OCI

Old Feb 7th 2016, 7:55 am
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Default OCI

Hello,

I'm a British citizen and my husband is a Nepalese citizen. He was born in Nepal but moved to India when he was about 3 or 4 then spent approximately 20 years living in India, studying then working. He obtained a Nepalese passport and is now residing in the UK on a spouse visa. I read that if he was eligible to become an Indian citizen then he could apply:


Frequently Asked Questions (FAQs)
Who is eligible to apply?
Following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder:-
(1) Who was a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or
(2) who was eligible to become a citizen of India on 26.01.1950;

What would've made him eligible to become an Indian citizen and how do we prove this?
Can he apply before or after becoming a British citizen?

I hope you can answer my question.

Thanks in advance.
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Old Feb 7th 2016, 8:25 am
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Default Re: OCI

Originally Posted by Loli11
Hello,

I'm a British citizen and my husband is a Nepalese citizen. He was born in Nepal but moved to India when he was about 3 or 4 then spent approximately 20 years living in India, studying then working. He obtained a Nepalese passport and is now residing in the UK on a spouse visa. I read that if he was eligible to become an Indian citizen then he could apply:


Frequently Asked Questions (FAQs)
Who is eligible to apply?
Following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder:-
(1) Who was a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or
(2) who was eligible to become a citizen of India on 26.01.1950;

What would've made him eligible to become an Indian citizen and how do we prove this?
Can he apply before or after becoming a British citizen?

I hope you can answer my question.

Thanks in advance.
Does India allow dual citizenship?.
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Old Feb 7th 2016, 8:49 am
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Default Re: OCI

No. Sorry maybe I didn't make myself clear. I'm talking about obtaining an OCI card. He never found it necessary to apply for Indian Citizenship whilst living there as being a Nepalese Citizen meant he could live, study and work in India. Once he becomes British he will have no rights in India but his family and friends all live there and would be so much better for him to have OCI card.
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Old Feb 7th 2016, 2:44 pm
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Default Re: OCI

Originally Posted by Loli11
No. Sorry maybe I didn't make myself clear. I'm talking about obtaining an OCI card. He never found it necessary to apply for Indian Citizenship whilst living there as being a Nepalese Citizen meant he could live, study and work in India. Once he becomes British he will have no rights in India but his family and friends all live there and would be so much better for him to have OCI card.
To get a OCI card it is necessary to have actually been an Indian citizen.
The eligibility clause refers to the time before the constitution was set up in 1950. Your husband would have needed to be living in India and eligible before then.
So the only way to get OCI is to live there and apply to become an Indian citizen first and then renounce it and become a British citizen. I don't know whether a very short time-scale for this and then applying for OCI would be possible.
India does not allow dual nationality.

PS. If you are of Indian origin --you could get OCI and your husband could get it as a spouse.

Last edited by Bipat; Feb 7th 2016 at 2:51 pm.
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Old Feb 7th 2016, 2:51 pm
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Default Re: OCI

Right ok. I was thinking that even though he never bothered to become an Indian Citizen it was saying that if he was eligible previously then he could still get an OCI car, because at one point in his life after 1950 he was eligible. I know they don't do dual nationality, neither do Nepal that's why it's not the best situation but never mind at least I have my answer now. He wouldn't be able to apply for Indian Citizenship now as you have to be in India 12 months before applying and we live permanently in UK now.

Thank you for your reply.
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Old Feb 10th 2016, 5:41 am
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Default Re: OCI

Originally Posted by Bipat
...
India does not XallowX recognise dual nationality....
India's writ does not extend beyond its borders - if some other country grants nationality to an India citizen then that person has dual-nationality when outside India. If such a person acquires a 'foreign' passport, or voluntarily acquired the 'foreign' nationality then under Indian law their Indian citizenship is revoked. This is significant for a large number of Goans who have registered their (or their parent/ grandparent's) births in Lisbon** but continue to exercise the rights of India citizens. In practice any decision on citizenship is said to be 'a matter for the Centre' - which is mute on the topic.

** They do not acquire Portuguese citizenship by this act, they are registering the fact that they exist, and under Portuguese law they already have it!

AndyD 8-)

Last edited by a_f_d; Feb 10th 2016 at 5:44 am.
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Old Feb 10th 2016, 6:27 am
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Default Re: OCI

Originally Posted by a_f_d
India's writ does not extend beyond its borders - if some other country grants nationality to an India citizen then that person has dual-nationality when outside India. If such a person acquires a 'foreign' passport, or voluntarily acquired the 'foreign' nationality then under Indian law their Indian citizenship is revoked. This is significant for a large number of Goans who have registered their (or their parent/ grandparent's) births in Lisbon** but continue to exercise the rights of India citizens. In practice any decision on citizenship is said to be 'a matter for the Centre' - which is mute on the topic.

** They do not acquire Portuguese citizenship by this act, they are registering the fact that they exist, and under Portuguese law they already have it!

AndyD 8-)
Andy, the rights given by Portugal to Goans are a different matter, as you say with a foreign passport/nationality Indian citizenship is revoked, but they can get an OCI card!!
The OP is asking about OCI visa card for her husband who has never been an Indian citizen.
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Old Feb 10th 2016, 4:13 pm
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Default Re: OCI

Bipat, I was replying specifically to your statement that India does not allow dual nationality, and pointing out that they have no such authority.
Under Indian law, citizenship is only revoked a) if citizen acquires a foreign passport; b) if citizen voluntarily acquires foreign nationality. Under Portuguese law many former citizens of O Estado do India and their descendants have Portuguese nationality (you can't acquire something you already have).
The quirk is that Portugal doesn't know about these people because they left all the official records behind in 1961, and by subsequent treaty they remain in India, hence the facility for births to be 'registered' in Lisbon.

AndyD 8-)
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Old Feb 10th 2016, 4:35 pm
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Default Re: OCI

Originally Posted by a_f_d
Bipat, I was replying specifically to your statement that India does not allow dual nationality, and pointing out that they have no such authority.
Under Indian law, citizenship is only revoked a) if citizen acquires a foreign passport; b) if citizen voluntarily acquires foreign nationality. Under Portuguese law many former citizens of O Estado do India and their descendants have Portuguese nationality (you can't acquire something you already have).
The quirk is that Portugal doesn't know about these people because they left all the official records behind in 1961, and by subsequent treaty they remain in India, hence the facility for births to be 'registered' in Lisbon.

AndyD 8-)
Andy--you are twisting words!! As you say if you voluntarily acquire foreign nationality, or---as a child, your parent does it for you, your Indian citizenship is revoked. In other words the Indian Government does not allow you keep Indian citizenship when you become a national of another country.
(I wonder whether this will ever be changed, OCI card was a sort of substitute?)
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Old Feb 11th 2016, 10:27 am
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Default Re: OCI

Originally Posted by Bipat
Andy--you are twisting words!! As you say if you voluntarily acquire foreign nationality, or---as a child, your parent does it for you, your Indian citizenship is revoked. In other words the Indian Government does not allow you keep Indian citizenship when you become a national of another country.
(I wonder whether this will ever be changed, OCI card was a sort of substitute?)
That may be the common perception, but it is not what the law says, however as is usually the case in India, the law, even if clearly written, will not be accepted until there has been a Supreme Court ruling - and then a few more.

Central Government Act
Section 9 in the Citizenship Act, 1955
9. Termination of citizenship.—(1) Any citizen of India who by naturalisation, registration otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commence­ment of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citi­zen of India who, during any war in which India may be engaged, voluntarily acquires, the citizenship of another country, until the Central Government otherwise directs.
(2) If any question arises as to whether, when or how any 1[citizen of India] has acquired the citizenship of another country, it shall be deter­mined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.




AndyD 8-)

Last edited by a_f_d; Feb 11th 2016 at 10:40 am.
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