Would you go for dual citizenship? Why?

pontesnm · Nov 24th, 2007, 02:48

I decided to go to the source in this case, the Indian Embassy Website in the US. See
http://www.indianembassy.org/New_Template/oci.asp

Highlights of the Scheme
The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously.

(My comment: Thus Indian citizens who acquire the citizenship of another country are effectively - though perhaps unknowingly giving up their Indian citizenship).

Benefits (verbatim copy and paste of selected portions).

(i) Multiple entry, multi-purpose life long visa to visit India;

(ii) Exemption from reporting to Police authorities for any length of stay in India; and

(iii) Parity with NRIs in financial, economic and educational fields, except in the
acquisition of agricultural or plantation properties.

3. Any further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under section 7B(1) of the Citizenship Act, 1955.

4. A person registered as OCI is eligible to apply for grant of Indian citizenship under section 5(1)(g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has been residing in India for one year out of the five years before making the application.

(My comment: Thus visiting India for about 2.5 moths per year for 5 years would make an OCI eligible for Indian citizenship)

Nick-H · Nov 24th, 2007, 13:32

It* says "providing he or she stays in India for one year before making application".

The inference to me is being resident in India for a continuus year, not visiting for periods that aggregate to one one year.

edit... "it" means MHA website!

anar · Nov 24th, 2007, 16:38

i've been looking for a link to the oci site and haven't been able to find it anywhere. anyone?

pontesnm · Nov 24th, 2007, 19:43

Nick;

I think your interpretation is correct; I thought so at first read but then changed my mind as there was no requirement that the residency needs to be continuous. The continuous residency is more consistent, I believe with other regs (such as definition of non-resident Indian citizen).

capt_mahajan · Nov 24th, 2007, 19:48

Quote:

The continuous residency is more consistent, I believe with other regs (such as definition of non-resident Indian citizen).

Yep.

There were a few posts in the Goa property thread where we thrashed this out.. the merging of FERA, now FEMA/NRI/Income Tax/Visa rules and the 182 day thing.

Nick-H · Nov 24th, 2007, 22:09

This is the link for information on OCI, PIO and stuff for foreigners, on the Ministry of Home Affairs site, which I regard as "the horse's mouth" on this.

There are two considerations:

--- that visa law and policy does vary from country to country, and it is important to check your own country's embassy/mission/whatever site for any differences that might apply to you.

--- the MHA site should be authoritative, whereas local embassy sites may have been put up by people interpreting the rules.

Local sites can give useful and appropriate information, that you won't find on the Ministry site, though. I think it is the London site that spells it out that there is no such thing as permanent residency, or green-card equivalent, for non-Indians in India.

edwardseco · Nov 27th, 2007, 03:26

Quote:

That was mainly for edwardseco at #35.

Watched it being done from 4 feet away so..

Dilliwala · Nov 27th, 2007, 03:53

Quote:

Originally Posted by Nick-H

In India, effectively they do, because if they choose to stonewall you, you cannot get any further.

In India, the law is what the Bureaucrat you are talking to at the time says it is.

---saying of Nick-H!

And in 75% of the world's nations, it might surprise u to know.

the opoponax · Nov 27th, 2007, 03:58

I was just speaking not 20 minutes ago to a friend of mine about the ongoing saga of his application for Dutch citizenship, his wife's application for US citizenship, and their application on behalf of their infant daughter for dual US/Dutch citizenship (though I guess her having been born in the US it's mainly the Dutch part they have to deal with). All of this is costing them thousands of $$$$. They have consulted an immigration lawyer multiple times to help sort out all the red tape. It's unlikely they would have gone this far if the US did not allow dual citizenships.

edwardseco · Nov 27th, 2007, 05:15

I want to thank everybody for this discussion since my spouse is in this situation. For the first time she asked to go to an India forum as opposed to don't waste time with those strangers..

pontesnm · Nov 27th, 2007, 09:44

Edwardseco:

You can PM for more details. I just applied for an OCI for myself and my two kids and mailed the family application form on Oct 6, 2007. The family application form can be used for husband, wife, and two kids. I have copied the following from the tracking website

Date Of Acknowledgment 18-OCT-2007
Application Status
Registration Status Granted On 30-OCT-2007
Photo/Signature Scanned On 25-OCT-2007
Documents Printing Status
PRINTED
Documents Printed On 02-NOV-2007
Documents Dispatched to Concerned Mission/Office on
06-NOV-2007
Documents Received at NEW YORK CGI On
14-NOV-2007.

I mailed our US passports and my Indian passport on Nov 17 and got the lifelong visa in the US passports and the OCI cards and my cancelled Indian passport on Nov 22 (yes Thanksgiving Day). Note that Nov 17 was a Saturday. They received my passports on Monday and probably mailed them back on Wednesday am or Tuesday late pm.

anar · Mar 13th, 2008, 14:26

i now have everything ready for my oci application - old indian passport (located finally after a lot of rummaging - and sneezing fits - through dusty old boxes), etc.

but - am so scared of doing it! i know they will ask me to go to delhi when it's least convenient (probably when i'm in the middle of my vipassana!), ask me all sorts of questions, put me through a bureaucratic-hell-mill, send me from pillar to post, make me wait, ask me to come back...has anyone been through this in india? am i imagining it - or is it really such a dire procedure?

i will do it though because the visit to the police superintendent every five years to renew my visa is so awful. this way, i only have to go through it once (hopefully)!

Dilliwala · Mar 13th, 2008, 15:17

Hmm, if you are in Bangalore, the FRRO is supposed to handle it. The won't tell u to GO to Delhi, only if there are some complications wud u need to get in touch with MHA. Your old pp is a magic key, generally the people who've had probs are those who can't prove their ancestry.

So it may take 6 months even (as a rule, 40 days!) - what do u care if it's delivered to u later?

I'm sure u're 'legal' for the next half-year to live and travel here, so sit back, relax, chill out (u're going to do that anyway come May) and let things run their course. U'll get it in the end.

Nov 24th, 2007, 13:32	#47
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,600	It* says "providing he or she stays in India for one year before making application". The inference to me is being resident in India for a continuus year, not visiting for periods that aggregate to one one year. edit... "it" means MHA website! __________________ . Just one member of the IndiaMike Mod Team

Mar 13th, 2008, 14:26	#57
anar Senior Member Join Date: Aug 2005 Location: India Posts: 372	i now have everything ready for my oci application - old indian passport (located finally after a lot of rummaging - and sneezing fits - through dusty old boxes), etc. but - am so scared of doing it! i know they will ask me to go to delhi when it's least convenient (probably when i'm in the middle of my vipassana!), ask me all sorts of questions, put me through a bureaucratic-hell-mill, send me from pillar to post, make me wait, ask me to come back...has anyone been through this in india? am i imagining it - or is it really such a dire procedure? i will do it though because the visit to the police superintendent every five years to renew my visa is so awful. this way, i only have to go through it once (hopefully)! Last edited by anar : Mar 13th, 2008 at 14:27. Reason: sp error

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Green Signal to Dual Citizenship	Paagla Dashu	India Travel News and Commentary	8	Jun 21st, 2005 06:02
Dual citizenship for NRIs put on hold	shere	India Travel News and Commentary	3	May 17th, 2005 12:16
Overseas Indian Citizenship (not strictly dual nationality)	shere	Indian Visa and Passport Questions	1	Dec 31st, 2004 19:26
Citizenship of India	Railway	Chai and Chat	6	Jul 12th, 2004 22:53

Nov 24th, 2007, 02:48	#46
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 218	I decided to go to the source in this case, the Indian Embassy Website in the US. See http://www.indianembassy.org/New_Template/oci.asp Highlights of the Scheme The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. (My comment: Thus Indian citizens who acquire the citizenship of another country are effectively - though perhaps unknowingly giving up their Indian citizenship). Benefits (verbatim copy and paste of selected portions). (i) Multiple entry, multi-purpose life long visa to visit India; (ii) Exemption from reporting to Police authorities for any length of stay in India; and (iii) Parity with NRIs in financial, economic and educational fields, except in the acquisition of agricultural or plantation properties. 3. Any further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under section 7B(1) of the Citizenship Act, 1955. 4. A person registered as OCI is eligible to apply for grant of Indian citizenship under section 5(1)(g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has been residing in India for one year out of the five years before making the application. (My comment: Thus visiting India for about 2.5 moths per year for 5 years would make an OCI eligible for Indian citizenship)

Nov 24th, 2007, 16:38	#48
anar Senior Member Join Date: Aug 2005 Location: India Posts: 372	i've been looking for a link to the oci site and haven't been able to find it anywhere. anyone?

Nov 24th, 2007, 19:43	#49
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 218	Nick; I think your interpretation is correct; I thought so at first read but then changed my mind as there was no requirement that the residency needs to be continuous. The continuous residency is more consistent, I believe with other regs (such as definition of non-resident Indian citizen).

Nov 24th, 2007, 22:09	#51
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,600	This is the link for information on OCI, PIO and stuff for foreigners, on the Ministry of Home Affairs site, which I regard as "the horse's mouth" on this. There are two considerations: --- that visa law and policy does vary from country to country, and it is important to check your own country's embassy/mission/whatever site for any differences that might apply to you. --- the MHA site should be authoritative, whereas local embassy sites may have been put up by people interpreting the rules. Local sites can give useful and appropriate information, that you won't find on the Ministry site, though. I think it is the London site that spells it out that there is no such thing as permanent residency, or green-card equivalent, for non-Indians in India.

Nov 27th, 2007, 03:58	#54
the opoponax Maha Guru Member Join Date: Mar 2007 Location: Brooklyn, via New Orleans Posts: 1,054	I was just speaking not 20 minutes ago to a friend of mine about the ongoing saga of his application for Dutch citizenship, his wife's application for US citizenship, and their application on behalf of their infant daughter for dual US/Dutch citizenship (though I guess her having been born in the US it's mainly the Dutch part they have to deal with). All of this is costing them thousands of $$$$. They have consulted an immigration lawyer multiple times to help sort out all the red tape. It's unlikely they would have gone this far if the US did not allow dual citizenships.

Nov 27th, 2007, 05:15	#55
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 3,582	I want to thank everybody for this discussion since my spouse is in this situation. For the first time she asked to go to an India forum as opposed to don't waste time with those strangers..

Nov 27th, 2007, 09:44	#56
pontesnm Senior Member Join Date: Jan 2007 Location: Bardez/Mumbai/New Jersey (USA) Posts: 218	Edwardseco: You can PM for more details. I just applied for an OCI for myself and my two kids and mailed the family application form on Oct 6, 2007. The family application form can be used for husband, wife, and two kids. I have copied the following from the tracking website Date Of Acknowledgment 18-OCT-2007 Application Status Registration Status Granted On 30-OCT-2007 Photo/Signature Scanned On 25-OCT-2007 Documents Printing Status PRINTED Documents Printed On 02-NOV-2007 Documents Dispatched to Concerned Mission/Office on 06-NOV-2007 Documents Received at NEW YORK CGI On 14-NOV-2007. I mailed our US passports and my Indian passport on Nov 17 and got the lifelong visa in the US passports and the OCI cards and my cancelled Indian passport on Nov 22 (yes Thanksgiving Day). Note that Nov 17 was a Saturday. They received my passports on Monday and probably mailed them back on Wednesday am or Tuesday late pm.

Mar 13th, 2008, 15:17	#58
Dilliwala Member Join Date: May 2007 Location: Dilli Posts: 2,889	Hmm, if you are in Bangalore, the FRRO is supposed to handle it. The won't tell u to GO to Delhi, only if there are some complications wud u need to get in touch with MHA. Your old pp is a magic key, generally the people who've had probs are those who can't prove their ancestry. So it may take 6 months even (as a rule, 40 days!) - what do u care if it's delivered to u later? I'm sure u're 'legal' for the next half-year to live and travel here, so sit back, relax, chill out (u're going to do that anyway come May) and let things run their course. U'll get it in the end.

User Name		Remember Me?
Password