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By Vipul Jain
India with its vibrant culture is also a country that is packed with several opportunities. So, if you work or live or plan to stay there for a long term, then having Indian citizenship makes a lot of sense. However, it also comes with several responsibilities and duties. Want to know about it in detail? Then you are at the right place. Here in this blog know the intricacies of dual citizenship rules for NRIs in India. Along with it explore the present rules and regulations and potential changes associated with the status of dual citizenship for NRIs. With this, to know more browse down.
Non-resident Indians (NRIs) often surface with the complexities of legal status and citizenship. The stance of India on dual citizenship has always remained a topic of discussion and debate. Well, there are lots of perks that dual citizenships or multiple citizenships offer to individuals. Let's know about a few of them:
These are the following perks that dual citizenship offers to individuals. However, it is well-known to everyone this is prohibited in India. An Indian citizen can choose to get a second passport from another nation, however, for this, he/she needs to surrender their citizenship in India. With this, moving ahead, let's know how to obtain dual citizenship in India.
As stated above the Indian Constitution does not offer any provision for multiple or dual citizenship. According to the Passport Act of 1967, every Indian citizen must surrender their passport to the nearest embassy after getting citizenship of another nation. Not doing so can surface them with legal issues. With this after getting citizenship of a foreign nation, Indians are required to get Overseas Citizens of India (OCI) status. Moving ahead, to get dual citizenship one should fulfill these requirements:
Although India does not have any such provisions for dual citizenship. However, individuals can obtain an OCI card that offers several benefits. With this, it was all about how one can apply for dual citizenship in India. Moving ahead, let's know the present dual citizenship rules for NRIs in India.
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The current dual citizenship rules for NRIs in India state that a person cannot hold citizenship of two nations. If he/she wants to become an Indian citizen they need to give their original citizenship. Here, the Overseas Citizen of India (OCI) program can said to be a replacement for it. Moving further, let's know the dual citizenship rules for NRIs in India:
A dual citizenship bill proposed in the Parliament of India aims to solve this issue. It was introduced by Shashi Tharoor, Congress MP. The bill seeks to change Article 9 of the Constitute of India, thereby permitting foreign applicants of Indian origin to hold dual citizenship. If enacted, this change would impact the diaspora of Indians globally. In addition, will foster the closer ties of individuals with their origin nation.
In response to the increasing demand for dual citizenship in India, in 2006, the government introduced Overseas Citizen of India (OCI). Any NRI who wants to remain an Indian citizen and enjoy several perks can apply for OCI status. Through this, foreign applicants of Indian origin can work and live in India for an indefinite time. Also with the OCI card, they can stay in the nation without registering with the police and reporting to officials. Also, they have the same rights as the Indian residents. Though holding public office and voting rights are not included in it.
At present, these are two dual citizenship rules for NRIs in India. However, NRI and OCI are considered two different things. Although their rights and perks are some they do have some differences. Want to know what it is? Read the next section and get your answers.
The key difference between NRI and OCI is that the NRIs are Indian citizens residing abroad. In contrast to this, an OCI is a foreign national of Indian origin. An NRI can apply for an OCI card after giving his/her Indian citizenship. Moving further, let's know about them in detail:
|
Basis |
Non-Resident Indian (NRI) |
Overseas Citizen of India (OCI) |
|---|---|---|
|
Citizenship Status |
Citizen of India |
Foreign citizen |
|
Eligibility |
Indian applicant who lives outside India for more than 182 days in an accounting year. |
An Indian-origin individual who is a citizen of another country. |
|
Visa Requirements |
Needs a visa to enter the country. |
With lifelong visa-free travel granted a multiple entry in India. |
|
Work Rights |
Without a valid employment visa cannot work in India. |
Does not require a visa to work in India. |
|
Residency Rights |
Cannot live in India for more than 182 days in an accounting year. |
Can live in India for an indefinite time. |
|
Voting Rights |
Not allowed to vote in Indian elections. |
Cannot vote in Indian elections. |
|
Property Ownership Rights |
Can own any property in India but prohibited to have any plantation assets like agriculture land or farmhouse. |
Can own any property in India but prohibited to have any plantation assets like agriculture land or farmhouse. |
|
Public Rights |
Not allowed to hold public office in India. |
Prohibited to hold public office in India. |
|
Taxation |
Tax implications for NRIs are that they are liable to pay tax on the income they earned in India. |
Liable to pay tax on the income earned in India. |
These are the main differences between NRIs and OCIs. Although both of them do hold some similarities in the rights. Now, moving ahead, let’s know the rules under NRI dual citizenship.
These are the following rules that come under NRI dual citizenship:
Compliant with Foreign Exchange Management Act (FEMA) and Income Tax Laws NRIs can hold specific bank accounts. It includes NRO, NRE, and FCNR. In addition, they cannot invest in Indian government schemes like Post Office and Public Provident Fund Schemes. Doing so can put them in legal trouble.
If they are no longer residents of India, the Income Tax Act states that NRIs should pay tax on their global income. However, they can travel and rent property in the nation without breaking the tax laws of India, provided they adhere to specified rules.
While NRIs are allowed to buy commercial and resident property in India. However, they are not allowed to own a farmhouse or agricultural land. With this, the property purchase transactions should be done in rupees from an NRO account of an NRI.
Including the FEMA, Income Tax Act, and the Aadhar Act, NRIs are governed by several laws in India. These state legal accounts, taxable income, investment, and eligibility for the Aadhaar card. Under the FEMA Act, an applicant is considered an NRI from the day he/she leaves India for an unstated time.
These are some of the rules that NRIs need to follow while living or working in India. Although the country does not allow dual citizenship to NRIs however, it offers several perks. This includes having a property in India, working on a visa, and more. So, it is upon the person and their choice whether they want to be an NRI or a foreign citizen.
The dual citizenship status for NRIs in India always remains an evolving and dynamic subject. This was all about the dual citizenship rules for NRIs although there are no specifications for NRIs under it. With this, still confused about whether to be an NRI or apply for an OCI status in India and enjoy the OCI benefits. Seek help from professional guides like Visament. The experts here assist you in making the right decision as per your preferences and choices. Also, they will make the whole process easy for you. So connect with us now and stop juggling between two nations.
Although some Indian politicians have spoken in favor of dual citizenship in India. In this respect, the OCI scheme is one such concession. However, the traditional reason India does not allow dual citizenship is according to it citizenship is a commitment towards a nation and it believes that a person cannot remain truly loyal to two nations at one time.
Giving up Indian citizenship means you are no longer entitled to get support from the Indian Embassy if you are abroad. In this case, the rights, laws, and responsibilities of the new state will be applicable. It means that as any other citizen, you might be obliged to serve in the military, vote, and so on. With this, when you come back to India the same rules will apply to you like the other citizens of your adopted nation and you need a visa to travel to India.
Possessing two passports in India is considered an offense and it comes under the Passport Act as the nation does not allow dual citizenship. It means you need to legally surrender your Indian passport once you get citizenship of another nation. However, if you fail to do so you need to pay a fine and potentially imprisonment depending on the situation.
Yes, with an OCI card by your side, you can permanently live in India, significantly granting you a form of permanent living, allowing you to live and work in the nation indefinitely. However, as it is not Indian citizenship, it does not provide you the voting rights and holding public office.
To become an Indian citizen by naturalization an individual with a preceding application need to live in India for 12 of 14 years and aggregate eleven years within the last fourteen years. In addition, it also includes the complete calendar year of the citizenship application.
Through naturalization, if you take citizenship of another country you automatically lose the Indian citizenship. Also, if you want to voluntarily leave your Indian citizenship you are free to do so.
