PIO card query

Nick-H · Jun 7th, 2008, 21:06

KPnuts, I think it is not regarded as dual citizenship, although it is only available to countries that allow dual citizenship.

All a bit of a confusing hotchpotch, really, arising from the fact that India does not permit dual nationality.

encotel · Jun 7th, 2008, 21:39

Quote:

Originally Posted by matthewtoor

Ah, yet more misinformation... Thought the voting thing was a bit too odd to be true...

Not sure if I'd qualify for OCI - from what I understand, either my father or grandfather would have had to be resident in India post-1950, which they weren't... Or is this more misinformation from the Home Affairs Office...?

Unfortunately, it is a requirement that one of your parents was in India on Jan 26th, 1950 (Republic day), i.e. if you do not have their Indian passport or any other evidence of Indian citizenship.

encotel · Jun 7th, 2008, 21:43

Quote:

Originally Posted by kpnuts

Unless you have decided to stay in India for good I would not bother with OCI, I am a PIO and qualify for OCI but I would not apply for it because I am not sure if OCI is regarded as dual citizenship and if any one know more on this please let me know.
Since I am not sure and having read this i am happy with a PIO for now.

Well, for OCI, one can hold land in their name (non-agricultural). I am not sure PIO Card holder can. If you do hold land, which many people with links to India do, then legally it covers you better. Can someone confirm?

Dilliwala · Jun 7th, 2008, 22:28

I do believe the above is correct.

Nick-H · Jun 7th, 2008, 22:44

Quote:

Originally Posted by encotel

Unfortunately, it is a requirement that one of your parents was in India on Jan 26th, 1950 (Republic day), i.e. if you do not have their Indian passport or any other evidence of Indian citizenship.

No... This, from the MHA, is the qualification...

Quote:

A foreign national, who was eligible to become citizen of India on
26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or
belonged to a territory that became part of India after 15.08.1947 and his/her
children and grand children, provided his/her country of citizenship allows
dual citizenship in some form or other under the local laws, is eligible for
registration as an Overseas Citizen of India (OCI). Minor children of such
persons are also eligible for OCI. However, if the applicant had ever been a
citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

PIOs (or pios, it is not actually necessary to hold the card) can own land, but not farm land.

Dilliwala · Jun 8th, 2008, 02:44

Quote:

Originally Posted by Nick-H

PIOs (or pios, it is not actually necessary to hold the card) can own land, but not farm land.

Right about PIO holders being allowed to own non-agricultural land.
Wrong about PIOs being allowed to own.
(OK, they can - with RBI's and state govt's permission. In other words, no)

Here's MHA's comparative chart about who is allowed what - pretty good, first time I've understood fully what's what

http://mha.nic.in/pdfs/oci-chart.pdf

Final analysis: best of all is --- Indian citizenship.

Nick-H · Jun 8th, 2008, 02:51

eh? I've read that so many times. Parity with NRIs.

But I'll head off and check!

Nick-H · Jun 8th, 2008, 02:57

PIO

Quote:

(iv) Parity with NRIs in
respect of all facilities
available to the later in
the economic, financial
and educational fields
except in maters relating
to the acquisition of
agricultural/ plantation
properties. No parity
shall be allowed in the
sphere of political rights.

OCI

Quote:

(iii) Parity with Non
resident Indians (NRIs)
in respect of economic,
financial and educational
fields except in relation
to acquisition of
agricultural or plantation
properties. No parity
shall be allowed in the
sphere of political rights.

Almost completely the same. What bit did I miss or misunderstand?

Dilliwala · Jun 8th, 2008, 03:09

You mentioned card holders and non-holders in #20. They do not have the same rights. Look in column 2 (PIO), and then Q 7:
"No specific benefits"

You're quoting from column 3 (PIO Card Holder)

Nick-H · Jun 8th, 2008, 03:27

Ah... correct, misunderstanding. I was refering to a PIO CARD HOLDER, as the conversation was about OCI/PIO card.

I didn't read both lines of your post properly

Quote:

Right about PIO holders being allowed to own non-agricultural land.
Wrong about PIOs being allowed to own.

But... (isn't there always one?) I think that, under the FERA definition of pio (not card holder, but just the way one is lucky enough to be born

) mentioning father and grandfather, a pio can own property.

Aahhhh... My brain hurts! It's too late to do this for fun

Dilliwala · Jun 8th, 2008, 03:39

Quote:

Originally Posted by Nick-H

But... (isn't there always one?) I think that, under the FERA definition of pio (not card holder, but just the way one is lucky enough to be born

) mentioning father and grandfather, a pio can own property.

Aahhhh... My brain hurts! It's too late to do this for fun

I'm not sure about that, this is what my research last year dug up:
Land - is it possible to buy?

Oh, on reading the RBI link again - yes, 'ordinary' PIO is covered under no. 4.

Nick-H · Jun 8th, 2008, 15:24

I believe that quote from HCI London is mistaken. It is unfortunate that even a High Commission can't quote its own country's laws correctly. I think under the old act, FERA, one had to apply for permission. Under the later, FEMA, Act, one does not, except where any individual state has its own special restrictions. They sem to have mixed up the two.

And remember that, as well as all this, resident (according to the tax definition of 183 days in previous tax year) foreigners can buy.

I think I'm resigning my specialist status on this!

kpnuts · Jun 8th, 2008, 19:30

Quote:

Originally Posted by Nick-H

I believe that quote from HCI London is mistaken. It is unfortunate that even a High Commission can't quote its own country's laws correctly.

This is my point who know?, what if in future OCI is translated as Dual citizenship? either by non-Indian country or India.
The word citizen is in oCi, whereas PIO just confirms that you orginated from India.
As for your family members, what would happen if say the country that i am citizen of currently decides that OCI is dual citizenship and they may change their rules in deciding my future childrens' citizenship.
India is still developing and laws in India still need to catch up with developed world to the point where you cant park on yellow lines at 12am

seriously though the change/improvements will happen in future and no one know which way this will go, so for now I am happy with a PIO since there are none of these questions to worry about, except pay my (increased) charge when i have to renew it in 2021, and i have time to save if i live that long!

ksrao801 · Jun 23rd, 2008, 23:51

One thing in favour of OCI card for a person eligible to get that is the cost. OCI card costs USD 275 and PIO card costs USD 365 and needs renewal after 15 years.

Jun 7th, 2008, 21:06	#16
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,925	KPnuts, I think it is not regarded as dual citizenship, although it is only available to countries that allow dual citizenship. All a bit of a confusing hotchpotch, really, arising from the fact that India does not permit dual nationality. __________________ . Just one member of the IndiaMike Mod Team

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Jun 7th, 2008, 22:28	#19
Dilliwala Funky flunky Join Date: May 2007 Location: Dilli Posts: 3,606	I do believe the above is correct.

Jun 8th, 2008, 02:51	#22
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,925	eh? I've read that so many times. Parity with NRIs. But I'll head off and check!

Jun 8th, 2008, 03:09	#24
Dilliwala Funky flunky Join Date: May 2007 Location: Dilli Posts: 3,606	You mentioned card holders and non-holders in #20. They do not have the same rights. Look in column 2 (PIO), and then Q 7: "No specific benefits" You're quoting from column 3 (PIO Card Holder)

Jun 8th, 2008, 15:24	#27
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,925	I believe that quote from HCI London is mistaken. It is unfortunate that even a High Commission can't quote its own country's laws correctly. I think under the old act, FERA, one had to apply for permission. Under the later, FEMA, Act, one does not, except where any individual state has its own special restrictions. They sem to have mixed up the two. And remember that, as well as all this, resident (according to the tax definition of 183 days in previous tax year) foreigners can buy. I think I'm resigning my specialist status on this!

Jun 23rd, 2008, 23:51	#29
ksrao801 Member Join Date: Nov 2005 Location: Vancouver, WA Posts: 27	One thing in favour of OCI card for a person eligible to get that is the cost. OCI card costs USD 275 and PIO card costs USD 365 and needs renewal after 15 years.

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