i got my
Before you received your canadian citizenship, what was your citizenship?
rajagopal.
INDIAN
Hi Torontotamil,
If you were a Indian citizen before and are not in violation of any Indian laws, i should see no reason why you should have problem getting OCI.
All the same, directly call the VFS staff at the below website and ask them
http://www.cgitoronto.ca/Misc/contactus.html
http://www.cgitoronto.ca/OCI/ociFAQ.html
Good luck
Rajagopal.
A refuge status cannot apply for OCI /PIO .
In some cases refugees have been even denied tourist visa
Edit :
Visit this link for details and see comments from Dimple
http://www.canadiandesi.com/read.php?TID=32296
Quote:
Originally posted by toronto tamil
i got my PR by refugee in canada. now i am canadian citizen. can apply OCI OR PIO IN CANADA or INDIA?
-----------------------------------------------------------------
Growing Old Is Mandatory ..Growing UP is Optional
Quote:
Originally posted by AshwaniG
A refuge status cannot apply for OCI /PIO .
In some cases refugees have been even denied tourist visa
-----------------------------------------------------------------
Are you there?
The Indian constitution law states as follows:
7D. Cancellation of registration as overseas citizen of India.- The Central
Government may, by order, cancel the registration granted under sub-section(1) of
section 7A if it is satisfied that-
(a) the registration as an overseas citizen of India was obtained by means of
fraud, false representation or the concealment of any material fact; or
(b) the overseas citizen of India has shown disaffection towards the
Constitution of India as by law established; or
(c) the overseas citizen of India has, during any war in which India may bee
engaged, unlawfully traded or communicated with an enemy or been
engaged in, or associated with, any business or commercial activity that
was to his knowledge carried on in such manner as to assist an enemy in
that war; or
(d) the overseas citizen of India has, within five years after registration
under sub-section(1) of section 7A has been sentenced to imprisonment
for a term of not less than two years; or
(e) it is necessary so to do in the interest of the sovereignty and integrity of
India, the security of India, friendly relations of India with any foreign
country, or in the interests of the general public.
but no law is distinguish about refugee can not apply OCI category.
even the fundamental rights says that equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms.
but the constitution says
any person of full age and capacity,-
(i) who is citizen of another country, but was a citizen of India at
the time of, or at any time after, the commencement of the
Constitution; or
(ii) who is citizen of another country, but was eligible to become a
citizen of India at the time of the commencement of the
Constitution;or
(iii) who is citizen of another country, but belonged to a territory
that become part of India after the 15th day of August, 1947; or
(iv) who is a child or a grand-child of such a citizen; or
(b) a person, who is a minor child of a person mentioned in clause (a):
Provided that no person, who 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.
but the Indian counselor from Ottawa says
Passport Service to Refugees
No Passport Services (and many other services such as OCI card or PIO card) are rendered to refugees or asylum seekers. Any Indian citizen who has sought refuge in any country on political or any other considerations (such as humanitarian or compassionate grounds) is not entitled to have his Indian Passport re-issued, renewed, or freshly issued. This is so as there is no reason for citizens of India to take "refuge" in a foreign country in view of excellent political, economic, social and financial opportunities available to citizens in India. Therefore, cases which have been or are being considered for Permanent Residency in Canada on political asylum or humanitarian/compassionate considerations (known as CR and HC class of cases) will not be given Indian Passport. However, such persons, for the purposes of returning to India, may apply for Travel Document through Canada Border Services Agency (CBSA). They will be issued an Emergency Certificate (EC) which will be handed over to them at the time of departure from Canada at the airport by an officer of the CBSA. The Emergency Certificate is good for one-way travel from Canada to India. Please note that it is not a Passport and is not valid for normal international travel. Also please note that an Emergency Certificate will have a note written thereon that is being given due to fact that holder had taken refuge in Canada. In India also, Passport facility may be denied to such a person, depending on the circumstances in which he was given the Emergency Certificate.
but the UNHCR describes that The term right of return refers to a principle of international law, codified in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, giving any person the right to return to, and re-enter, his or her country of origin. This principle is sometimes reflected in special consideration in a country's immigration laws (called "repatriation" which facilitate or encourage the reunion of a diaspora.
Advertise Contact Us Privacy Policy and Terms of Usage FAQ Canadian Desi © 2001 Marg eSolutions Site designed, developed and maintained by Marg eSolutions Inc. |