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Overseas Citizen of India Cardholders Processes Streamlined

April 16, 2021

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At a Glance

  • Most Overseas Citizen of India (OCI) cardholders are no longer required to have their OCI cards re-issued each time they obtain a new passport.
  • Exceptionally, those with OCI cards issued before the cardholder turned 20 years old only need to obtain a re-issued OCI card once when they obtain a new passport after reaching 20 years of age.
  • There are new requirements for OCI cardholders to notify the government when they obtain a new passport up to 20 years of age, after reaching 50 years of age, and for OCI cardholders married to Indian citizens or other OCI cardholders.
  • The relaxed OCI card re-issuance rules reduce the administrative burden of having to apply for a new OCI card and indicate the government’s relaxed approach following recent restrictions for OCI card holders.

The situation

According to a change in law, Overseas Citizen of India (OCI) cardholders are no longer required to have their OCI cards re-issued each time they obtain a new passport.

Previously, it was mandatory for OCI cards to be re-issued each time a cardholder 20 years of age or younger obtained a new passport, and also at least once after the cardholder obtained a passport after the age of 50.

A closer look

  • Cards issued before holder turned 20. According to the new relaxed rule, those with OCI cards issued before the cardholder turned 20 years old only need to obtain a re-issued OCI card once when they obtain a new passport after reaching 20 years of age.
  • Cards issued after holder turned 20. OCI cardholders who obtained their OCI card after they turned 20 years of age no longer need to obtain a re-issued OCI card and can continue to use their existing card.
  • New passports obtained after holder turns 50. OCI cardholders who obtain new passports after the age of 50 are no longer required to have their OCI card re-issued. 
  • New government notification requirements.
    • OCI cardholders 20 years of age or younger must upload copies of their new passports with recent passport-size photographs to the OCI online portal each time a new passport is issued, and once after reaching 50 years of age.
    • OCI cardholders married to Indian citizens or other OCI cardholders who obtain a new passport must upload a copy of their passport with a recent photograph and a declaration that they are still married.
    • Updated documents and photographs may be uploaded by OCI cardholders within three months of receipt of the new passport.
    • Travel restrictions. There are no travel restrictions from the date the new passport is issued until new details are recorded on the OCI portal.

 

Impact

The relaxed OCI card re-issuance rules reduce the administrative burden of having to apply for a new OCI card frequently and indicate the government’s relaxed approach following recent restrictions for OCI card holders.

The new rules for OCI cardholders to update their information on the OCI online portal reduce the administrative burden on OCI cardholders, who previously needed to apply for new OCI cards.

 

Background

  • OCI cardholder benefits. OCI is a permanent residency category available to people of Indian origin and their spouses that allows them to live and work in India indefinitely. OCI cardholders benefit from visa-free travel to India and exemptions from other formal registration rules with the FRRO/FRO as required for other visa holders, among other benefits.
  • Recent rule changes for OCI cardholders. In March, the government started enforcing the rule for certain OCI cardholders to obtain special permission from the relevant government authorities, and implemented a new rule for OCI cardholders residing in India to notify the government of changes in their residential address and/or occupation. Previously, in 2019, the government implemented a rule for new OCI card applicants requiring residence in India for six months instead of immediately after arrival in India. Due to increasing noncompliance incidents, the Indian government has generally been reiterating the enforcement regulations for OCI cardholders.

 

 

Looking ahead

Despite this current relaxed rule, OCI cardholders can expect stricter enforcement of regulations and checks at ports of arrival due to government intentions to monitor such foreign nationals’ movement and maintain updated records.

Fragomen will report on related developments.

Fragomen in India is Fragomen Immigration Services India (Pvt) Ltd., operating exclusively as an immigration consultancy and not as a law firm in India. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to IndiaQueries_[email protected].

 

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