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India/US Dual Citizenship
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Dual citizenship
Despite all the news coverage and excitement over this issue, please understand clearly
that the Constitution of India does NOT allow dual citizenship, i.e., holding Indian citizenship
and citizenship of a foreign country simultaneously.
Government of India decided to grant Overseas Citizenship of India (OCI) which most people
mistakenly refer as 'dual citizenship'. Persons of Indian Origin (PIOs) of certain category
who migrated from India and acquired citizenship of a foreign country other than Pakistan
and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual
citizenship in some form or the other under their local laws.
If you get OCI, it is NOT same as being regular Indian citizen:
- You do not get Indian passport.
- No voting rights.
- Can not be candidate for Lok Sabha/Rajya Sabha/Legislative Assembly/Council
- Can not hold constitutional posts such as President, Vice President, Judge of Supreme Court/High Court etc.
- Cannot normally hold employment in the Government.
As OCI, you get following benefits:
- Multiple entry, multi-purpose life long visa to visit India;
- Exemption from reporting to Police authorities for any length of stay in India; and
- Parity with NRIs in financial, economic and educational fields except in the acquisition of
agricultural or plantation properties.
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.
A person registered as OCI is eligible to apply by the Ministry of 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. However, such person
would have to renounce foreign citizenship.
OCI scheme is being operational from Dec 2, 2005. It has been decided that formal launching
of scheme will be done by Prime Minister at Pravasi Bharatiya Divas on Jan 7, 2006 at Hyderabad
by symbolically handing over the first OCI certificate to a person of Indian origin.
It is anticipated that a large number of Indian Diaspora will be benefited by this scheme for
a hassle free travel to their motherland. They will bring economic value and benefits to
Indian economy and contribute to the development process.
India will grant dual citizenship to persons of Indian origin (PIOs) belonging
to certain countries, and Indian citizens who may apply for the citizenship of
these countries in the future.
What is dual citizenship?
Citizenship is generally defined based on some common factors. You will be
deemed a citizen of a country for one or more of the following reasons
- "Right of the Soil" - if you were born in the territory (within the borders)
of that country
- "Right of Blood" - If one or both of your parents are citizens of that
country.
- By Marriage - If you are married to a person who is a citizen of that
country (this is no longer an automatic process - you still need to apply for
citizenship)
- Naturalization - If you obtained citizenship of the country by going through
the legal process of naturalization
As there are various ways to acquire citizenship of a country, it is possible
for someone to be considered a citizen under the laws of two or more countries
at the same time. This is dual citizenship.
Who is eligible for dual citizenship?
The Indian Parliament passed a Bill to grant dual citizenship to the people
of Indian origin on December 22, 2003. The Bill received the President's
approval on January 7, 2004. This Citizenship (Amendment) Bill - 2003, will
simplify the procedure to grant Indian citizenship to former Indian citizens of
full age and their children. The Bill will help grant dual citizenship to PIOs
belonging to or obtaining citizenship (in the future) of the following 16
countries
1. United States of America
2. United Kingdom
3. Australia
4.
Canada
5. Cyprus
6. Finland
7. France
8. Greece
9. Ireland
10.
Israel
11. Italy
12. Netherlands
13. New Zealand
14. Portugal
15.
Sweden
16. Switzerland
Remember: The rules, regulations and requirements are still under
process and will be updated as and when decisions are made by the Indian
Government.
The Central Government may register a person as a citizen of India if:
- that person if of Indian origin, of full age and capacity and a citizen of
one of the specified countries
- OR that person was a citizen of India immediately before becoming a citizen
of a specified country and is registered as an overseas citizen of India by the
Central Government
What is the procedure to apply for dual citizenship?
The application of registration as an overseas citizen of India has to be
made in a prescribed form. This form, when completed, should be submitted in
triplicate;
- i) In India : to the Collector within whose jurisdiction the applicant is
ordinarily resident. This form will be sent to the Central Government through
the State Government or Union Territory Administration, as the case may be.
- ii) Elsewhere : to the Indian Consulate/Embassy of the country of which an
applicant is a citizen. This form will then be sent to the Central Government.
Please note that the specific regulations and requirements are still being
decided.
How much are the fees to apply for dual citizenship?
The processing fee for an application for dual citizenship is proposed to be
fixed at $100. This may change as the requirements and regulations are
decided.
The detailed rules, application forms and other necessary information in
connection with the grant of overseas citizenship will be available very shortly
at all Indian Missions Abroad (MHA) and on the official Websites of the MHA.
(see Tips)
What are the benefits of dual citizenship?
Once you are accepted and registered as an Indian citizen, you will receive
the following benefits:
- A registration certificate to prove your dual status
- Overseas citizen passport in addition to the passport of the country of
which you are already a citizen
- You will no longer need to apply for a visa to travel to India. However, you
must carry and present both passports at the time of travel.
- You will not have to go through any registration formalities for staying in
the country.
- You will no longer have to provide separate documentation for admission to
any college/institution or for employment.
- You will be treated the same as a non-resident Indian with respect to the
facilities available to the latter in the economic, financial and educational
field.
- Your children will be eligible for facilities as available to children of
NRIs for obtaining admission to educational institutions in India, including
medical colleges, engineering colleges, institute of technology, institute of
management etc. under the general category
- You can make the most of facilities under the various housing schemes of
LIC, State Govt. and other government agencies
What rights are not available to you if you hold dual
citizenship?
If you qualify for and are accepted to hold dual citizenship in India, you
will still not have certain rights:
- You cannot be employed in the public sector or public services
- You will not have the right to vote in Indian elections
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