Eligibility for OCI Eligibility for OCI

Eligibility for OCI

OVERSEAS CITIZEN OF INDIA (OCI) CARDHOLDER

ELIGIBILITY

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; or

(3) who belonged to a territory that became part of India after 15.08.1947; or

(4) who is a child or a grandchild or a great grandchild of such a citizen; or

(5) who is a minor child of such persons mentioned above; or

(6) who is a minor child and whose both parents are citizens of India or

one of the parents is a citizen of India; or

(7) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application.

These could be:

(i) Indian Passport

(ii) Renunciation/Surrender Certificate

(iii) Domicile Certificate issued by the Competent Authority (in original) - Domicile Certificate of the applicant or of his/her parents/grandparents issued from concerned Competent Authority in India i.e. District Magistrate/Collectors/Sub Divisional Magistrate may also be accepted as a proof of Indian Origin (in original).The Domicile Certificate should also be attested/endorsed by the Ministry of External Affairs, India in New Delhi.

(iv) Nativity Certificate from the competent authority(in original) - If the applicant is unable to produce any documentary proof of parents/grandparents or self. He/she must submit the Nativity Certificate in the prescribed format as per link below. The Nativity Certificate should be certified by the District Magistrate/District Collector of the area with name, stamp, seal and contact telephone numbers with area code for verification. The Nativity Certificate should also be attested/endorsed by the Ministry of External Affairs, India in New Delhi. Please click here to see the format of Nativity Certificate.

Please note that if the applicant was born in India and is submitting a nativity certificate, then he/she needs to submit a notarised affidavit from Kenya stating the fact about his/her Indian passport and how he/she travelled to Kenya.

Note : No person, who or either of whose parents or grandparents or great grandparents 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 Cardholder.

(v) OCI Card/ PIO card of parents/ spouse along with the base papers/ documents upon which the OCI/ PIO card was issued;

vi. Evidence of relationship as parent/grandparent/ great grandparent, if their Indian origin is claimed as basis for registration as OCI Cardholder

The document of relationship could be “Birth Certificate” issued from competent authority mentioning both parents‟ name. In case the birth certificate is issued by a foreign authority, it is to be Apostled or endorsed by the concerned Indian Mission abroad.

Vii. In case of minor child whose both parents are citizens of India or one of the parents is a citizen of India –

(i) Child’s birth certificate

(ii) Copy of Indian passport of the parents / one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the parents/ one of the parents or any other proof substantiating the status of the parents/ one of the parents as being Indian citizen(s).

(iii) If the parents are divorced, court order of dissolution of marriage, which specifically mentions that the legal custody of the child is with the parent who is applying for the OCI card.

viii. Evidence as spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI Cardholder –

(i) Registered marriage certificate; and (ii) In the case of spouse of an Indian citizen - Indian Passport of the spouse or Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the Indian spouse or any other proof substantiating the status of the spouse as being an Indian citizen.

(iii) In the case of spouse of an OCI Cardholder - The present valid Passport of the spouse and copy of the OCI Card of the spouse and copies of the documents upon which the OCI Card was issued to the spouse.

Applicant whose birth certificate mentions about only one parent and nationality and other parent is not known, is not eligible for OCI Card.

British Overseas Citizens, Asylees or Stateless applicants are not eligible for OCI.

If the OCI card holder acquires nationality of a different country after obtaining the OCI card, except that of Pakistan and Bangladesh, he/she shall also be allowed to enter/exit India on the strength of his/her new passport of the recently acquired nationality and OCI Registration Certificate (OCI card).

Refund Process for applicants not eligible for OCI

Applicants who are not found eligible for OCI will be refunded the admissible amount after deducting necessary administration costs.

Please Note: The above list is not exhaustive and does not guarantee an OCI. The High Commission of India reserves the right to ask for additional documents, if required.