Change Happens: Establish Your Rights While You Can
Citizenship and immigration laws and the associated rights may evolve multiple times during your life. These changes can have life changing, unanticipated consequences on your personal and/or professional goals if ignored or necessary actions postponed. When it comes to citizenship and identity documents, it is imperative to pursue them until you have them in your hand.
I understand it can be just another boring, time consuming, administrative, and bureaucratic task. But you can either mildly suffer through it now, or possibly pay for it later. And the people who may be most greatly impacted may not be you, but your children, grandchildren, or even great grandchildren when they try to establish their citizenship and/or other legal rights as your descendants and lack the necessary family identity and citizenship documents to prove their ancestry and citizenship.
India
There are currently three citizenship related activities to which any Indian citizen (past, present, or future) or descendant should pay close attention. For all three citizenship situations the actions needed are the same: Locate or obtain your documents, check your documents, and check the documents of your entire family including your parents (and grandparents), your siblings, your spouse, and your children.
India has been busy revising and amending citizenship and immigration laws for a couple of decades.
1. In 2020, India is conducting a National Citizenship Registration effort.
2. In 2019, the Citizenship Amendment Act (CAA) provided for citizenship by naturalization for immigrants from Afghanistan, Bangladesh, and Pakistan.
3. In 2005, India created the Overseas Citizen of India immigration status.
Terms and Definitions
Citizen of India: Indian citizenship is derived from having at least one parent who was an Indian citizen at the time of his/her birth. Simply being born in India does not establish Indian citizenship.
Dual Citizenship: India does not permit dual citizenship. A person with Indian citizenship is not permitted to hold a second citizenship.
Non-Resident Indian: Indian citizen residing outside of India.
Overseas Citizen of India – A Person of Indian Origin who holds citizenship of another country and is permitted to register as an Overseas Citizen of India.
Person of Indian Origin:
· A Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any time held an Indian passport, Or
· Who or either of their parents/grandparents/great grandparents was born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries ( as referred above); Or
· Who is a spouse of a citizen of India or a PIO
Note: PIO status merged with OCI in 2002. PIO cards will not be honored after 30 September 2020. Effective 1 October 2020, the OCI card will be required in its place.
1. National Citizenship Registration
India is currently undertaking a country-wide effort to register all Indian citizens. India determines citizenship based on family descent from Indian citizens, not place of birth. An Indian citizen lacking the documents required to prove their citizenship by descent from Indian parents, grandparent, or great-grandparents could be classified as a foreign national and an illegal immigrant. Penalties for being an illegal immigrant could include deportation or jail. Consequences of being deemed a foreign national could result in the loss of legal rights restricted to citizens, for example, ownership of agricultural land.
Indian citizens lacking the necessary official identity documents to prove their citizenship should take immediate action to obtain the necessary documents and to ensure all family members have their documents as well. This is particularly important for Indian citizens who are not Hindu. (See below.)
2. Citizenship Amendment Act (CAA)
The 2019 Citizenship Amendment Act provides for citizenship by naturalization for immigrants from Afghanistan, Bangladesh, and Pakistan, but only for non-Muslims, i.e.Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. This is an unusual immigration requirement where religion is a criteria for citizenship, but only for immigrants from these three countries. India does not have religious criteria for immigrants from other countries.
As mentioned above, citizenship and immigration laws do change over time, sometimes unpredictably. Special requirements targeting foreign nationals from a specific country and a specific religion are uncommon, but obviously not impossible. Promptly document your citizenship for your own protection.
3. Overseas Citizen of India (OCI)
India has taken an interesting approach to dealing with the demand for dual citizenship from the Indian Diaspora. India developed an immigration status between citizen and foreign national, that of Overseas Citizen of India.
You may want to register as an Overseas Citizen of India if:
· You are of Indian origin but not an Indian citizen; and
· You, your parents, your grandparents, or your spouse were or are eligible to be Indian citizens;
Important Points about Overseas Citizen of India Status:
· This provides some of the privileges of Indian citizenship
· This is not the same as full Indian citizenship
· This pertains to People of Indian Origin holding citizenship of another country
· This is not the same as having dual citizenship
An OCI card holder gets the following benefits:
· A multiple entry, multi-purpose life-long visa for visiting India
· Exemption from registration with local police authority for any length of stay in India
· Parity with Non-resident Indians (NRIs) in respect of economic, financial and educational fields, except in relation to acquisition of agricultural or plantation properties
· OCI can be used as identity proof for application of PAN Card and driving license as well as for opening a bank account if the OCI card holder is residing in India
The OCI Card holder is not entitled:
· To vote
· To be a member of a Legislative Assembly or of a Legislative Council or of the Parliament of India
· To hold Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court etc.
· He/she cannot normally hold employment in the Government
An OCI-eligible foreign national is a person:
(i) Who was a citizen of India at the time of, or at any time after 26th January, 1950; or
(ii) Who was eligible to become a citizen of India on 26th January, 1950; or
(iii) Who belonged to a territory that became part of India after 15th August, 1947; or
(iv) Who is a child or a grandchild or a great grandchild of such a citizen; or
(v) Who is a minor child of such persons mentioned above; or
(vi) Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India – is eligible for registration as OCI cardholder.
Besides, spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder.
However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder.
The Government of India provides an online OCI registration and application process. Upon registration, an Overseas Citizen of India card is issued. This useful chart shows the different statuses, eligibility requirements, restrictions, and application processes for Non-Resident Indians (NRI), Persons of Indian Origin (POI), and Overseas Citizens of India (OCI).
Documents
Documents that you may need include:
• Your current foreign passport, surrendered Indian passport, foreign certificate of citizenship or naturalization, birth certificate, parents’ marriage certificate, education document, document of inherited land, Domicile Certificate, Nativity Certificate;
• Your parents’/grandparents’/great grandparents’ Indian passports, PIO/OCI cards, Domicile Certificates, Nativity Certificates;
• Your spouse’s Indian passport or OCI card, marriage certificate, Domicile Certificate, Nativity Certificate.
A complete list of required documents by situation is available here. It also lists the technical specifications for photographs, requirements for biometric capture, and fees.
Renunciation of OCI status for an individual also causes the loss of Overseas Citizen of India status for any minor children who derived their status from a parent.
Cancellation of OCI status is possible for criminal offenses or national security reasons, among others.