OCI Card.
A lifetime visa for India.

What the OCI card actually is

The OCI card is a lifetime visa issued by the Government of India. It permits multiple entries into India for any purpose, for the lifetime of the cardholder. In addition to this core visa status, the Government of India has granted OCI cardholders a specific set of additional privileges — primarily in the areas of residence, education, property, and certain professions.

What the OCI card is not:

• It is not Indian citizenship.
• It is not dual citizenship — India does not permit dual citizenship.
• It does not confer an Indian passport.
• It does not confer voting rights in Indian elections.
• It does not permit employment in Indian government service, or candidacy in Indian elections.
• It does not remove the requirement to comply with Indian laws applicable to foreign nationals.

The merger of PIO and OCI

By Gazette Notification dated 9 January 2015, all existing Persons of Indian Origin (PIO) cardholders registered under the PIO Card Scheme, 2002, were deemed to be Overseas Citizens of India cardholders from that date.

A separate Gazette notification published on 30 September 2014 confirmed that a PIO card issued to an applicant would remain valid for the applicant's lifetime, provided the applicant holds a valid passport.

For the primary source material, see the official merger notification on the Ministry of Home Affairs website.

Who is eligible for an OCI card

The eligibility criteria were significantly expanded with effect from 9 January 2015. The following categories of person may apply:

• A person who was formerly an Indian citizen.
• A person with at least one parent, grandparent, or great-grandparent who is or was an Indian citizen.
• A person married to an Indian citizen, or to an existing OCI cardholder, for at least two continuous years.

The following categories are not eligible for OCI status:

• Anyone who was ever a citizen of Pakistan or Bangladesh.
• Anyone whose parents or grandparents were citizens of Afghanistan, Pakistan, Bangladesh, China, or Sri Lanka.
• Anyone who has served in a foreign military or worked in a foreign defence department.

Benefits of OCI status

The Government of India, through the Ministry of Home Affairs, has issued a consolidated Gazette Notification dated 4 March 2021 setting out the benefits that attach to OCI status. Those benefits may be grouped as follows:

1. Lifetime multiple-entry visa for visiting India.
The OCI cardholder is granted a multiple-entry, lifelong visa for visiting India for any purpose. However, the following activities require prior permission or a special permit from the competent authority, the Foreigners Regional Registration Officer, or the Indian Mission concerned:

• Undertaking research.
• Undertaking missionary, Tabligh, mountaineering, or journalistic activities.
• Undertaking internships at foreign diplomatic missions or foreign government organisations in India, or taking up employment at any foreign diplomatic mission in India.
• Visiting any place that falls within a Protected, Restricted, or Prohibited Area notified by the Central Government or competent authority.

2. Exemption from FRRO registration.
OCI cardholders are exempt from registration with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India. However, OCI cardholders who are normally resident in India must intimate the jurisdictional FRRO or FRO by email whenever there is a change in their permanent residential address or their occupation.

3. Parity with Indian nationals in certain matters.
OCI cardholders are treated at par with Indian nationals for:

• Tariffs in air fares in the domestic sector within India.
• Entry fees charged for visiting national parks, wildlife sanctuaries, national monuments, historical sites, and museums in India.

4. Parity with Non-Resident Indians in certain matters.
OCI cardholders are treated at par with NRIs for:

• Intercountry adoption of Indian children, subject to compliance with the procedure laid down by the competent authority.
• Appearing for all-India entrance tests (NEET, JEE Mains, JEE Advanced, and similar tests), for the purpose of admission only against NRI seats or supernumerary seats. OCI cardholders are not eligible for admission against any seat reserved exclusively for Indian citizens.
• Purchase or sale of immovable property, other than agricultural land, farmhouse, or plantation property.
• Pursuing the following professions in India, as per the applicable statutes: doctors, dentists, nurses, pharmacists; advocates; architects; chartered accountants.

5. All other fields.
In respect of all other economic, financial, and educational fields not specifically enumerated in the notification, or in respect of rights and privileges not covered by RBI notifications under FEMA, an OCI cardholder has the same rights and privileges as a foreigner.

Important clarifications

• An OCI cardholder — including a former PIO cardholder — remains a foreign national holding a foreign passport. The OCI card is not Indian citizenship and does not amount to dual citizenship.
• The term "Non-Resident Indian" has the same meaning assigned to it under the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018, made by the RBI under FEMA, 1999 — and who fulfils the NRI status under the Income Tax Act, 1961.
• OCI status can be cancelled by the Government of India in specified circumstances, including fraud, misrepresentation, or activities prejudicial to the sovereignty and integrity of India.

How Kavao Law can assist

We assist NRIs, OCIs, PIO cardholders, and foreign nationals of Indian origin with the full range of OCI matters. Our work typically includes:

• Assessing eligibility for OCI, and advising on the correct category of application.
• Assisting with applications for fresh OCI registration, and with re-issuance or transfer of OCI cards after passport renewal or change of personal particulars.
• Advising on the conversion of old PIO cards to the OCI framework, and on the effect of the 2015 merger.
• Assisting and drafting the representation for OCI cardholders in matters relating to FRRO registration, change of address, and occupation intimation.
• Advising on the rights and limits of OCI status — including property purchase, admission to educational institutions, and the pursuit of professions in India.
• Advising on the cancellation, appeal, and review of OCI status in the rare cases where the Government has initiated action.

Note: The information on this page is provided for general understanding only. OCI eligibility, benefits, and restrictions are subject to amendment by the Government of India. Before making any decision, please obtain case-specific advice.