Do I qualify for OCI?

[kayzee83]

Hi everyone,

Here is my situation. I was born in the UK and hold a British passport. My parents are both British (by neutralization) at present; my mother was born in India and my father was born in (present day) Bangladesh. My mother has recently received her OCI however from what we understand my dad will not qualify as he was a Bangladeshi national prior to becoming a UK citizen.

My main query here is;

1. Do I qualify for OCI based on my mother's OCI status?
2. On part B of the OCI application it asks to declare if either of my parents were a Bangladeshi or Pakistani national before. As I will answer YES what further information about my father do I need to provide them while submitting the form?
3. Will this delay the application or can they deny me OCI as my father was a Bangladeshi national?

I will be travelling to India very often and getting an OCI would make life a lot easier. I shall wait for some expert advise on this matter.

Thank you!

Piyali Kayzee

[geriatrix]

1. Was your mother an Indian citizen before she acquired British citizenship? Is / was you maternal grandfather an Indian citizen? If answer to either of the questions is yes, then you are eligible to apply for OCI under section 7A (iv).

2. Whatever evidence the form or guidance notes asks you to provide.

3. (a) No one can tell you that, but only speculate; (b) No.

[bahla]

A google search of 'oci one parent pakistan' seems to suggest that you're ineligible, although there are a few successful examples on the immihelp forum.

[geriatrix]

The "Indian citizenship law" trumps any such google searches IMHO ....

The link to the applicable section of the law is given in my response above.

[bahla]

Sushdmehta,

You could be right but the proviso after 7A (d) of The Citizen (Amendment) Bill, 2015 at

http://www.prsindia.org/uploads/media/C ... y%20LS.pdf

states:

Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section.

There are various other changes in the amendment too.

Regards

[geriatrix]

I stand corrected.

bahla, thanks for the pointing me to the changes to the Indian citizenship Act 1955, which has been promulgated recently (10-March-15) that I was not aware of!

kayzee83, As bahla has pointed out, the 2015 amendments to the 1955 act means that you are not eligible for OCI since your father had been a a Bangladeshi citizen.

[kayzee83]

I stand corrected.

bahla, thanks for the pointing me to the changes to the Indian citizenship Act 1955, which has been promulgated recently (10-March-15) that I was not aware of!

kayzee83, As bahla has pointed out, the 2015 amendments to the 1955 act means that you are not eligible for OCI since your father had been a a Bangladeshi citizen.

I understand providing one parents proof of Indian origin is sufficient. How would they know my dad was a Bangladeshi citizen prior to becoming British?

Sushdmehta - to answer your previous query my Mom has OCI and this was granted on the basis of her previous Indian Nationality and her (late) parents being Indian citizens. No proof was required to proove her parents nationality as such so assuming I will not be asked the same. I'm 30 plus years of age if that matters!

[geriatrix]

The queries I posted (and the answers to them) became irrelevant when I became aware of the new and current law, under which you are not eligible for OCI.

Whether you should lie / how will they find out etc. etc. are out of scope for discussion on this forum.

[bahla]

I understand providing one parents proof of Indian origin is sufficient.

On the VFS website under 'Important Information for all OCI Applicants' it states:

If one of the parent/grandparent is of Pakistani or Bangladeshi origin, applicant will not be eligible for OCI.

How would they know my dad was a Bangladeshi citizen prior to becoming British?

Because you will need to tell them when you complete the application form. If you lie and they find out (e.g. from their databases or from a future informant), then you risk being permanently barred entry into the country. I don't think you want that, so be honest and continue to apply for Visa's like you do now. Maybe the law will change in the future.

Best wishes.

[kayzee83]

The queries I posted (and the answers to them) became irrelevant when I became aware of the new and current law, under which you are not eligible for OCI.

Whether you should lie / how will they find out etc. etc. are out of scope for discussion on this forum.

Sushdmehta - You have misunderstood my question I'm afraid! I did not ask if I should lie, that's was an assumption you jumped to without much thought! Thank you for your help with this anyway.

Anyway to someone who wishes to help and not judge - 1. My husband was an Indian citizen too, so I'm assuming that route is out too as per the new rules

Lastly, as this act has just recently passed in the Indian Parliament, nothing to this effect has been updated on the official High Commission website nor the VFS website who are representing the High Commission. I am assuming it will take a good few years until amendments are made to reflect on the website?

Does one not go by the notes on the VFS/High Commission website or are applicants expected to follow the Indian Parliament and the Acts and Laws?

[kayzee83]

I understand providing one parents proof of Indian origin is sufficient.

On the VFS website under 'Important Information for all OCI Applicants' it states:

If one of the parent/grandparent is of Pakistani or Bangladeshi origin, applicant will not be eligible for OCI.

How would they know my dad was a Bangladeshi citizen prior to becoming British?

Because you will need to tell them when you complete the application form. If you lie and they find out (e.g. from their databases or from a future informant), then you risk being permanently barred entry into the country. I don't think you want that, so be honest and continue to apply for Visa's like you do now. Maybe the law will change in the future.

Best wishes.

Bahia - Advice noted. I will be HONEST. Thank you kindly!

I just have noticed the update on the VFS website so it seems like lifelong visas for me. And ignore my queries/comments on the previous posts however I'm still unclear if I can apply on basis of spouse. The website is more confusing that informative.

[geriatrix]

Sushdmehta - You have misunderstood my question I'm afraid! I did not ask if I should lie, that's was an assumption you jumped to without much thought! Thank you for your help with this anyway.

In your opening post you wrote:

2. On part B of the OCI application it asks to declare if either of my parents were a Bangladeshi or Pakistani national before. As I will answer YES what further information about my father do I need to provide them while submitting the form?

Then on becoming aware that you are not eligible for OCI because of that very fact, you wrote:

I understand providing one parents proof of Indian origin is sufficient. How would they know my dad was a Bangladeshi citizen prior to becoming British?

So, the question in the second statement comes into play only when you retract from the your earlier statement that you will declare that one of your parent was a Bangladeshi / Pakistani citizen!!

Isn't that what "lying" is?? Hence my comment that you took offence to.

I did not judge you ... but merely commented based on your own responses!! I haven't seen the form / website to verify that your statements about the question(s) asked in OCI application are true or not. I merely commented based on what you wrote in the topic on your own volition.



That said,

I'm still unclear if I can apply on basis of spouse.

Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section.

[kayzee83]

Sushdmehta - Thanks for taking time to reply! What I asked in the opening post was a query related to the application form. What I later queried was out of curiosity (without intention to lie however you interpreted it). What you made out wasn't my actual question hence you gave an answer/judgement not directly to the question. Please read the question underlined in your quote above. Now, the ideal answer(s) would/should have been; 1. I do not know, 2. The HCI undertake the following xyz checks or 3. Not reply to an answer you dont have - I'd have gone with no 3

I'm sure the reason to answer wasn't to increase your post count either None the less, I know my options now and you may feel free to close this topic.

"Peace"