Quote:
Originally posted by dimple2001
Quote:
Originally posted by sudesingh
OCI holders can get Indian citizenship. This has always been the case. Here's an extract from the Ministry of Home Affairs website:
29. Can a person registered as an OCI be granted Indian citizenship?
Yes. As per the provisions of section 5(1) (g) of the Citizenship Act,
1955, a person who is registered as an OCI for 5 years and is residing in
India for 1 year out of the above 5 years, is eligible to apply for Indian
Citizenship.
For children who were born in Canada and citizens by birth, losing Canadian citizenship upon acquiring Indian citizenship may not be as easy as one might think. The problem would be India would not consider them as Cdn citizens once they acquire Indian citizenship and Canada would consider them Canadians. It will be a hell of a time if that person wants to travel to Canada since Canada would refuse visa and you can't leave India without a visa.
Someone I knew was born in Canada in the 70s. The family moved back to India after the graduate studies in mid 70s and in the 90s she got married to a Cdn citizen. She had her Indian passport and everything and her hubby applied for spousal sponsorship. Canada (Delhi high commission) refused her application and instead issued her a Cdn passport based on her birth. Now the Indian Govt wanted to know how she lived in India illegally all these years and couldn't leave India. Finally, the charms of knowing the "right people" and lots of money did the trick.
Similar problems can occur to citizens by birth.
What u r saying is that if a person is born in Canada he/she can never get rid of Canadian citizenship. A good example of Canadian babus?
Posts: 2873
Location: Western Hemisphere
Posted on: 11-01-11 11:28:43
Location: Western Hemisphere
Posted on: 11-01-11 11:28:43
Quote:
Originally posted by web2000
What u r saying is that if a person is born in Canada he/she can never get rid of Canadian citizenship. A good example of Canadian babus?
No, what I am saying is one will not lose Canadian citizenship just because one takes up Indian citizenship and just because Indian laws say you cannot hold some other citizenship. One has to formally pursue the due process for relinquishing the Canadian citizenship.
So, a Canadian by birth who is a OCI takes up Indian citizenship, he will still be Canadian citizen per Canada (unless formally relinquished) but not per Indian law. In this situation, leaving India to Canada might be close to impossible.
This is what people should be aware of and take proper steps to keep things straight.
This kind of situation would not arise if India recognized dual citizenship.
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Dimple2001
Quote:
Originally posted by chiclets
If that is true, it means that now you won't have to wait 7 years to get Indian citizenship back. We'll soon find out for sure.
According to MHA website http://www.mha.nic.in/icweb/acquisition1.htm" rel="nofollow">LINK (look under section (3) By Registration), citizenship can be acquired by:
•Persons of full age who or either of the parents were earlier citizen of Independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III- B.
•Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g). Application shall be made in Form III-C.
Just wondering if this means that former Indian nationals do not necessarily have to get OCI first and then wait for 5 years to get Indian citizenship back, as they can simply apply under section 5(1)(f) after legally residing in India for ONE year?
Before the OCI/PIO merger info came, I read in the local newspapers that PIO cards would be issued in India also, in major cities such as Mumbai, Chennai, Bangalore, etc.
If someone can please throw more light on OCIs getting Indian citizenship / passport, that would be very much appreciated.
Merging of OCI & PIO cards :
I feel it will be better to replace the term citizenship" in the OCI card with the term "Visa" so that the confusion of dual citizenship can be avoided.
Any way India doesn't allow dual citizenship and so the govt. can consider renaming OCI to OVI " Overseas Visa for Indians " or some suitable name
thanks
