Is it possible for me to become an Indian citizen living abroad?

Since India does not permit dual citizenship, many Indian-born Canadian citizens may choose to apply to become Overseas Citizens of India (OCI).

Many immigrants to Canada hope to become citizens in the future because of the advantages that come with it, such as the ability to vote in national elections and own a Canadian passport.

However, due to legislation in their native countries, some foreign individuals will have to renounce their original citizenship when they become citizens of Canada.

In 2022, India was the primary place of origin for immigrants to Canada (with 118,095 new permanent residents), and this is still the case for many other nations. A lot of Indian nationals who become citizens of Canada would wish to consider applying for OCI status, rather appropriately.

Say, what is an OCI? Which advantages may an OCI offer?

People who apply for a card that grants them a “multiple entry, multi-purpose, life-long visa for visiting India, exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India, and [the right] to general parity with Non-Resident Indians” and who do not hold a foreign (non-Indian) passport but are not citizens of India are known as OCIs.

Note: Depending on the situation, parity in terms of being an OCI varies. A registered OCI will, for instance, be accorded “parity with non-resident Indians [to practice certain] professions in India,” but they will not have the same mobility with regard to “the acquisition of agricultural land, [farm or plantation] properties.” Go here to read more.

What an OCI isn’t

It is crucial to understand that an OCI does not have the same rights and freedoms as Indian citizens who have gained naturalization, despite the term. For instance, an Indian passport is restricted to Indian nationals and cannot be applied for or obtained by an OCI.

Furthermore, OCI cardholders are subject to additional limitations listed in the following list. No OCI is able to:

Vote

  • occupy a position in the Legislative Council, Legislative Assembly, or Parliament.
  • occupy roles as president, vice president, or high court or supreme court judge.
    not be assigned to positions in the public sector unless authorized and granted by the Central Government
  • Purchase plantation, home, or agricultural land in India

For whom is an OCI card valid?

  • Indian-origin Canadian citizens may submit an application to become an OCI if they:
  • Became an Indian citizen on or after January 26, 1950, when the Indian Constitution came into force.
  • were qualified to become Indian citizens on the day the Indian Constitution came into force (see above)
  • own the nationality of another nation, but after August 15, 1947, “belonged to a territory that became part of India”
  • Are you a minor, a kid, a grandchild, or a great-grandchild of someone who satisfies the requirements above?* Are you a minor with at least one Indian citizen parent?
  • Are they registered under section 7A of the Citizenship Act, 1955** (as individuals of foreign origin) as the spouse of an Indian citizen or an OCI cardholder?There are certain limitations to this criteria, which will be discussed below.

**In order to qualify, a spouse’s marriage to their Indian citizen or OCI cardholder partner had to be registered and continuous for a minimum of two years before the CI application was filed.

You’re not qualified to receive an OCI card.

“No person… who [has at least one parent, grandparent, or great grandparent that is or has ever] been a citizen of Pakistan, Bangladesh, or [any] other country [identified by] the Government of India” is eligible for an OCI, given the aforementioned qualifying requirements.

More information on submitting an OCI application

  • Further important details regarding OCI applications are outlined below:
  • Here is a list of supporting papers that must be submitted with an OCI application.
  • A cost that varies based on the kind of service and the application’s submission location is included with every OCI application. If submitted outside, $275 USD (or the equivalent) and if submitted in India, Rs. 15,000.* Those who are discovered to have received an OCI card illegally (by lying, hiding information, etc.) will have their OCI revoked and will not be permitted to enter India in the future.

*If an OCI application is denied, fees will be partly returned (less processing expenses).

Click here to read the Ministry of Home Affairs of India’s Frequently Asked Questions to find out more information about becoming an OCI.