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Old Aug 10th, 2007, 12:46   #1
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Permanent Residency

Hi, I've been looking for a thread / website that will give me information on getting a permanent residency in India. I keep hearing rumors, but cannot find anything official or authoritative. Been living in India on visas for about five years, and want to make it permanent - not for getting a job, just to stay here without getting nervous every time I need an extension or want to move around. Any suggestions? Any website addresses? Thanks.
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Old Aug 10th, 2007, 12:50   #2
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If you are not of Indian origin then it is not possible for you to be permanently resident in India. Of course you could get married to an Indian citizen which would enable you to stay indefinitely.
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Old Aug 11th, 2007, 22:52   #3
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From the London HCI site:
Quote:
... ... the current Indian visa regime does not have any provision like ‘right to abode’ or ‘right to settle permanently’ in India without acquiring Indian Citizenship. ... ...
How to acquire citizenship? see here.

In my more insecure moments in life I reflect that even though my life is entirely based here now, around my marriage to an Indian Citizen, I remain here, as many immigrants all over the world do, at the discretion of my host government .

But, in practice, being married to an Indian Citizen is probably about the most secure situation a foreign citizen can be in, as regards immigration/visa laws.
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Old Aug 12th, 2007, 00:47   #4
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does britain allow dual citizenship? does anyone know?
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Old Aug 12th, 2007, 00:50   #5
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Yes: Britain does.

India doesn't.

cf India's OCI scheme: not dual citizenship but....
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Old Aug 12th, 2007, 01:27   #6
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Quote:
Originally Posted by Nick-H View Post
Yes: Britain does.India doesn't.
cf India's OCI scheme: not dual citizenship but....



OCI holders are not allowed to vote
(in the national election, I think....I am not sure about Municipal election or State elections)

OCI holders are not allowed employment in civilian Govt posts, or in army, navy etc

And OCI holders are not allowed to buy agriculure land (altho this may change soon....as more and more "agriculture" land is being released for "development")

OCI holder can become Citizen after 5 years provided the person has stayed at least 1 year within those five years in India -

Does not have to be continuous 12 months stay - could be 3 months every year for 4 yrs and then apply for Citizenship the fifth year)....
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Old Aug 12th, 2007, 02:03   #7
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Quote:
Originally Posted by Nick-H View Post
Yes: Britain does.

India doesn't.

cf India's OCI scheme: not dual citizenship but....
Ermm....India now allows Dual with Britain!

The HCI advised my colleague that she may keep her Indian Citizenhsip if she applies for the British Passport.
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Old Aug 12th, 2007, 02:25   #8
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I really think they made a mistake!

Or she did.

maybe they are talking about OCI?
Quote:
The Constitution of India does not allow holding Indian citizenship and
citizenship of a foreign country simultaneously.
Based on the
recommendation of the High Level committee on Indian Diaspora, the
Government of India decided to grant Overseas Citizenship of India (OCI)
commonly known as ‘dual citizenship’. Persons of Indian Origin (PIOs) of
certain category as has been specified in the Brochure who migrated from
India and acquired citizenship of a foreign country other than Pakistan and
Bangladesh, are eligible for grant of OCI as long as their home countries
allow dual citizenship in some form or the other under their local laws.
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Old Aug 12th, 2007, 02:39   #9
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OCI came into being in 2006, so the first batch
of true Dual Citizens should be "approved" in 2011.

Until then its "dual citizens" with OCIs having specific "restrictions"
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Old Aug 12th, 2007, 02:41   #10
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Quote:
Originally Posted by Nick-H View Post
I really think they made a mistake!

Or she did.

maybe they are talking about OCI?
Well I know a while ago it was passed in India...then all it needs is to be made law. Which it may have done! Maybe they have got it wrong but she would not have.

It is either almost law or is law! Fact though is it has change or is changing.

Well India is a funny place for the different answers from different officials!
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Old Aug 12th, 2007, 02:59   #11
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Quote:
Originally Posted by richie4india View Post
Ermm....India now allows Dual with Britain! The HCI advised my colleague that she may keep her Indian Citizenhsip if she applies for the British Passport.


Never considered the reverse situation...Nick-H ??

An Indian Citizen emigrates, acquires British-EU Citizenship....and does not relinquish Indian Citizenship

Now this individual truely holds dual citizenships, not OCI !! (In India such a person is called an NRI - Non Resident Indian, I think)

Now, I understand the strong objections that the Indian diaspora in USA had agaist the dual citizenship "rules" that resulted in OCI for those already abroad who had 'lost" or "given up" their Indian citizenships to obtain US passports - these individuals could only regain OCIs not full citizenships until 5 years hence as long as they spend about 3 months a year in India !!

Whereas Indians who now go abroad will have two full citizenships if they wish (no OCIs for them).
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Old Aug 12th, 2007, 03:00   #12
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That is very typical, which is why you have to go to the source to check out the law.

There is a history of India wanting to make its ex-citizens feel like they still belonged. Its constitution does not allow holding of full citizenship of another country.

First they came up with PIO, which has been around a few years now. Then, more recently, OCI (Overseas 'Citizenship' of India).

You can check it all out here
India does not allow to have a full citizenship of two countries, as in having two passports, voting rights in two countries, full privalidges and responsibilities of citizenship in two countries (assuming that one of those countries is India ).

I'd go so far as to stick my neck out and say you are wrong about this; it has not changed (since OCI introduction), and it is not possible, according to Indian (it is according to British) to hold Indian and British passports.

Quote:
OCI came into being in 2006, so the first batch
of true Dual Citizens should be "approved" in 2011.

Until then its "dual citizens" with OCIs having specific "restrictions"
Eater, what is it you are talking about here for 2011? OCIs do have restrictions,but I'm not aware of anything about to change in 2011?

The fact that they refer to OCI as 'dual citizenship' in many of their own doccuments really adds to the confusion. You can find 'Dual citizenship is not allowed' and 'how to apply for dual citizenship' ---really close.
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Old Aug 12th, 2007, 03:03   #13
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Quote:
Originally Posted by eater View Post

Never considered the reverse situation...Nick-H ??

An Indian Citizen emigrates, acquires British-EU Citizenship....and does not relinquish Indian Citizenship

Now this individual truely holds dual citizenships, not OCI !! ... ... ...
No, he doesn't.

Certainly I have considered this! And what is happening is that that person is breaking the law of India, which requires him to surrender Indian citizenship on taking that of another country.

How and if they ensure that people do that is another matter!
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Old Aug 12th, 2007, 03:12   #14
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Quote:
Originally Posted by eater View Post

Never considered the reverse situation...Nick-H ??

An Indian Citizen emigrates, acquires British-EU Citizenship....and does not relinquish Indian Citizenship

Now this individual truely holds dual citizenships, not OCI !! (In India such a person is called an NRI - Non Resident Indian, I think)
NRI is a person who is resident outside India but is a citizen only of India and no other country. The moment this individual acquires citizenship of another country he ceases to be a NRI. He then becomes a person of Indian origin irrespective of whether he gets a PIO card or not.
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Old Aug 12th, 2007, 03:17   #15
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Quote:
Originally Posted by Nick-H View Post

that person is breaking the law of India, which requires him to surrender Indian citizenship on taking that of another country.

How and if they ensure that people do that is another matter!
Very simple. Anyone entering or leaving India has to have his passport scrutinized and stamped. If an individual is using passports of two different countries can be easily caught by checking the visas and stamps on the passports.

In Canada it your passport is checked by the authorities only when you are entering Canada not when you exit. A lot of people misuse this loophole.
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