Monday, February 12, 2024

Who are NRI, PIO and OCI?

 

Who are NRI, PIO and OCI?

A brief discussion about who are NRI (Non-resident of India), PIO (Person of Indian Origin) and OCI (Overseas Citizens of India)?

NRI

 

An Indian citizen who stays abroad for employment/carrying on business or vocation outside India or stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-residence. (Persons posted in UN Organization and officials deputed abroad by Central/State Governments and Public Sector undertakings on temporary assignments are also treated as non-residents). Non-Resident Indian Citizens (NRIs) for the purpose of certain facilities.

 

Main categories of NRIs:

 

The following are the main three categories of NRIs: -

 

i)   Indian citizens who stay abroad for employment or for carrying on a business or Vocation or any other purpose in circumstances indicating an indefinite period of stay abroad.

 

ii) Indian citizens working abroad on assignment with foreign government agencies like United Nations Organisation (UNO), including its affiliates, International Monetary Fund (IMF), World Bank etc.  

 

iii) Officials of Central and State Government and Public sector undertaking deputed abroad on temporary assignments or posted to their offices, including Indian diplomatic mission, abroad.

 

PIO

 

The term PIO is defined under Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India), Regulations, 2000

 

The definition is partially amended by Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) (Second Amendment), Regulations, 2009 to include Mother & Grandmother.

 

PIO means:

 

An individual (not being a citizen of Pakistan or Bangladesh or Sri Lanka or Afghanistan or China or Iran or Nepal or Bhutan).

 

i)  Who at any time, held an Indian Passport or

 

ii) Who either of whose father or mother or whose grandfather or grandmother was a citizen of India by virtue of Constitution of India or the Citizenship Act, 1955.

 

OCI

 

According to the amendment of the Citizenship Act in 2003, people of Indian origin but staying abroad, except in Pakistan and Bangladesh, will become eligible to be registered as Overseas Citizens of India.

 

They have no Political Rights. They can’t vote. They are not entitled to hold Constitutional post and employment with the Government.

 

 

FAQ (Frequently Asked Questions)

 

Q - Which Part and Articles of the Indian Constitution deal with Citizenship?

 

A – Part II (Article 5 to 22)

 

Q - A Non-Resident Indian (NRI) is

 

A - An Indian citizen, who stays abroad for employment/carrying on business or vocation outside India.

 

Q - Are the NRIs eligible to vote and participate in the elections in India?

 

A - Yes, [By the Representation of the People (Amendment) Act, 2010]

 

Q - When did the PIO card programme come into effect in India?

 

A - 15 September, 2002.

 

Q. What is PIO Card?

 

A - Person of Indian Origin Card (PIO Card) is a form of Identification issued to a person of Indian origin, who holds a passport in another country other than Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan, Sri Lanka.

 

Q - According to Citizenship Act, 2003, who are eligible for Dual Citizenship?

 

A - Those who are eligible to become citizens of India as on 26 January, 1950 could apply for dual Indian citizenship. PIO card holders can also apply for dual citizenship.

 

Q - Who are Overseas Citizens of India?

 

A - According to the amendment of the Citizenship Act in 2003, people of Indian origin but staying abroad, except in Pakistan and Bangladesh, will become eligible to be registered as Overseas Citizens of India.

 

Q - Do the OCIs have any Political Rights in India?

 

A - They have no Political Rights. They can’t vote. They are not entitled to hold Constitutional post and employment with the Government.

 

Q - What kind of citizenship has been provided by the Constitution for the citizens of our country?

 

A – Single citizenship.

 

Q - Which article was enacted by the Parliament to enact a law relating to citizenship?

 

A - Article 11

 

Q - How many times has the Citizenship Act, 1955 amended so far?

 

A - Four times (1986, 1992, 2003 and 2005)

 

Q - What are the different ways of acquiring citizenship as per the Citizenship Act, 1955?

 

A - Five ways (birth, descent, registration, naturalization and incorporation of territory).

 

Q - According to the Citizenship Act, 1955 what is the definition of ‘Citizenship of India by Birth’?

 

A - Every person born in India on or after 26 January, 1950 shall be the citizen of India by birth.

 

Q - How can a foreigner acquire citizenship of India?

 

A - By way of ‘Naturalisation’ a foreigner who has resided in India for 12 years will Indian citizenship.

 

Q - What are the ways of losing one’s citizenship?

 

A - A person may lose his citizenship by means of

 

Renunciation of citizenship

 

Termination of citizenship, if a citizen of India voluntarily acquires the citizenship of another country.

 

Deprivation of citizenship by the Government of India.

 


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