Posted on: 06-07-09 22:12:13
Does all the discussion on this thread apply to PIO also?
I am a (proud) Canadian citizen planning to get PIO/ OCI just to avoid hassle of getting visa each time. I was a (Indian) government employee before moving to Canada. To get my pensionery benefits, I may fall short by a few months of mandatory 20 years in job there.
Will OCI/ PIO help me to join my job for few months in India?
-Ben
No you are not eligible for any Govt. job with OCI/PIO status.
Some people mentioned about counsular access will get denied to people with OCI. They could not provide any credible website for that information. There is an old thread in the forum. http://www.canadiandesi.com/read.php?TID=20816
Since you remain Canadian citizen even after OCI and you are only a Canadian citizen, how can you be denied counsular access if situation comes to this?
________________
From wikipedia http://en.wikipedia.org/wiki/Indian_nationality_law
An interesting question is whether a person registered as an Overseas Citizen of India will lose the right of diplomatic protection by their home country while in India. Article 4 of the Hague Convention on Certain Questions relating to the Conflict of Nationality Laws of 1930 provides that "a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses". The case depends on two things: first, does the Indian government itself recognize Overseas Citizenship of India as a true citizenship and on that basis refuse the right of diplomatic protection by the other country; and second, does the person's home country recognize it and accept India's refusal. Both points are doubtful. India does not give Overseas Citizens an independent travel document but instead puts a visa in the other country's passport. If a person is eligible to have only another country's passport but not any form of Indian travel document, it is hard to avoid the conclusion that the person is a sole citizen of the other country for the purposes of diplomatic protection.
________________
Local laws in India are applicable to everyone including foreign national tourists, OCI, PIO, etc., while they are in India.
-----------------------------------------------------------------
Give free food http://www.thehungersite.com ||
I am more confused now than before :
Considering the unclarity, if one gets PIO instead of OCI, one needs to pay CAD $ 480 for PIO where as in OCI you pay only USD 275/....
Quote:
Originally posted by Aashu
I am more confused now than before :
Considering the unclarity, if one gets PIO instead of OCI, one needs to pay CAD $ 480 for PIO where as in OCI you pay only USD 275/....
Take OCI.
There are some restrictions when you can take OCI (specially for children..both parents needs to be canadian citizen).... then only you should take PIO for children.
I also found a following quote
"The Indian government recently launched a program called "Overseas Citizens of India" or "OCI". This program often has been mischaracterized as "dual nationality" or "dual citizenship." However, a person who holds an OCI Card in reality is granted an Indian visa, not Indian citizenship. Thus, an American citizen who obtains OCI status remains a citizen only of the United States. The OCI Card is a special visa which grants the holder the right to indefinitely visit, study or work in India, and also the right to own most types of property in India (excluding certain agricultural and plantation properties). A holder of an OCI card also need not register with local police/immigration authorities, unlike other holders of Indian visas. An OCI holder, however, does not receive an Indian passport, and has no other political rights in India, including the right to vote or eligibility for government employment.
The OCI card is similar to a Person of Indian Origin (PIO) Card, except that PIO cards are not granted for life, and PIO Card holders may be required to register with police/immigration authorities under certain circumstances."
Counsular access will only come into play should you get into trouble with law. If India allowed actual dual citizenship, then when you are in India, you are treated like an Indian citizen and counsular access can be denied.
Since India does not recognize dual citizenship, question of denying counsular access between a person on visitor visa, PIO or OCI does not arise.
If it bothers you too much, then you should get only tourist visa.
-----------------------------------------------------------------
Give free food http://www.thehungersite.com ||
