Old Passports not needed for OCI card holders – Burning Issues – Free PDF

• People of Indian origin and the Indian diaspora having Overseas Citizens of India (OCI) cards are now not required to carry their old, expired passports for travel to India, as required earlier, according to a government notification that has been welcomed by members of the community.

Who are OCI cardholders?

• Government of India launched the ‘Overseas Citizenship of India (OCI) Scheme’ by making amendments to Citizenship Act, 1955 in 2005.
• On 09 January 2015, the Government of India discontinued the PIO card and merged it with OCI card.

Eligibility

• He/She is a citizen of another country having an Indian origin. He/She was a citizen of India on or before the commencement of the constitution; or
• He/She is a citizen of another country, but was eligible for the citizenship of India at the time of the commencement of the constitution; or
• He/She is a citizen of another country and belonging to a territory that became a part of India after the 15th August 1947; or

• He/She is a child/grandchild/great grandchild of such a citizen; or
• He/She is a minor child, whose parents are both Indian citizens or one parent is a citizen of India and
• is a spouse of foreign origin of an Indian citizen or of an OCI cardholder
• Any person having citizenship of Bangladesh or Pakistan is not eligible to apply for the OCI card. Even a person having a background of serving any foreign military are also not eligible for the scheme.

Exceptions:

• Anyone who is applying for OCI card should hold a valid Passport of another country.
• Individuals who do not have citizenship of any other country are not eligible to gain an OCI status.
• Individuals whose parents or grandparents hold citizenship of Pakistan and Bangladesh are not eligible to apply.

Restrictions 

• Do not have right to vote.
• Do not have right to any public service/government jobs
• Cannot hold offices of – Prime Minister, President, Vice -President, Judge of Supreme Court and High Court, member of Parliament or Member of state legislative assembly or council.
• Cannot own agricultural property.

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 were born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter or
• Who is a spouse of a citizen of India or a PIO.
• PIO category was merged with OCI category in 2015.

NRI

• An Indian citizen who is ordinarily residing outside India and holds an Indian Passport.
• A person is considered NRI if She is not in India for 182 days or more during the financial year Or;
• If he/she is in India for less than 365 days during the 4 years preceding that year and less than 60 days in that year.
• The Overseas Citizens of India or OCI card is issued to people of Indian origin globally which gives them almost all the privileges of an Indian national except for the right to vote, government service and buying agricultural land. The OCI card gives them a visa free travel to India.

March 26 press release

• Indian missions in the US said that in order to ease the travel of OCI card holders, it has been decided that the “time line for re-issuance of OCI cards in r/o OCI card holders, who may be required to get their OCI card reissued has been extended until 31 December, 2021.
• requirement of carrying old and new passports along with the OCI card has been done away.
• The OCI card holders travelling on the strength of their existing OCI card bearing old passport number are not required to carry their old passport. However, carrying a new passport is mandatory.
• First-hand the inconvenience caused to members of the Indian diaspora due to certain OCI card rules as they undertook travel to India during the pandemic.
• Some of the passengers were not allowed to board flights to India and were sent back from airports as they were not carrying their old foreign passports, which was required as per government rules.
• The OCI card, among other benefits, allows multiple entry, multi-purpose life long visa to an Indian-origin foreign national to visit India.
•  Under the provisions of the OCI card, which gives the cardholder lifelong visa to India, those below 20 years and above 50 years need to renew their OCI card every time they have their passport renewed.

OCI Notification 2021 

Multiple entry lifelong visa

• While the OCI cardholders are permitted lifelong multiple entries in India for any purpose, they will now have to procure a special permission (or a special permit) to undertake the below activities:
• research activities;
• missionary / Tabligh / mountaineering / journalist activities;
• internships or employment with any India based, foreign diplomatic missions or foreign government organisations; and
• visits to any areas or places notified by the Central Government (or by any relevant authority) as protected / restricted / prohibited space.
• The special permission / permit will be granted by a specified competent authority, or the Foreigners Regional Registration Office (FRRO) or the concerned Indian Mission.

No more registrations for period of stay in India

• While the OCI cardholders need not register with FRRO anymore for any length of their stay in India, they do need to intimate FRRO by email about any change in their permanent residential address or occupation.

At-par with Indian nationals: 

• Indian domestic sectors air fares; and
• Applicable entry fees to visit Indian museums, national parks, national monuments, wildlife sanctuaries and historical sites.

At-par with Non-Resident Indians (NRIs)

• Inter-country adoption of India born children (subject to adherence and compliance with adoption procedure laid down under applicable laws and regulations);
• appearing for the all-India entrance examinations, such as, JEE (Joint Entrance Examination) Advanced and Mains, NEET (National Eligibility cum Entrance Test), or other tests that makes an OCI card holder eligible for admission to any NRI seat or any supernumerary seat (to clarify, OCI cardholders are not eligible to get admission for seats reserved exclusively for Indian citizens);
• purchase or sale of immovable properties, except agricultural land, farmhouses, or plantation properties; and
• pursuing specific profession of a doctor, dentist, nurse and pharmacist, lawyer, architect, or a chartered accountant in India (subject to stipulations under applicable laws and regulations).

At-par with foreign nationals:

• educational, economic, or financial fields or aspects not categorically listed in the OCI Notification 2021
• rights and privileges not covered under any notification issued by the Reserve Bank of India (RBI) under the Foreign Exchange Management Act 1999 (FEMA).

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