Do Indians who go abroad to work get dual citizenship? Know what the law says

What is OCI Card: Every year lakhs of people move abroad from India. Some people go abroad for studies and some go to other countries for jobs. Indian people are mostly settled in America, Britain, Canada and the Middle East. Generally it has been seen that Indians who go to work in developed countries like America, Britain, Canada, acquire citizenship there after some time. In such a situation, they have to give up Indian citizenship and become foreigners.
Losing Indian citizenship means that they will now have to obtain a visa upon coming to India. To solve this problem, OCI card i.e. Overseas Citizen of India Card is issued for Indians settled abroad. Many times people consider OCI card as dual citizenship, but it is not so. In such a situation, let us know what is the law of dual citizenship in India and what is OCI card and why was it brought.

Is dual citizenship available in India?

Any person can acquire dual citizenship through means such as birth, marriage and naturalization. Due to dual citizenship, there are some responsibilities for the person who acquires it, like he/she not only has to pay taxes in both the countries, but also has to follow the laws of both the places. People are allowed to take dual citizenship in countries like America, Canada, Australia, Germany, Sweden, Norway, Britain, Ireland, Finland and New Zealand.

However, no citizen in India has the freedom to take dual citizenship. The Constitution of India does not allow its citizens to simultaneously hold Indian citizenship and citizenship of any other country. But the Government of India registers people of Indian origin as Overseas Citizen of India (OCI) cardholders under certain categories specified in Section 7A of the Citizenship Act, 1955.

What is OCI card?

Actually, the government runs a special facility for the Indian people who have settled abroad and have taken citizenship there, which is called OCI card. OCI stands for Overseas Citizen of India. There is no law of dual citizenship in India. Those who took citizenship of countries like Britain and Canada, their connection with India still remains. When such people have to come to India, they have to take a visa for India. In view of this problem, they are given OCI card.

In fact, the government first made the provision of PIO card in 2003 for Indians taking foreign citizenship. PIO means Person of Indian Origin. This card was issued for 10 years like a passport. Then in 2006 the government announced the granting of OCI cards to Indians taking foreign citizenship. In 2015, the provision of PIO was abolished and only OCI card was given.

Is OCI card dual citizenship?

OCI card holders do not need a visa to visit India throughout their life. This is known as lifelong visa. The government reiterated that a person holding an OCI card cannot claim dual citizenship. In simple language, OCI card does not mean that the person holding it has become a citizen of India along with being a foreign citizen. The Constitution prohibits holding citizenship of two countries simultaneously.

Who can get OCI card?

OCI card is issued by the Government of India to those people who have been citizens of India after 26 January 1950 or whose parents have been Indian citizens. OCI cards are not given to people of Indian origin living in Pakistan, Sri Lanka, Bangladesh, Nepal, Afghanistan and Iran. OCI card holder is allowed to live, work and conduct financial transactions in India throughout his/her life. OCI card is valid for life.

What cannot OCI card holders do in India?

However, even though OCI card holders are allowed to enter India without a visa, there are certain limitations imposed on them. There is not much difference between OCI card holders and Indian citizens. Both have got almost equal rights. But OCI card holders cannot do four things, which are as follows:

• OCI card holders cannot contest elections.
• OCI card holders do not even have the right to vote in the elections held in India.
• A person holding OCI card cannot hold a government job or constitutional post.
• OCI card holders are also not allowed to buy agricultural land in India.

Many people consider both OCI card holders and NRIs as the same. However, there is a lot of difference between the two. NRI means Non-Resident Indian, who holds an Indian passport but is living abroad. NRI is considered to be a person who stays in another country for at least 183 days in a financial year. NRIs have the right to vote.