indian by birth only- OCI Eligiblilty

[Trichy]

i was born in india in 1986, and i have a Indian birth certificate that states im 'indian' national.

however my parents have registered me as a citizen of their home country. I want to apply for the OCI as i was originally indian by birth.

Am i eligible for the OCI?
I have read and re-read the Indian citizenship act and i am pretty convinced i am. But i want to clarify it before i apply.


Extracts from the Indian Citizenship Act 1955

Acquisition of citizenship
3. Citizenship by birth.-(1) Except as provided in sub-section (2), every person born in India, -
(a)on or after the 26th day of january, 1950, but before the 1st day of July, 1987;

1[Overseas Citizenship]
2. [7A. registration of overseas citizen of India.-(1) The central govt may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register any person as an overseas citizen of india _
(a)any person of full age and capacity,-
(i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitutionl
(ii) who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution

[gidoc]

Yes, you can apply for OCI provided you fulfil the second requirement as well.

Who is eligible to apply?
1.A foreign national, who was eligible to become a 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, 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). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.
2. Who was eligible to become Citizen of India on 26.01.1950?
Any person who, or whose parents or grand-parents were born in India as defined in the Government of India Act, 1935 (as originally enacted), and who was ordinarily residing in any country outside India was eligible to become citizen of India on 26.01.1950.

[Trichy]

Yes, you can apply for OCI provided you fulfil the second requirement as well.

Who is eligible to apply?
1.A foreign national, who was eligible to become a 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, 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). Minor children of such person are also eligible for OCI. However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

thank you for the response.

My parents are not indians. But I was eligible to become citizen of india in 1986. In fact i was indian citizen (as stated in my birthcertificate) until i was registered in my parents home country. That should make it eligible right?

[gidoc]

If you already were an Indian citizen, then all you need is proof, thats all. It can be a birth certificate or a passport.

[Trichy]

If you already were an Indian citizen, then all you need is proof, thats all. It can be a birth certificate or a passport.

super! thanks a lot. i've never had an indian passport as i travelled in my mother's passport out of the country and then changed then changed my citizenship when i was 2 years old. but i have my indian birth certificate. I've applied today. the officer said this is the first such case he's encountered and that he has to talk to the officers to come to the right decision. im hoping for the best. *fingers crossed*

[Trichy]

Now almost everything is approved.. but they wanted to verify my birthcertificate with India. They said they have sent it last week for verification from the Trichy Municipality.

Do they do this often? How long will this take usually for them to send back the verification?

[krazydude]

Yes they do send documents to India for verification. It depends on how quickly the document verifying authority in India responds back.

It can either be 1 week or even upto 3 months.

[Trichy]

Looks like it's going to be a long wait. What is the process? Is there anyway we can track? By calling India or something? [/quote]