The Indian government has recently issued a comprehensive list of rights for Overseas Citizens of India (OCI). These rights and restrictions have been previously notified in 2005, 2007, and 2009, and were also encompassed in an OCI brochure released by the Ministry of Home Affairs in November 2019.
Multiple Entry Lifelong Visa for OCI Cardholders
The newly consolidated list of rights indicates that OCI cardholders are entitled to multiple entry lifelong visas for visiting India for any purpose.
Prior Permission Needed for Certain Activities
There is, however, a need for prior permission for certain activities. These activities include research, journalism, mountaineering, missionary or Tablighi work, and visits to restricted areas.
Parity with Non-Resident Indians (NRIs)
OCI cardholders now enjoy parity with NRIs on several fronts; the adoption of children, participating in competitive exams, purchase or sale of immovable property barring agricultural land and farmhouses, and pursuing professions like doctors, lawyers, architects, and chartered accountants.
Equal Treatment with Indian Nationals
In terms of domestic air fares, entry fees to monuments and public places, OCI cardholders are accorded the same treatment as Indian nationals.
Entrance Exams and Admissions
OCI cardholders can now appear for all-India entrance tests such as NEET, JEE (Mains), JEE (Advanced) or other such tests to qualify them for admissions against any NRI seat or any supernumerary seat available. However, they are not eligible for seats reserved exclusively for Indian citizens.
Economic, Financial, and Educational Fields
Unless otherwise specified, OCI cardholders have the same rights and privileges as foreigners in all other economic, financial and educational fields.
Exemption from Registration
OCI cardholders are excused from registration with the Foreigners’ Regional Registration Officer (FRRO) for any length of stay in India.
Restrictions on Religious Activities
While there is no restriction on visiting religious places and attending religious activities such as discourses, preaching religious ideologies, making speeches in religious places, distribution of audio or visual display/pamphlets pertaining to religious ideologies, and spreading conversion etc. will not be permitted.
Definition of an Overseas Citizen of India
The Ministry of Home Affairs defines an OCI as a person who was a citizen of India, was eligible to become a citizen of India on 26th January 1950, or is a child or grandchild of such a person, among other eligibility criteria. Exclusions include those with parents or grandparents hailing from Pakistan or Bangladesh.
NRI and OCI: Merged Categories
In 2015, the Government of India merged the Person of Indian Origin (PIO) category with the OCI category via the Citizenship (Amendment) Act, 2015.
Non-Resident Indians (NRIs)
An NRI is an Indian citizen residing outside India for at least 183 days in a financial year. NRIs enjoy voting rights and are obligated to pay and file income tax returns on their Indian income.
Prohibition on Dual Citizenship
As per the Indian constitution, if an NRI wishes to take up foreign citizenship, he/she must renounce Indian citizenship since dual citizenship is not permitted.
Definition of a Foreigner
According to the Foreigners Act, 1946, a foreigner refers to a person who is not an Indian citizen. Despite this classification, certain fundamental rights apply to both citizens and non-citizens. However, specific fundamental rights are reserved solely for Indian citizens.
