NRIs, PIOs and OCIs – An ABC Guide

Ashish Seth

November 14, 2010

A guide for non-Indian passport holders in how to stake a physical claim on your homeland.

A young Indian family migrated to Canada back in the early 1970s. With them came a young married man and his wife and two kids. Most of their relatives had moved to Canada in the years before. It only made sense to follow. The wife’s parents had already passed away. There wasn’t much in India left for her. The son left behind his parents and the bungalow they owned.

Years passed, they became Canadian citizens, and prospered in Canada. The parents in India eventually died. The son went back home to attend his father’s funeral but found the bungalow occupied by another family. The family claimed ownership rights. The son threatened to sue but found he couldn’t legally do anything. He was no longer an Indian citizen. Even though the home had been in the hands of his parents, their death meant the property came in the hands of the government. The son’s Canadian citizenship meant he had forfeited his Indian citizenship and had no legal claim to property in India.

Cases like this have happened many times to NRIs who haven’t been able to understand India’s nationality laws and rushed into a foreign citizenship. The Indian citizenship and Indian passport must be formally renounced once a foreign citizenship is claimed: a dual citizenship does not exist in India. Among the privileges you lose thus are the ability to vote in Indian elections, to run and hold public office, and legal claims to property. In order to maintain some of these privileges, Indian embassies offer quasi-citizenship options. Unfortunately, these options are very confusing. Getting accurate information on these citizenship options is difficult as embassy websites of different countries offer conflicting information, usually muddled in a lot of legal language. In simple ABC terms, this article seeks to clarify the three generally confused terms in Indian citizenship law: NRI, OCI, and PIO.

As you all know, the acronym NRI means non-resident Indian, any Indian living abroad. An NRI can be a citizen of Indian or a citizen of another country. Let’s say you move to the United States. You’re still an Indian citizen. Let’s say you get married and want to become American. You will need to renounce your Indian citizenship to do this. Once this happens, you become a PIO, a Person of Indian Origin living abroad. Now, to go back to India, you’ll need a Visa. You can go this route but if you want some physical claim to your homeland, you must entertain other options.

From here you have two options: apply for a PIO (Person of Indian Origin) card or an OCI (Overseas Citizenship of India) card. What are the differences between the two? Let’s explore both cards.

The PIO card offers a set of privileges that are valid for 15 to 20 years. These privileges include; visa free entry into India, exemption from registering at the Foreigners’ Regional Registration Office for stays less than 180 days, economic, financial, and educational parity with regular Indians, legal claims to property and the ability to open bank accounts in Indian banks. After the 15 years, the PIO card must be renewed. Foreign-born children are eligible. If you’ve been a citizen of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan or Sri Lanka, you’re not eligible for the PIO card.

The OCI card is the closest thing to having a real dual citizenship in India. In a sense, it is an upgraded version of the PIO. Like the PIO card, it shares many of the same privileges. Unlike the PIO card, it is more restrictive in membership. Foreign-born children aren’t eligible. The procedure and processing time to get one is longer. Finally, in order to be eligible, you must have been born in India on or after the date of January 26th, 1950. Unlike the PIO, the OCI card lasts lifelong and never expires. With it, you’re always allowed back to India anytime and can stay for as long as you want without reporting to the Foreigners’ Regional Registration Office. Like the PIO, you get legal claims to property and have economic, financial, and educational parity with regular Indians.

The last comparison in the two cards is their differing requirements for regaining Indian citizenship. With a PIO card, you can apply for Indian citizenship after being a resident of India for 7 years. With an OCI card, it takes 5 years, with at least 1 year of permanent residency in India. In both cases, you must forfeit your foreign citizenship.

Overall, the differences between the cards are minute: the OCI card is option closest to a dual citizenship and the PIO is like the OCI-lite. Nonetheless, both offer NRIs the appropriate privileges they need to protect assets in India.

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Comments

By: Gourav Sharma on November 15, 2010 at 4:47 am Ultimate post Ashish, You might be unaware but you solved some of my unanswered questions from last 2-3 years. The question of dual citizenship was in my mind from long time and nobody answered it correctly, I always got wrong information that a person who receives abroad citizenship still remain Indian citizen Holding Dual citizenship. Now everything is clear like a mirror.. But can i reply on this information? May i know what is your source ?
By: Gourav Sharma on November 15, 2010 at 4:51 am Rely*
By: Ashish Seth on November 15, 2010 at 5:06 am Thanks Gourav, I’m glad I could be of help. And if I were in your position, I’d have asked the same question: is my info reliable. There are a lot of websites online which offer information that is badly organized, misleading, and sometimes downright wrong. In order to compile this post, I had to cross reference many different websites as well as check the embassy websites for some countries (Canada and the U.S. mostly). Here are my sources: http://www.nriinformation.com/dual_citizen.htm http://en.wikipedia.org/wiki/Indian_nationality_law http://www.immihelp.com/nri/pio-vs-oci.html http://www.onlinepassportphoto.com/OCI_vs_PIO.htm http://www.nriinformation.com/pio_card.htm The info you read in my article is confirmed my multiple sources so I’m confident it’s correct. There was also a PDF which detailed the differences in a table but I don’t have the link for it. In order to make sure the info was correct, I also looked at a couple of embassy sites of the Indian embassy in Canada and the U.S. You can probably find that yourself easily. Thank you for reading. Let me know if you come across any errors in my information. I doubt there will be but the topic is so muddled and disorganized, something is bound to turn up in the future.
By: Barnaby Haszard Morris on November 15, 2010 at 5:27 am A fine info sheet, Ashish – not that any of this will ever apply to me, but I’ve wondered what those terms mean for a long time.
By: Ashish Seth on November 16, 2010 at 1:07 am Thanks for reading Barnaby. I’m a fan of your stuff so it means a lot.
By: saurabh Bhauwala on November 19, 2010 at 5:36 am Hi Ashish, Appreciate the work you are doing and would like to multiply them in India creating awareness. I would be happy i would be also part of this group on linkedin. Can i request you to send request to me through linkedin.
By: The NRI on November 19, 2010 at 11:40 am Saurabh, please click on the highlighted link at the bottom of the post which will take you straight to the LinkedIn group, and then apply to join. If you are not already a member of LinkedIn, you will need to create an account first.
By: elegantstroke on December 3, 2010 at 6:54 am Hi Ashish, In your post, you say that the PIO card holder would be treated on par with regular Indians for education. Is this true? The consulate general of India websites in the USA state that PIO card holders will be treated on par with “NRI”. Does this mean the card holders fall under “NRI quota” for school and college admission purposes? This has serious implications in terms of fee structure and that’s why I wanted to clarify. Thanks.
By: RAMESH on January 5, 2011 at 2:26 am Yes, that is true. You would have to pay NRI fees under OCI and PIO. Also your kids will not be eligible to apply for national exams for eg. MBBS. You will have to pay the NRI fees. That is why many parents who plan on settling in India permanently apply for Indian citizenship for their kids.
By: Kshitiz on January 28, 2011 at 6:24 pm http://www.mha.nic.in/pdfs/oci-chart.pdf I think this is the chart you were talking about.
By: Rahul Pathak on March 29, 2011 at 6:08 am Hello, I am naturalized Britsh citizen,holding a OCI card. i have recently moved back to India permanently. I am a Physiotherapist and for my profession i have to register with maharashtra council. They have said other than Indian citizens the fees is 10 fold than normal fees. But because of my OCI i should get parity with the indian citizen and allowed to pay normal fees. can u throw some light on this…….
By: Pawan Sharma on April 17, 2011 at 7:49 am Hi Rahul, from what I understand from the post and other documentation on the links, you will be treated as a NRI and that is the reason for higher fee, if you plan to stay in India permanently then you can apply for Indian citizenship after you have had the OCI card for 5 years and stayed in India for one year after which you get all rights as an Indian citizen.
By: meeshtee on May 5, 2011 at 8:02 pm Hi, Thanks for this helpful post. It indeed clarifies important differences between PIO, OCI and NRI. However, I have one question that has repeatedly come up from different internet sources and for which I have not found an answer so far. When one is visiting India, if ‘Diplomatic Protection’ is required, in case of unforseen circumstances, does the help provided by country of citizenship (that was adopted when Indian citizenship was given up) differ in case of OCI or PIO? Varying sources point to the fact that PIO is beneficial in this regard whereas OCI proves detrimental. Any comments/feedback will be much appreicated. Thanks!
By: BK on May 15, 2011 at 1:34 am great work .. Last month got Canadian citizenship ..not sure a right thing to do .., still has many issues unresolved in terms of Indian Bank account/Immovable properties etc.Not able to bring hard earned money in Canada ,,on the other hand always under debt here. Not sure if there is any resolution, quite stressful, Thanks.
By: Carlos Carmo on July 4, 2011 at 1:01 am Even though your post is helpful and provides good information, the scenario you described in your post of a person of Indian origin losing the right to inherit property in Indian upon taking foreign citizenship is completely incorrect. Indian laws allows full inheritance rights to any kind of property, including agricultural land, by the way of inheritance for all people of Indian origin and even foreigners of non Indian origin. Persons of Indian origin can buy or inherit proerty without even having a PIO or OCI card even if they are foreign citizens. Please take a look here: http://www.rbi.org.in/scripts/FAQView.aspx?Id=33
By: Ashish Seth on July 4, 2011 at 9:18 pm The scenario is just a scenario to help the reader segue into the concepts discuss. I’m sure there were many different things I didn’t touch upon, as the legal system of India regarding such matters is very complex. As to your assertion that “Persons of Indian origin can buy or inherit proerty without even having a PIO or OCI card even if they are foreign citizens…”, it doesn’t say that anywhere in your link. Thanks for the information.
By: Venkat Sundaresan on July 9, 2011 at 2:10 pm Does a US citizen with a PIO, having acquired a property in a Co-operative Housing Society, have the right to vote in the General Body Meeting of Society?
By: Jagpreet on August 30, 2011 at 3:39 am Hello Ashish, I became Canadian citizen in Feb 2011. I also got OCI. I want to know: 1. What kind of accounts can I have in Bank? Till now, I have joint savings accounts with my parents. I also have few FDs. Can I still maintain these accounts? 2. I have a few shares of an Indian company. Can I still trade with them? 3. On the sale of the shares, do i have to pay income tax? Can I still keep my PAN number? please clarify, Thanks
By: Jay on December 7, 2011 at 3:09 pm Hello Ashish, Thanks for the information. Does the 7 years of being an indian resident for PIO card holder to become Indian citizen apply for a minor child? We are Indian citizens, and our baby is a USC +PIO card holder. How long does it take between applying for citizenship and getting it? What about the USA not recognizing her renounciation of citizenship until 18 years of age? In that case, will she be refused citizenship in India until she becomes 18 years?
By: Rajpriya on December 7, 2011 at 4:36 pm @Ashish Seth, Hi, can you please enlighten me on a few facts on OCI and PIO specifically referring to my situation. I was born in India and hold a OIC Card. Can my Son who was born in Germany and a citizen of Germany apply for OIC or PIO on the basis that my wife and I were born in India but are not citizens of India anymore. His wife is an Indian passport holder. Thanks in advance. Rajpriya
By: Sagar B Kelkar on February 11, 2012 at 5:44 pm hey ppl, we have NRI quota where an NRI can sponsor education of a close relative through this quota fo UG and FOR PG in Medical field and others too. i wished whether this quota can be excercised and used by a OCI card holder who is a USA national of indian origin. i. e can an OCI card holder sponser my education in post graduation M.S orthopaedics in NRI quota. do they hav this right as an NRI. if so plz send me a link which states this specifically, m tired of searching on the net
By: Yashoda on February 13, 2012 at 9:40 am As a oci holder do I need to declare about the assets/lands and money transactions in India. How about the global income proceedure and it’s tax payments. Yashodha.
By: Yashoda on February 13, 2012 at 9:43 am Can a pio gift any immovable property situated in India to his or her children.? Yashodha India.
By: RAZ on April 14, 2012 at 10:24 am HI, Im holding PIO card and i stay in Philippines, now i want to apply for indian passport .. can you please help me out in this .. thanks
By: Aman on April 27, 2012 at 2:33 am Hi, Thanks for this helpful post. It indeed clarifies important differences between PIO, OCI and NRI. However, I have one question that has repeatedly come up from different internet sources and for which I have not found an answer so far. When one is visiting India, if ‘Diplomatic Protection’ is required, in case of unforseen circumstances, does the help provided by country of citizenship (that was adopted when Indian citizenship was given up) differ in case of OCI or PIO? Hi All, Does anyone know the answer about the below which was originally posted by Mishthee in 2011. Noone has responded to it yet. My parents want OCI but are afraid that they wont’ get diplomatic protection from Canada (their country of citizenship now). Help would be appreciated. Varying sources point to the fact that PIO is beneficial in this regard whereas OCI proves detrimental. Any comments/feedback will be much appreicated. Thanks
By: Rajpriya on April 27, 2012 at 11:53 am To whom all it may concern: Here is a link in a table form explaining all you may need to know and in detail. http://www.immihelp.com/nri/pio-vs-oci.html
By: Sridharan S on May 4, 2012 at 10:10 am In continutation with the RTIs I filed, OCIs are now allowed on par with Indian National to appear for MBBS in JIPMER and AIIMS
By: Charles on May 18, 2012 at 10:19 pm Charles: No , Answer on this from anyone..Here is the question, When one is visiting India, if ‘Diplomatic Protection’ is required, in case of unforseen circumstances, does the help provided by country of citizenship (that was adopted when Indian citizenship was given up) differ in case of OCI or PIO? Varying sources point to the fact that PIO is beneficial in this regard whereas OCI proves detrimental. Any comments/feedback will be much appreicated. Thanks!
By: Puja Saxena on May 26, 2012 at 4:21 pm Hi, My name is Puja – still holding a Indian Passport – but have Immigrated to Canada (B.C.) – 5 years back but right now living on a PR basis. I wanted to reapply for a Indian Pan Card as I have lost the original one. How do I do that – and how much time does it take to have a new one. Thanks
By: Rajpriya on May 26, 2012 at 4:38 pm @Puja, Try one of the links below. http://www.pancardnri.com/ http://www.nricentre.net/nri-pan-card/
By: Stuart
on May 26, 2012
at 11:42 pm
“Finally, in order to be eligible, you must have been born in India on or after the date of January 26th, 1950.” I’ve been helping someone apply for OCI this week and the Indian High Commission site says this about eligibility:

“A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at any time after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 *****and his/her children and grand children***** (emphasis added). My reading of this is that the child of someone born in India before 1950 is eligible for OCI, am I reading this incorrectly?
By: Rajpriya on May 28, 2012 at 4:49 am @Stuart, I am almost (99.9%) certain you are reading it correctly. Read the link “To whom all it may concern” above by me. Try to be sweet as you can to the Indian officials then (they need pampering like children and don’t ever say I said this) you are 50% through and the other 50% documentary proof.
By: Dev on July 31, 2012 at 9:49 am Ashish, per your original article, foreign born children are not eligible for OCI. There may be an error in this interpretation. According to an Indian high commission website, A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/her children and grand children, is eligible for registration as Overseas Citizen of India (OCI). Minor children of such person are also eligible for OCI. So this would mean that foreign children of someone who was a ctizizen of India – for any time – after 26.1.50 would be eligible for OCI Card ?
By: Ginu George on July 31, 2012 at 1:48 pm Personally I am against any non-Indian citizens deriving privileges accorded to Indian citizens. One can’t have both cakes to eat. If you choose a foreign land over your homeland, then India is no longer your home.
By: prashant on December 16, 2012 at 12:49 pm hi, i am indian passport holder ,my wife chinese, and i have daughter she is chinese passport holder, but i need for here PIO CARD OR OCI CARD ,PLESASE HELP ME HOW TO APPLY.
By: A query on January 26, 2013 at 11:30 am Hello I was wondering if I complete 3 years in Canada…can I apply for Canadian citizenship and move to India
By: Vikram Jariwala on February 9, 2013 at 9:32 pm I am a U.S. citizen born in India in 1946. Am I eliogible for OCI? Please adivse. Thanks.
By: Vikram Jariwala on February 9, 2013 at 9:37 pm To be more specific, I am an Indian origin and born in 1946 and now citizen of U.S. for over ten years. Am I eligible for OCI? Thanks. Vikram
By: Rajpriya on February 10, 2013 at 5:40 pm @Vikram Jariwala, Try the following website for answers to obtain OCI. http://www.ehow.com/how_5897645_obtain-overseas-citizenship-india.html
By: jimm on February 28, 2013 at 1:16 am I am hong kong citizen,holding OCI card,can i keep my fathers land in india with me? thanks
By: CB on March 13, 2013 at 3:00 pm Hi Ashish, Great post. I am an Indian passport holder and so is my husband. We live in UK. My son was born in Feb 2013 and is a British passport holder. I am going to India with the baby for more than 6 months. What should I apply for ? a PIO or an OCI or a Visa. I am really confused as none of the official websites give straight forward answers! Do you know how long does it take for all 3 of these to arrive? thanks!
By: Rajpriya on March 13, 2013 at 4:40 pm First register the birth of your child in Britain. Then apply for a passport for the child as a first step to apply for anything. First get a visa to go India. http://www.aboutimmigration.co.uk/giving-birth-child-uk.html Then you could approach for either PIO or OCI-read details at link below. http://www.immihelp.com/nri/pio-vs-oci.html
By: doubt on March 23, 2013 at 7:25 pm Hi I am a British citizen with OCI. My wife is still an Indian citizen. We plan to re-locate to India. Will our children born in India be eligible for Indian citizenship because the mother is Indian and furthermore in the future can they apply for British citizenship since the father is a British citizen
By: Rajpriya on March 23, 2013 at 11:08 pm @doubt, Here’s all about the cake you want keep and eat too. http://encycl.opentopia.com/term/History_of_British_nationality_law#Early_British_nationality_law
By: doubt on March 24, 2013 at 11:20 am Thank you Rajpriya, that is a very good reference indeed. I belieive what I stated is possible.
By: Rajpriya on March 24, 2013 at 12:33 pm @doubt, No problem Sir. You are welcome. The greatest thing in life is to help each other even in the smallest possible way when and where ever possible. I am happy the information helped. Very rarely I get a “Thank You” I appreciate yours.
By: Sebastian on April 22, 2013 at 12:16 pm Hi friends, I am currently living abroad and have an OCI.I have been trying to search for answers in this regard and have’nt been to lucky to get anything.Here goes.. In the event of a death of an OCI abroad , can the dead body be transported and buried in India ? Thanks!
By: Rajpriya on April 23, 2013 at 3:49 am @Sebastian, Try the following: Certificate in connection with taking of dead body to India • Application form for miscellaneous services (to be filled in by the person accompanying the dead body) • Death certificate from the relevant local authority • Coroner’s Out of England order • Doctor’s Free from Infection certificate • Embalming certificate • Certificate from the undertaker confirming that the packing of body is in accordance with international regulations • Valid passport of the applicants accompanying the dead body • Gratis service (no fee to be charged) Note: If the deceased person held an Indian passport, the same may be brought to the Consulate for cancellation. http://www.cgibirmingham.org/form_files/Form_Pdf_71.pdf • Ashes/human remains certificates Application form for miscellaneous services (to be filled in by the person accompanying the dead body) Death certificate from the relevant Local Authority Cremation certificate Certificate from the undertaker confirming that the urn contains ashes of the deceased person Valid passport of applicant taking the ashes Gratis service (no fee to be charged) http://www.cgibirmingham.org/form_files/Form_Pdf_73.pdf CLICK HERE FOR FEES FOR PASSPORT & CONSULAR SERVICES
By: Sebastian on April 23, 2013 at 8:33 am Dear Rajpriya Thank you for that information. Though , How would you take the Indian passport of the deceased OCI for cancellation when it was already submitted for cancellation during the time he/she had applied for an OCI ? Sorry if my question was a bit vague. So , in case of my death as an OCI , I take it there should be no issues of me being buried in India ? Thanks!
By: Rajpriya on April 23, 2013 at 9:42 am @Sebastian Being in possession of an OCI and producing it could prove one has surrendered his or her passport. Another good point to remember is take copies of all-important original documents or have them scanned before surrendering them over for any reason. Inform your closest relations your desire to be buried in India when you are still alive. Do not forget to inform where you usually keep your OCI card. The only issue would be if your survivors do not fulfill your wishes after your death. You could only hope they would. Dying is no laughing matter so I will leave out any LOLs.“Long Live Sebastian” is my personal wish.