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Trupti Patel 12/03/2004
The Indian Parliament on the 22nd of December 2003 passed a Bill to
grant dual citizenship to the people of Indian origin belonging
to certain countries as well as Indian citizens who may take up the
citizenship of these countries in future. At present this includes PIOs
of 16 specified countries, namely, Australia, Canada, Finland, France,
Greece, Ireland, Israel, Italy, Netherlands, New Zealand, Portugal,
Republic of Cyprus, Sweden, Switzerland, United Kingdom, United States
of America. ELIGIBILITY The Central Government on application made in this behalf may register any person as an overseas citizen of India if ; a) that person is of Indian origin of full age and capacity who is a citizen of a specified country;
b) that a person is of full age and capacity who has obtained the
citizenship of a specified countries on or after the commencement of
Citizenship (Amendment) Act, 2003 and who was a citizen of India
immediately before such commencement; c) The person registered
as an overseas citizens of India shall be an overseas citizen of India
as from the date on which he is so registered. No person who
has been deprived of his Indian citizenship under this Act shall be
registered as an overseas citizen of India except by an order of the
central Government. For this purpose, the expression “person of Indian origin” shall mean a citizen of another country who; · was eligible to become a citizen of India at the time of the commencement of the Constitution; · belonged to a territory that became part of India after the 15th day of August, 1947; and
· the children and grand-children of a person covered
under clauses (i) and (ii), but does not include a person who is or had
been at any time a citizen of Pakistan, Bangladesh or such other
country as the Central Government may, by notification in the Official
Gazette, specify. PROCEDURE
The application of registration as an overseas citizen of India has to
be made in the prescribed form. This form when completed should be
submitted in triplicate; i) In India
to the Collector within whose jurisdiction the applicant is ordinary
resident for transmission to the Central Government through the State
Government or Union Territory Administration, as the case may be. ii) Elsewhere
to the Indian Consulate/Embassy whose jurisdiction the country of which
an applicant is a citizen for this for transmission to the Central
Government. BENEFITS AND PRIVILEGES
a) Issuance of a registration certificate on being granted overseas citizenship. b) Issuance of an overseas citizen passport c) No requirement of visa for travel to India (both passports will be required to be presented while traveling to/from India.) d) No registration formalities for staying in the country. e) No separate documentation required for admission in colleges/institutions or for taking employment.
f) Parity with non-resident Indian in respect of facilities available
to the latter in the economic, financial and educational field.
(details separately available) g) Facilities as available to
children of NRIs for obtaining admission to educational institutions in
India, including medical colleges, engineering colleges, institute of
technology, institute of management etc. under the general category. h) Facilities under the various housing schemes of LIC, State Govt. and other government agencies. FEES The processing fee for an application for dual citizenship is proposed to be fixed at 100 US $. CONFERMENT OF RIGHTS ON OVERSEAS CITIZEN OF INDIA
Apart from the benefits and privileges available to an overseas
citizens of India as enumerated above, such a citizen would also be
entitled to other rights which the Central Government would specify and
which would be notified in the official Gazette from time to time.
However, there are certain sector such as public employment, voting
rights etc where the rights would not be available to overseas
citizens. The detailed Rules, application forms and other
necessary information in connection with the grant of overseas
citizenship would be available very shortly at all Indian Missions
abroad, the MHA, New Delhi and on the official Website of the MHA.
Please note that the Press reports regarding grant of dual
citizenship/overseas citizenship by the Government of India have
appeared in Indian and foreign media. However, the exact procedure and
modalities for grant of dual citizenship are still being worked out by
the concerned authorities in India. Please see the official websites
who will post the official instructions and guidelines from the
Government of India, as soon as they are received by them.
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