OCI transfer while in India

Nick-H · Oct 15th, 2009, 18:07

It is not necessary to have been born in India to qualify for OCI, but the requirements are narrower than for PIO. For instance, a foreign spouse of a person entitled to OCI does not qualify, unless they would have qualified in their own right anyway.

You need to check the "letter of the law", either on the MHA site (maybe it's gone to its native place for Divalli

) or one of the consular sites, but my rule of thumb would be that an OCI must have been, or have been entitled to be, an Indian Citizen.

nycank · Oct 15th, 2009, 18:26

Quote:

Originally Posted by danield

... can the spouse obtain OCI status if she/he was not born in India. Husband/wife has a PIO status.

The spouse has to individually qualify for an OCI status. Marital status does not *cut* the mustard. That is why a PIO is there.

The FAQ in the MHA website, Question no: 31 answers it in one simple word - NO

Quote:

31. Can OCI be granted to foreign nationals who are not eligible for
OCI, but married to persons who are eligible for OCI?

No.

namaste_cat · Oct 18th, 2009, 22:55

Quote:

Originally Posted by danield

In a family application for OCI can the spouse obtain OCI status if she/he was not born in India.

Cannot obtain OCI via spouse; only (semi)permanent option via marriage route is PIO.

Interestingly, where one is born is not an issue; my 2 kids were born in the U.S. and will get changing from PIO to OCI when they turn 18.

So OCI is possible but only if one can prove Indian lineage/citizenship via parents/grandparents.

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Oct 15th, 2009, 18:07	#16
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,235	It is not necessary to have been born in India to qualify for OCI, but the requirements are narrower than for PIO. For instance, a foreign spouse of a person entitled to OCI does not qualify, unless they would have qualified in their own right anyway. You need to check the "letter of the law", either on the MHA site (maybe it's gone to its native place for Divalli ) or one of the consular sites, but my rule of thumb would be that an OCI must have been, or have been entitled to be, an Indian Citizen.