Is OCI really a visa or is a partial citizenship

[quantumscience]

Hi

I know OCI is just a visa only, but I am a bit worried about the wordings in the HcI London OCI eligibility page... Which goes like so...

Every foreign citizen is eligible for OCI if... , provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as an Overseas Citizen of India (OCI).

Now, if OCI was just a visa, then why would India care about requiring that the applicant's country allows dual citizenship in one form or other?

That tells me that OCI has some component of citizenship flavour to it.

If so, all other complications arise potentially... I.e. what happens in future if for example Britain disallows dual nationality, what happens to the OCI card status?

Also given that it has some linkage to dual citizenship aspect (since it requires Britain to support dual citizenship to let the applicant get OCI) would Britain be able to offer consular help to OCI card holders when they are in India? I know I have read it somewhere that it says it will, but this above paragraph from OCI eligibility wordings kind of complicates the situation.

I am currently thinking of applying for OCI card, but reading through the eligibility wordings I am thinking maybe I should just carry on with my PIO card and renew it every 15 years once (no big deal - I am thinking how many bunch of 15 years have I got in my life anyway - so possibly 3 more renewals in all maybe )

I am sure there are more enlightened and law knowledge forum users than me, here who can correct me on my points above. Please do. It will help me choose to go for OCI.

Thanks.

[quantumscience]

Hi ban.s

Your thoughts on this please?

Thanks

[ban.s]

Your observation is correct. OCI is visa and not full citizenship.

Govt of India introduced OCI after much lobbying from PIOs and following a report of the High Level Commitee of the Indian Diaspora. The original demand was full dual citizenship but GoI introduced OCI - and linked the eligibility to a country that allows dual citizenship in some form. E,g, PIOs from Japan or Germany are not eligible for OCI.

What would happen to OCI holders should Britian abondons dual citizenship in future - you have to surrender OCI and apply for PIO. But this is a pure academic discussion and possibility of anything such happening is almost nil. So let's not waster our sleep over it.
PIO and OCI categories are likely to be merged in the near future (nothing confirmed but various discussions underway) and may be in 10/15/20 years full dual citizenship provision would be included in the Indian Constitution. who knows!

Lastly, Foreign Office has confirmed that full consular services would be available to all OCI holders in India.

[quantumscience]

Thanks ban.s.

[rays2013]

I am in the same situation as you. Thinking of OCI.

What I understand from reading both the UKBA and HCI websites (+ other forums) is that OCI + BC implies we have two citizenship.
Effectively, it means that either of the country can withdraw their citizenship if they deem it necessary as UK considers OCI as being granted a second citizenship.
So if in future, UK wants to withdraw my citizenship and deport me to country of my second citizenship they can do so under the law that I am citizen of that our country as well.
Basically, UK might not be able to revoke their citizenship unless the person has multiple citizenship - typically, revoking the citizenship should not leave a person stateless. This can be challenged in the court of law. UN's Convention on the Reduction of Statelessness is a good example.
I don't expect this to happen to me, but I think OCI might leave my current citizenship vulnerable to changes by either UK or Indian state.

[jkmuk]

Is there such a thing as 'partial citizenship'? You are either a citizen or not. OCI does not confer citizenship on the holder. It is a visa/permit/travel-doc (whichever name you want to use) which confers some rights with respect to entry, stay, living and working in India.

I have my fingers crossed hoping that India will one day in the future allow dual/multiple citizenship.

[ban.s]

It is a visa/permit/travel-doc (whichever name you want to use) which confers some rights with respect to entry, stay, living and working in India.

..is not a travel document as you can't travel just with the OCI booklet; you also need the foreign passport.

[InUkOnHsmp]

>> I have my fingers crossed hoping that India will one day in the future allow dual/multiple citizenship.

So are a lot of us mate. I spent ages thinking about whether to keep my kids Indian, and become British but keep Indian citizenship for the wife, just because of expensive education concerns etc.

However, everything is so much more tricky if we keep half and half of any kind,that I have decided to go for both of us and for the kids to be British citizens.

Now we are hoping by the time it gets to our kids going for higher education India will have dual-citizenshop so they wont be at a disadvantage, fingers crossed!

Regards