations in India, or employment within foreign diplomatic missions.
- Visiting areas designated as protected, restricted, or prohibited by the Indian Government.
2. Exemption from Registration with the Foreigners Regional Registration Officer (FRRO):
OCI cardholders are exempt from registering with the FRRO or Foreigners Registration Officer (FRO) for any duration of stay in India. However, OCI cardholders residing in India are required to inform the FRRO or FRO of any changes in their permanent address or occupation.
3. Parity with Indian Nationals:
OCI cardholders enjoy parity with Indian nationals in several areas, including:
- Airfares: OCI cardholders are entitled to the same airfares as Indian citizens for domestic flights within India.
- Entry Fees: OCI cardholders are granted the same entry fees for visiting national parks, wildlife sanctuaries, historical sites, and museums in India.
4. Parity with Non-Resident Indians (NRIs):
OCI cardholders also have similar benefits to Non-Resident Indians (NRIs) in various fields, including:
- Adoption: OCI cardholders can adopt Indian children, provided they comply with the required procedures outlined by Indian authorities.
- Entrance Exams: OCI cardholders are eligible to appear for various All India entrance exams, including the National Eligibility cum Entrance Test (NEET), Joint Entrance Examination (JEE) Mains and Advanced, and other such exams. However, they are only eligible for seats reserved for NRIs or supernumerary seats.
- Property Rights: OCI cardholders can purchase or sell immovable property in India, with the exception of agricultural land, farmhouses, or plantation property.
- Professional Pursuits: OCI cardholders can practice certain professions in India, including but not limited to:
- Doctors, Dentists, Nurses, and Pharmacists
- Lawyers/Advocates
- Architects
- Chartered Accountants
5. Additional Rights and Privileges:
For any other economic, financial, or educational activities not covered by this notification, OCI cardholders have the same rights and privileges as foreign nationals. However, their rights are governed by the regulations of the Foreign Exchange Management Act (FEMA), 1999, as issued by the Reserve Bank of India (RBI).
Key Points to Understand About OCI:
- OCI Cardholders Are Foreign Nationals: OCI cardholders, including former PIO cardholders, hold foreign passports and are not considered Indian citizens.
- Non-Resident Indian (NRI) Status: The term "Non-Resident Indian" (NRI) is defined by the Foreign Exchange Management Act (FEMA) and the Income Tax Act of India, 1961.
For more detailed information on the rights and privileges of OCI cardholders, you can refer to the Government Gazette Notification on OCI.
If you have further questions or need advice or legal assistance, feel free to Contact Us or reach out by Email Us. Alternatively, you are welcome to book an Appointment or send us an online Legal Query.