What are the Dual Citizenship Rules for NRIs?

If you are an NRI planning to settle abroad and are planning to acquire citizenship in your country of residence, you must consider whether this will affect your Indian citizenship. Many countries allow dual citizenship to individuals with all the benefits, such as voting rights, access to public services, and the ability to hold two passports. However, India does not allow dual citizenship. As per Indian rules, once you acquire citizenship in another country, you must surrender your Indian citizenship.

Read the blog below to learn more about the dual citizenship rules for NRIs and other alternatives that grant long-term benefits without full citizenship.

What is Dual Citizenship?

Dual citizenship allows an individual to be a citizen of two countries at the same time. This also grants them the rights and privileges of both countries. It allows individuals to live, work, and study in multiple countries with access to benefits such as education, healthcare, and social security. Individuals with dual citizenship have more than one passport since it allows visa-free travel to many countries.

Why does India Not Permit Dual Citizenship?

India does not provide dual citizenship because the constitution lacks provisions for it. However, an Indian citizen can obtain a passport from another country. To do so, you must renounce your Indian Citizenship.

As per the Passports Act of 1967, every Indian citizen must surrender their passport to the nearest embassy if they have acquired foreign citizenship. Individuals must then acquire the Overseas Citizen of India (OCI) status. The requirements for dual citizenship include:

• According to articles 5, 6 and 8, individuals seeking foreign citizenship of a different country will lose their Indian citizenship.
• They must adopt the nationality of the foreign state for which they have applied.
• Individuals must surrender their Indian passport and other documents proving Indian citizenship at the nearest Indian embassy.

What are the Current Dual Citizenship Rules for NRIs in India?

India does not permit dual citizenship for its citizens. Under Section 9 of the Citizenship Act, 1955, any Indian Citizen who voluntarily acquires the citizenship of another country automatically loses their Indian citizenship and must surrender their Indian passport.

While adults cannot hold both an Indian and a foreign passport simultaneously, there are specific regulations and alternatives available to NRIs.

1. The OCI Alternative

• Instead of dual citizenship, India offers the Overseas Citizenship of India (OCI) scheme.
• This serves as a lifelong, multi-purpose visa and grants the same economic and educational benefits as Indian citizens.
• This also includes both benefits and restrictions such as:
  • You can live and work in most professional fields in India indefinitely.
  • You can buy residential and commercial property.
  • You cannot vote in Indian elections, hold public office, or purchase agricultural lands or farmhouses.

2. Status of Minors

• Children born abroad to Indian parents can temporarily hold dual nationality depending on the laws of the foreign country.
• As per Indian laws, they can retain Indian citizenship alongside their foreign citizenship until they turn 18.
• Afterwards, they must make a definitive choice between the two.

3. Procedure for Naturalised Citizens

• If an Indian citizen acquires citizenship in a foreign country such as the USA, UK, or Australia, they are legally required to surrender their Indian passport to the nearest Indian embassy or Consulate.
• Afterwards, they must apply for an OCI card.

Can You Get Dual Citizenship in India with an OCI Card?

Since India does not allow dual citizenship, you can apply for the Overseas Citizenship of India (OCI) card. It functions similarly to "dual citizenship" for living and working in India.

The process includes the following steps:

1. Surrendering the Indian Passport

• If you hold an Indian passport and acquire citizenship in a foreign country, you must lawfully renounce your Indian citizenship.
• You must surrender your Indian passport to the nearest Indian embassy or consulate, or through local authorities if applying from abroad.
• You will then be issued a Surrender Certificate, which is a mandatory document to have if you plan to travel to India.

2. Choosing the OCI Scheme

• Since you cannot be an Indian citizen while holding a foreign passport, eligible individuals can apply for an Overseas Citizen of India (OCI) card.
• It functions as a lifelong visa that offers many benefits but does not grant voting rights or eligibility for constitutional posts.

3. Eligibility for an OCI Card

• You are eligible for an OCI card if you were a citizen of India on or after January 26, 1950.
• You are eligible if you belong to a territory that became part of India after August 15, 1947.
• Children, grandchildren, or great-grandchildren of Indian citizens also qualify.
• Individuals who previously held Pakistani or Bangladeshi citizenship are not eligible.

4. How to Apply for an OCI card

• The OCI application process is handled entirely online.
• Applications must be submitted via the official OCI Services Portal.
• You must upload proof of your
  • Current foreign citizenship
  • Evidence of your Indian origin
  • Recent photographs

5. Restoring Indian Citizenship

• If you have already renounced your Indian citizenship but wish to reclaim it, you must legally re-immigrate to India.
• Foreigners can apply for Indian citizenship through naturalisation or registration if they reside in India for a specified duration.
• This usually involves at least 5-7 years of continuous residency in the country.
• The applications for this are processed on the Indian Citizenship Online Portal.

What is the Difference Between an NRI and OCI?

The table below outlines the differences between an NRI vs OCI.

What are the OCI Benefits for NRIs?

NRIs can have various OCI benefits. These include:

• Multi-entry and lifelong visa access to India
• They are not required to register with the FRRO for any length of stay in India.
• They have benefits in economic, financial, and educational fields.

Which Nations Allow Dual Citizenship?

Nearly half of all countries worldwide permit dual or multiple citizenships, granting individuals legal recognition, passports, and rights in two nations simultaneously. Because citizenship rules vary across the globe, you must verify that both your home country and target country allow dual citizenship.

Here is a list of countries that allow dual citizenship.

1. North America

• United States
• Canada
• Mexico

2. South America

• Argentina
• Brazil
• Peru
• Bolivia

3. Western and Northern Europe

• United Kingdom
• France
• Germany
•  Italy
•  Portugal
•  Spain
• Ireland
• Sweden
• Switzerland

4 Asia-Pacific

• Australia
• New Zealand
• Philippines
• Pakistan

5. Middle East

• Israel
• Lebanon
• Syria

6. Africa

• South Africa
• Nigeria
• Egypt
• Kenya

7. Caribbean

• Antigua and Barbuda
• Dominica
• Grenada
• St. Kitts and Nevis
• St. Lucia

Note: South Korea allows dual citizenship under limited, specific circumstances such as to individuals who acquired dual nationality at birth or certain high-level professionals.

Conclusion

While India does not permit dual citizenship, the OCI scheme offers a practical way for people of Indian origin and NRIs to maintain strong ties to the country. Understanding the difference between OCI, NRI, and Indian citizenship can help you make informed decisions about travel, investments, and long-term plans. Before applying for a foreign citizenship or an OCI card, make sure you understand the latest regulations to avoid legal or administrative complications.

You can also contact Visament if you are facing any issues. They have a team of experts who can solve your doubts and queries regarding the citizenship and OCI application process.