1. Who is eligible for an OCI Card?
A foreign national, who was eligible to become a citizen of India on 26.1.1950 or was a citizen of India on or at any time after 26.1.1950 or belonged to a territory that became part of India after 15.8.1947 and his / her children and grand children, provided his / her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he / she will not be eligible for OCI.
2. Who was eligible to become Citizen of India on 26.1.1950?
Any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who was ordinarily residing in any country outside India was eligible to become citizen of India on 26.1.1950.
3. Which territories became part of India after 15.8.1947 and from what date?
The territories, which became part of India after 15.8.1947 are:
- Sikkim from 26.4.1975
- Pondicherry from 16.8.1962
- Dadra & Nagar Haveli from 11.8.1961
- Goa from 19.12.1961
4. Can the spouse of the eligible person apply for OCI?
Yes, if he /she is eligible in his / her own capacity.
5. Can children of parents, wherein one of the parents is eligible for OCI, apply for OCI card?
Yes. They are eligible.
6. In what form should a person apply for OCI and where are they available?
For registering please visit the website https://ociservices.gov.in/welcome . The form should be filled in online and when registered, application form(s) should be printed and its hard copy (one set) with photo (5.0 cm x 5.0 cm) affixed thereon, should be handed over in person at the Counter of the Embassy of India, Brussels. Please keep a copy of the OCI application (also note down the reference number) before submitting the OCI application at the Embassy. The applicant should upload the relevant documents at the given column in the OCI application form, failing which the application is liable to be rejected.
7. Is prior appointment required for submission of OCI applications?
The OCI applicants are required to follow the latest guidelines (displayed at the homepage of Embassy of India, Brussels) for application submission procedure.
8. What documents have to be attached with the application?
FOR FRESH OCI CASES
The following documents are required to be enclosed with each application:
1. Proof of present citizenship (Copy of current passport and Copy of resident card of Belgium / Luxembourg).
2. Copy of Cancelled Indian Passport or Evidence of self or parents/grandparents/great grandparents :-
· Being eligible to become a citizen of India on 26th January, 1950; or
· Belonging to a territory that became part of India after 15th August, 1947; or
· Being citizen of India on or after 26th January, 1950.
3. Surrender Certificate/Renunciation Certificate issued by Indian Embassy at the time of surrender of Indian passport.
4. Family Composition Certificate (Composition de Menage/Samenstelling) issued by the local commune/stud house/town hall.
** The uploading of relevant documentary proof (i.e. scanned copy of Current Passport and cancelled Indian Passport) at the given column in the OCI application form is mandatory, failing which the application is liable to be rejected.
FOR FRESH OCI CASES – MINOR APPLICANTS
1. Proof of present citizenship (i.e. Copy of Current Passport and Copy of Resident Card of Belgium / Luxembourg).
2. Copy of Cancelled Indian Passport or Sworn Affidavit (for Indian origin applicants who never possessed Indian passport).
3. Copy of Surrender Certificate/Renunciation Certificate issued by Indian Embassy at the time of surrender of Indian passport.
4. Birth Certificate issued by the local commune/stud house/town hall.
5. Copy of Passport/OCI Card/Resident Card of both parents.
6. Family Composition Certificate (Composition de Menage/Samenstelling) issued by the local commune/stud house/town hall.
** The uploading of relevant documentary proof (i.e. scanned copy of Current Passport, Birth Certificate (under option Relationship Certificate), cancelled Indian Passport and Indian Passport/OCI card of parent(s)) at the given column in the OCI application form is mandatory, failing which the application is liable to be rejected.
FOR FOREIGN SPOUSE CASES
1. Proof of present citizenship (Copy of current passport and Copy of resident card of Belgium / Luxembourg).
2. Proof of Spouse being person of Indian Origin viz. Copy of Indian Passport or Copy of OCI card and his/her resident card.
3. Marriage Certificate (in English language), duly apostilled by the Foreign Ministry.
4. Proof of being married to person of Indian origin for at least 2 years, prior to date of application.
5. Family Composition Certificate (Composition de Menage/Samenstelling) issued by the local commune/stud house/town hall.
* The uploading of relevant documentary proof (scanned copy of Current Passport, Indian Passport/OCI card of spouse and duly apostilled Marriage Certificate) at the given column in the OCI application form is mandatory, failing which the application is liable to be rejected.
** In these cases OCI will be granted only after approvals from appropriate authorities in New Delhi, hence time limit of 60 working days do not apply.
OCI MISCELLANEOUS SERVICES
OCI Miscellaneous services can be availed for re-issuance/issuance of duplicate OCI Registration Certificate in the following category of cases:
· In case of issuance of new passport (for OCI card holders below the age of 20)
· In case of change of personal particulars viz. nationality etc.
· In case of loss/damage of OCI registration certificate/visa.
· In case of filling of wrong personal particulars while submitting online applications viz. name, father's name, date of birth etc.
· In case of change of address/occupation
· In case of holder of OCI attaining the age of 20 or 50, as the case may be.
The following documents are required to be enclosed with each OCI Misc. application:
1. Copy of New Passport
2. Copy of Resident Card
3. Copy of existing OCI Card
4. Copy of Passport/Resident Card/OCI card of parents (in case of minors)
5. Family Composition Certificate (Composition de Menage/Samenstelling) issued by the local commune/stud house/town hall.
6. In case of loss of OCI Card, Police Report filed in Belgium / Luxembourg is mandatory.
* The uploading of relevant documentary proof (i.e. scanned copy of Current Passport and old OCI card {under option Indian Visa}) at the given column in the OCI application form is mandatory, failing which the application is liable to be rejected.
PIO TO OCI CONVERSION CASES
An OCI card can be applied in lieu of valid PIO card at Embassy of India - Brussels, provided the applicant is resident of Belgium or Luxembourg.
The following documents are required to be enclosed with each OCI in lieu of valid PIO card application:
1. Copy of Current Passport
2. Copy of Resident Card
3. Copy of valid PIO Card
4. Copy of Passport/Resident Card/OCI card of parents (in case of minors)
5. Family Composition Certificate (Composition de Menage/Samenstelling) issued by the local commune/stud house/town hall.
* The uploading of relevant documentary proof (i.e. scanned copy of Current Passport and valid PIO card) at the given column in the OCI application form is mandatory, failing which the application is liable to be rejected.
** PLEASE NOTE THAT THE EMBASSY OF INDIA, BRUSSELS RESERVES THE RIGHT TO ASK FOR ADDITIONAL DOCUMENTS, IF REQUIRED, ON A CASE TO CASE BASIS.
9. How many copies of application have to be submitted?
A single copy of the application duly signed with Picture pasted at the right places has to be submitted.
10. Whether applicant(s) have to go in person to submit the application(s)?
Yes.
· The applicant(s) based in Belgium have to submit the application(s) in person at the Embassy of India, Brussels during the designated working hours.
· The applicants based in Luxembourg have the option to submit the OCI applications at the Luxembourg Hon Consulate office.
· The applicants living in/close to Antwerp they may submit applications at the o/o Antwerp Indian Association (AIA).
11. Can a person apply in the country where he is ordinarily residing?
Yes. The Embassy of India, Brussels will accept applications of only those applicants who are residents of either Belgium or Luxembourg.
12. What are the consequences of furnishing wrong information or suppressing material information?
All applications will be subject to pre or post enquiry, depending on whether any information is available, pointing to false material is provided. If the Government comes to know that any false information was furnished or material information was suppressed, the registration as OCI already granted shall be cancelled by an order under section 7D of the Citizenship Act, 1955. The persons will also be blacklisted banning his/her entry into India.
13. What is the fee availing OCI services?
Sl |
Particulars of Fees |
Euro |
1 |
New OCI registration |
Fresh Application |
254 ( Fee 251 + 3 ICWF) |
2 |
OCI registration |
In lieu of Valid PIO card |
95 ( Fee 92 + 3 ICWF) |
In lieu of Lost PIO card |
95 ( Fee 92 + 3 ICWF) |
3 |
Misc. services on OCI including re-issue |
In case of issuance of new passport |
26 (Fee 23 + 3 ICWF) |
In case of change of personal particulars |
26 (Fee 23 + 3 ICWF) |
4 |
Issuance of Duplicate OCI booklet |
In case of mutilated/damaged OCI card |
95 ( Fee 92 + 3 ICWF) |
In case of loss of OCI card |
95 ( Fee 92 + 3 ICWF) |
14. Processing times for OCI Card services
· Ordinarily, it takes approximately 60 working days from the receipt of hard copy of the application and completion of file, and if there is no adverse information available against the applicant, for issuing a Fresh OCI Card, subject to approvals. (In case any adverse information is available against the applicant, the decision to grant or otherwise is taken within 4 months from the date of receipt of the application.)
· Miscellaneous service applications takes approximately 20 working days for processing.
** The applicants can track for status of OCI card at https://ociservices.gov.in/statusEnqury or enquire at 02645-1866 or 02645-1850 Ext 163 between 1000 to 1200 hrs
15. What documents are required to be presented at the time of collection of the OCI Card?
· Current Passport (for Fresh cases)
· Old OCI Card and Current Passport (for OCI Miscellaneous service/Renewal cases)
· PIO Card and Current Passport (For OCI in lieu of valid PIO card cases)
16. How can OCI Card be collected?
An OCI Card can only be collected in person during the designated collection hours from the Embassy of India, Brussels on presentation of the documents listed at Serial No.15 above. However, in case of minors, either of the parents can collect on their behalf along with documents listed at Sl No 15 above.
17. If the registration as OCI is not granted, what amount will be refunded?
An amount of Euro 25 will be charged as processing fee.
18. What will be issued after registration as OCI?
OCI registration certificate i.e. OCI Card.
19. Is carrying of OCI Card sufficient for entry into India?
No. The OCI Card holder must carry the following documents his/her Valid Passport, OCI card and valid Resident Card.
20. Will the applicant lose his / her citizenship after registering as OCI?
No. Only citizens of a country, which allows dual citizenship under the local laws in some form or the other, are eligible for applying for registration as OCI.
21. Can a person holding OCI travel to protected area / restricted area without permission?
No. He / She will be required to seek Protected Area Permit (PAP)/ Restricted Area Permit (RAP) for such visits for which online portals have been made by respective State Governments for processing such cases as a direct interface between applicants and respective agency. The applicants may use the services of such portals themselves.
22. Would the Indian civil/criminal laws be applicable to persons registered as OCI?
Yes, during the period that the OCI holder is living in India.
23. Can a person registered as OCI be granted Indian citizenship?
Yes. A person registered as OCI (i.e. having an OCI Card) is eligible to apply for grant of Indian citizenship under section 5(1)(g) of the Citizenship Act, 1955 if he / she is registered as OCI for five years and has been residing in India for one year out of the five years before making the application.
24. Can OCI be granted to foreign nationals who are not eligible for OCI, but married to persons who are eligible for OCI?
Yes, subject to clearance from competent authorities.
25. Will foreign born children of Persons of Indian Origin be eligible to become OCI?
Yes.
26. What are the benefits of an OCI Card?
Following benefits will be allowed to an OCI Card holder:-
· Multi-purpose, multiple entry, lifelong visa for visiting India.
· Exemption from registration with local police authority for any length of stay in India.
· Parity with Non Resident Indians in respect of economic, financial and educational fields, except in relation to acquisition of agricultural or plantation properties.
· No parity shall be allowed in the sphere of political rights.
27. Will any other benefit be granted to the OCI?
Any other benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under Section 7B(1) of the Citizenship Act, 1955.
28. Can an OCI be entitled to apply for and obtain a normal Indian Passport, which is given to a citizen of India?
No, an Indian Passport is only given to an Indian citizen. The Constitution of India does not permit the facility of holding Indian Citizenship simultaneously with a foreign citizenship. The OCI Card holder would therefore not be entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc. and he / she cannot normally hold employment in the Government.
29. If a person is already holding more than one nationality, can he / she apply for OCI?
Yes, as long as the local laws of at least one of the countries allow dual citizenship in some form or other.
30. Can a person renounce OCI?
Yes. He / She has to declare intention of renunciation in Form XXII to the Indian Mission / Post where OCI registration was granted. After receipt of the declaration, the Indian Mission / Post shall issue an acknowledgement in Form XXIIA.
** IMPORTANT POINTS TO REMEMBER
(a) THE EMBASSY OF INDIA, BRUSSELS RESERVES THE RIGHT TO ASK FOR ADDITIONAL DOCUMENTS IF REQUIRED ON A CASE TO CASE BASIS.
(b) PHOTO, SIGNATURE AND DOCUMENTS HAVE TO BE UPLOADED BY THE APPLICANT THEMSELVES WHEN FILLING IN THE ONLINE FORM. PHOTO SPECIFICATIONS CAN BE FOUND AT https://passport.gov.in/oci/Photo-Spec-FINAL.pdf.
(c) THE EMBASSY WILL NOT PRINT OCI APPLICATIONS FOR APPLICANTS AND HAS NO PROVISION FOR FILLING UP THE OCI APPLICATION FORM.
(d) FOREIGN MILITARY PERSONNEL EITHER SERVING OR RETIRED AND PERSONS HOLDING DIPLOMATIC /SERVICE/OFFICIAL PASSPORTS ARE NOT ELIGIBLE FOR GRANT OF OCI
(e) CIVIL GOVT. SERVANTS WORKING IN MINISTRY OF DEFENCE AS I.T ENGINEERS/CIVIL CONTRACTORS ARE NOT ENTITLED FOR OCI
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Link for online appointment https://indianembassybrussels.gov.in/schedule-appointment.php
Link for checklist https://indianembassybrussels.gov.in/checklist.php
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