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OCI for HKSAR passport holder(Indian Origin)

  1. #1
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    OCI for HKSAR passport holder(Indian Origin)

    Hello,

    Can HKSAR passport holderof Indian origin eligible for OCI card?

    Thanks.

  2. #2
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    No
    because China does not allow dual citizenship

  3. #3
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    hello

    Yes! you are eligible becasue OCI is actualy not a full citizenship , it will like Ordinary Hong Kong identity card. see below.

    I) Overseas Citizenship of India (OCI)

    OCI Scheme is not yet operational. The date of operationalising the OCI scheme would be announced in due course. The procedure, forms, brochure and FAQs are displayed for information.

    (II) Highlights of the Scheme

    The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly known as ‘Dual Citizenship’. Persons of Indian Origin (PIOs) of certain category as has been specified in the Brochure who migrated from India and acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual citizenship in some form or the other under their local laws.

    2. Persons registered as OCI have not been given any voting rights, election to Lok Sabha/Rajya Sabha/Legislative Assembly/Council, holding Constitutional posts such as President, Vice President, Judge of Supreme Court/High Court etc. Registered OCIs shall be entitled to following benefits:

    (i) Multiple entry, multi-purpose life long visa to visit India;

    (ii) Exemption from reporting to Police authorities for any length of stay in India; and

    (iii) Parity with NRIs in financial, economic and educational fields, except in the
    acquisition of agricultural or plantation properties.

    3. Any further benefits to OCIs will be notified by the Ministry of Overseas Indian Affairs (MOIA) under section 7B(1) of the Citizenship Act, 1955.

    4. A person registered as OCI is eligible to apply for grant of Indian citizenship under section 5(1)(g) of the Citizenship Act, 1955 if he/she is registered as OCI for five years and has been residing in India for one year out of the five years before making the application.

    BROCHURE ON OVERSEAS CITIZENSHIP OF INDIA (OCI)

    1. Eligibility criteria:

    A foreign national, who was eligible to become 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 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. Application form and procedure:

    A family consisting of spouses and up to two minor children can apply in the same Form i.e. Form XIX. The form can be downloaded from our website www.indianembassy.org. The following documents shall be enclosed with each application:

    1. Three additional stamp size photographs.
    2. Proof of citizenship of applicant (s)

    3. Evidence of self or parents or grand parents

    (a) being eligible to become a citizen of India at the time of
    commencement of the Constitution; or
    (b) belonging to a territory that became part of India after 15th August, 1947; or
    (c) being citizen of India on or after 26th January, 1950
    these are:-

    (i) Copy of the passport (or)
    (ii) Copy of the domicile certificate issued by the
    Competent authority (or)
    (iii) Any other proof (or)
    (iv) Affidavit

    4. Evidence of relationship as parent/grand parent, if their Indian origin is claimed as basis for grant of OCI.

    5. Proof of fee payment US $ 275 for each applicant or equivalent in local currency (US $ 25 or equivalent in local currency for each PIO card holder). The fee has to be paid in the form of cash/Money Order at the counter or Cashier’s cheque by mail.

    6. PIO card holders must also submit a copy of their PIO card.

    The application form completed in all respects along with enclosures should be submitted in duplicate to the Indian Mission/Post of the country of applicant’s citizenship or where he/she is not in the country of citizenship to the Indian mission/post of the country in which he/she is ordinarily resident. If the applicant is in India, he/she can apply to the Foreigners Regional Registration Officer (FRRO) at Delhi, Mumbai, Kolkata or Amritsar or Chief Immigration Officer (CHIO) Chennai or to the Under Secretary, Citizenship Section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer House, 26 Mansingh Road, New Delhi-110011.

  4. #4
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    Absolutely right, Safinbutt. Good explanation.

    So, do you know anyone got OCI card?

    Cheers

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    Quote Originally Posted by mmsG
    Absolutely right, Safinbutt. Good explanation.
    Do you mean this part of his explanation?

    II) Highlights of the Scheme

    The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously. Based on the recommendation of the High Level committee on Indian Diaspora, the Government of India decided to grant Overseas Citizenship of India (OCI) commonly known as ‘Dual Citizenship’. Persons of Indian Origin (PIOs) of certain category as has been specified in the Brochure who migrated from India and acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual citizenship in some form or the other under their local laws.


    Unfortunately your 'home' country does not allow dual citizenship.

  6. #6
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    /*
    So, do you know anyone got OCI card?
    */

    Hi mmsG,

    One of my friends has applied for the OCI card and will be getting it next week.

  7. #7
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    Quote Originally Posted by kombuchakid
    Do you mean this part of his explanation?

    Unfortunately your 'home' country does not allow dual citizenship.
    China does not allow dual citizenship but OCi is not a dual citizenship so it does.
    On other side, the Indian Govt. treated HKSAR as different than Mainland China becuase the HKSAR has its own Immigration control points and Immigration basic laws.

    It is just matter how the Indian consulate in HK handle the matter.

  8. #8
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    While China does not recognise dual citizenship, Chinese citizens permanently residing in HK are allowed to have traveling documents, including passports, issued by other countries. So I think OCI is not going to be a problem for a person holding a HKSAR passport. So if the Indian government view this as dual citizenship allowed in "some form or other", then I suppose there should not be any problem holding a OCI and a HKSAR pssport at the same time.

  9. #9
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    Hi

    I actually have an OCI now, but I'm UK citizen.

    All the OCI, in effect does is allow you visa free entry into India for life. There are some other claimed benefits, but not really worth it.

    For procedure you need to show that you have Indian heritage. In HK, you need to fill in the online form and then see someone in the consulate in HK.

    OCI is NOT dual citizenship, that is very much clear. You WILL NOT receive citizenship rights in India with the OCI card.

    The original hope was that OCI would be considered dual citizenship in India, but then it got watered down.

    Both the UK and US governments have stated that if travelling to India with UK and US passports respectively with your OCI card you will receive full UK and US counsellor protection.