You cannot choose what visa to travel on, OCI supersedes any other visas as it is a multi-purpose lifelong visa. Its the bees knees of visas! If you are worried about consular access, its probably best to make enquiries with your embassy in India and then decide on which way to go.
I would like to point out that according to the Indian Constitution, you cannot be a dual citizen. simply holding a passport for another country renders your Indian citizenship void. So using the india's own constitution, you are pretty safe from being classed an Indian in an emergency.
Yeah... being aware of the constitution where it says that simply holding a passport for another country is a valid show of intent for acquiring another citizenship which voids my Indian citizenship & the fact that India does not allow for dual citizenship, its even more confusing when the government insists that to be eligible to apply for OCI, you have to be a citizen of a country that allows dual citizenship.
I understand one gets a visa label in the passport and a "Card" of sorts that looks like the Indian passport. Do I have to carry them both or is the visa label enough?
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pio is basically a "do anything you want in india" visa... its multiple entry...and its actually cheaper than getting 5 1 year visas...but the card is valid for 10+ years... just fill your pio # in the landing form on arrival and you are on your way...
Technically speaking the PIO card isn't a Visa and there are no visa stamps put into your passport.
It is more a proof of your legal status within India and (like a OCI card) gives you some major legal rights within India that foreigners don't have.
Holding a PIO card actually legally exempts you from needing to hold a Visa to enter India whilst the PIO card is valid.
simply holding a passport for another country renders your Indian citizenship void.
The grey area is the definition of what actually constitutes a "passport".
1954 Convention documents? If one holds a 1954 document but also claims Indian citizenship does that invalidate the 1954 document? Or does the 1954 document invalidate the Citizenship?
1951 Convention documents? The Indian Government does not as a matter of policy provide consular services to Indian citizens who have claimed refugee status in a foreign country. Does that mean that a 1951 document is a defacto renunciation of citizenship?
Alien/Noncitizen passports? These are technically "passports" but very clearly do not have any link to citizenship.
Diplomatic/Service passports issued by other countries? Some countries issue diplomatic/service passports to non-citizens who are traveling on Government business.
Laissez-passer? Obviously not a passport but functions in lieu of a passport.
Granted, some of the above have been tested in the past and precedent established, but others can throw up interesting scenarios!
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I hold an OCI with a US passport and the way I understand is:
1) US citizen as India does not have dual citizenship so therefore just holding a US passport declares my Indian citizenship null and void.
2) Funny thing -- USA considers me a "Dual" citizen of US and India.
But I have a PAN card in India and now am working towards my "farmer" status !! Grandfather owned a farm in Kinai, Satara...so my dad is now going to establish his lineage and then I will add myself to that lineage !!
Now does that make me a citizen in India ??? Do not know.
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Im guessing that the reason why there are so many grey areas regarding these kind of things in India is because of the slow bureaucracy within the court system.
In theory you can make a case against the constitution for clarification purposes and then depending on the results, the constitution has to be amended to clarify the wording but im guessing with the slow procedures in India, no one can be bothered to waste years in the court/judicial system.
I have a PIO since the very early days (1000 US$ and 20 yr validity) and it works like a charm. Used to have a indian passport so showing my old cancelled & expired kiddie passport did the trick at the consulate to prove lineage
When the OCI option came out I compared the features and stuck to the PIO.
Technically the PIO card is treated as a 'P' type visa and the OCI is a 'U' type visa in the BoI/MHA database.
I have OCI since past 3 years and hold a US passport. Like everyone mentioned OCI has a permanent visa stamp on US passport. Plus there is a OCI booklet which comes alongwith. I am not sure if you can enter enter just using the OCI booklet.
Are there any real benefits to having one or the other?
OCI is valid indefinitely with no registration, PIO needs renewal and registration with FRRO when in India >180days. Both give you NRI status and no hassles entry/exit into India. PIO is available to spouses and kids of Indians who are otherwise not elegible for OCI.
What would be interesting to know is whether a foreign citizen is allowed to keep the PIO after divorce. My mother is right now in a war of roses with my stepfather in a spearation that is going into its 4th year and he is trying to pull the plug on her staying permit and have her deported to hold on to his fortune. Sadly she didn't apply for the PIO when it was available....
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Quote:
Originally Posted by oliver2002
My mother is right now in a war of roses with my stepfather in a spearation that is going into its 4th year and he is trying to pull the plug on her staying permit and have her deported to hold on to his fortune. Sadly she didn't apply for the PIO when it was available....
Well, if you have your documented OCI/PIO, you could apply on her behalf and counter his actions...
Nope, children can't apply for their parents. Been to the FRRO and talked to him about it... no way. I thought the FRRO in BOM was corrupt, but the one I went to takes the cake in convoluted complexity.
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Quote:
Originally Posted by oliver2002
Nope, children can't apply for their parents. Been to the FRRO and talked to him about it... no way. I thought the FRRO in BOM was corrupt,
They really are not, with the normal foreign-type, except for the "arrangements" they have made with agents? (can't prove it, but this is not that bad in terms of corruption)
Quote:
Originally Posted by oliver2002
but the one I went to takes the cake in convoluted complexity.
That's usually the first step to their "assisting" you - if you wish to go forward, then they will name their price, *if* they wish to risk their job, but generally they are extremely helpful in BOM - I (and my family) have some amazing experiences there...so therefore, in general, I would say that they are generally not corrupt, and are quite professional these days.
Hats off to one of the Indian Government divisions.
(Even ICICI Bank is *more* convulted then the Indian Government!)
I think the FRRO in BOM pushed the envelope and has been reformed after numerous complaints. I'm not dealing with them but another FRRO in a different city. In our case the State Home Ministry and the MHA agrees with the point, but the local FRRO doesn't (probably accepted something from someone).
The main issue is as a foreigner in india (even with PIO/OCI) you are a 'guest' who can be asked to leave at any time without major reason. No formal appeal court structure exists like in the US, primarily because India is not really a immigrant country. The nepalis and bangladeshis don't give two hoots about the Foreigners Act of 1946 and the few expats and westerners who stay in India 'enjoy' the FRRO.
Both of my parents are from India who moved to the United States and are now US citizens and do not hold an OCI. I was born in the US, but never had an Indian passport. Do I qualify for the OCI?
Both of my parents are from India who moved to the United States and are now US citizens and do not hold an OCI. I was born in the US, but never had an Indian passport. Do I qualify for the OCI?
Yes you do. All you need is evidence your parents were Indians.
