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PIO V/S OCI

Aug 25, 2015


PERSON OF INDIAN ORIGIN (PIO) CARD
A Person of Indian Origin (PIO) means a foreign citizen (except a national
of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan, Sri Lanka and
Nepal) :
who at any time held an Indian passport Or
who or either of their parents/ grand parents/ great grand parents
was born and permanently resident in India as defined in Government of
India Act, 1935 and other territories that became part of India thereafter
provided neither was at any time a citizen of any of the aforesaid
countries ; Or
Who is a spouse of a citizen of India or a PIO
Benefits of a PIO card:-
(i) PIO card holders do not require a visa to visit India for a period of
15 years from the date of issue of the PIO card.
(ii) They are exempted from registration at FRRO/FRO if their stay
does not exceeds 180 days, Incase if the stay exceeds 180 days, they
shall have to register with FRRO/ FRO within the next 30 days.
(iii) They enjoy parity with NRIs in economic, financial and educational
benefits like:-
Acquisition, holding, transfer and disposal of immovable properties
in India, except agricultural/ plantation properties
Admission of children to educational institutions in India under
general category quota for NRIs, including medical and engineering
college, IITs, IIMs etc
Availing Various housing schemes of LIC of India, State Government
and Central Government agencies All future benefits that would be
exempted to NRIs would also be available to the PIO card holders.
However, PIOs do not enjoy employment rights in Government of India
services nor can they hold any constitutional office in the Government of
India. They need prior permission for undertaking mountaineering,
missionary activities, research work and to visit restricted areas in India.
Oversees Citizenship of India Scheme: In response to persistent
demands for "dual citizenship" particularly from the Diaspora in North
America and other developed countries and keeping
in view the Government's deep commitment towards fulfilling the
aspirations and expectations of Overseas Indians, the Overseas
Citizenship of India (OCI) Scheme was introduced by amending the
Citizenship Act, 1955 in August 2005. The Scheme was launched
during the Pravasi Bharatiya Divas convention 2006 at Hyderabad. The
Scheme provides for registration as Overseas Citizen of India (OCI) of all
Persons of Indian Origin (PIOs) who were citizens of India on 26th
January, 1950 or there after or were eligible to become citizens of India
on 26th January, 1950 except who is or had been a citizen of Pakistan,
Bangladesh or such other country as the Central Government may, by
notification in the Official Gazette, specify.
OCI is not to be misconstrued as 'dual citizenship'.
OCI does not confer political rights. The registered Overseas
Citizens of India shall not be entitled to the rights conferred on a citizen of
India under article 16 of the Constitution with regard to equality of
opportunity in matters of public employment.
BENEFIT: A registered Overseas Citizen of India is granted multiple
entry, multi purpose, life-long visa for visiting India, he/she is exempted
from registration with Foreign Regional Registration Officer or Foreign
Registration Officer for any length of stay in India, and is entitled to
general 'parity with Non-Resident Indians in respect of all facilities
available to them in economic, financial and educational fields except in
matters relating to the acquisition of agricultural or plantation properties'.
Specific benefits/parity is notified by the Ministry from time to time
In 2015 Indian Parliament passed a bill to amend the Citizenship Act 1955
to remove disparity between Persons of Indian Origin (PIO) and Overseas
Citizens of India (OCI) cardholders.

Merging of the two cards would extend the relaxed visa norms and rules
governing acquiring of property in India that OCI card holders enjoy to
those who also hold PIO cards. The PIO card holders can now hope to get
lifelong multiple entry visas and exemption from appearance at the local
police station. Currently, PIO card holders are eligible for 15-year visas.
Some of the Provision of Citizenship Amendment Bill 215 are:
At present one year continuous stay in India is mandatory for
Indian Citizenship which is relaxed stating that if the Central Government
is satisfied that special circumstances exist, it may, after recording such
circumstances in writing, relax the period of twelve months specified upto
a maximum of thirty days which may be in different breaks.
Enable for registration as Overseas Citizen of India (OCI) by a
minor, whose parents are Indian Citizens.
Constitutional rights such as equality of opportunity in matters of
employment, appointment as judge of the Supreme Court or high courts
will not be extended.
Merger of Overseas Citizen of India and Persons of Indian Origin
schemes: Currently, the central government provides for two schemes for
Indian origin persons, and their families, the Persons of Indian Origin card
and the Overseas Citizen of India card. Persons of Indian Origin enjoy
fewer benefits than Overseas Citizens of India. For example, they are
entitled to visa free entry into India for 15 years, while Overseas Citizens
of India are provided a life-long visa. The Bill provides that the central
government may notify that Persons of Indian Origin cardholders shall be
considered to be Overseas Citizen of India cardholders from a specified
date.
Registration may also be cancelled by the central government.
Grounds laid down for cancellation range from obtaining OCI through
fraud or false representation to trading with an enemy of India when the
country is at war
Renunciation and cancellation of overseas citizenship: The Act
provides that where a person renounces their overseas citizenship, their
minor child shall also cease to be an Overseas Citizen of India. The Bill
extends this provision to cover spouses of Overseas Citizen of India
cardholders. The Bill also allows the central government to cancel the
Overseas Citizenship of India card where it is obtained by the spouse of
an Indian citizen or Overseas Citizen of India cardholder, if:

(i) the marriage is dissolved by a court, or


(ii) the spouse enters into another marriage even while the first marriage
has not been dissolved.
PIO V/S OCI Aug 25, 2015 PERSON OF INDIAN
ORIGIN (PIO) CARD A Person of Indian Origin (PIO)
means a foreign citizen (except a national of
Pakistan, Afghanistan Bangladesh, China, Iran,
Bhutan, Sri Lanka and Nepal) : who at any time held
an Indian passport Or who or either of their parents/
grand parents/ great grand parents was born and
permanently resident in India as defined in
Government of India Act, 1935 and other territories
that became part of India thereafter provided neither
was at any time a citizen of any of the aforesaid
countries ; Or Who is a spouse of a citizen of India or
a PIO Benefits of a PIO card:- (i) PIO card holders do
not require a visa to visit India for a period of 15
years from the date of issue of the PIO card. (ii) They
are exempted from registration at FRRO/FRO if their
stay does not exceeds 180 days, Incase if the stay
exceeds 180 days, they shall have to register with
FRRO/ FRO within the next 30 days. (iii) They enjoy
parity with NRIs in economic, financial and
educational benefits like:- Acquisition, holding,
transfer and disposal of immovable properties in
India, except agricultural/ plantation properties
Admission of children to educational institutions in
India under general category quota for NRIs,
including medical and engineering college, IITs, IIMs
etc Availing Various housing schemes of LIC of India,
State Government and Central Government agencies
All future benefits that would be exempted to NRIs
would also be available to the PIO card holders.
However, PIOs do not enjoy employment rights in
Government of India services nor can they hold any
constitutional office in the Government of India. They
need prior permission for undertaking
mountaineering, missionary activities, research work
and to visit restricted areas in India. Oversees
Citizenship of India Scheme: In response to
persistent demands for "dual citizenship" particularly
from the Diaspora in North America and other
developed countries and keeping in view the
Government's deep commitment towards fulfilling the
aspirations and expectations of Overseas Indians, the
Overseas Citizenship of India (OCI) Scheme was
introduced by amending the Citizenship Act, 1955 in
August 2005. The Scheme was launched during the
Pravasi Bharatiya Divas convention 2006 at
Hyderabad. The Scheme provides for registration as
Overseas Citizen of India (OCI) of all Persons of
Indian Origin (PIOs) who were citizens of India on
26th January, 1950 or there after or were eligible to
become citizens of India on 26th January, 1950
except who is or had been a citizen of Pakistan,
Bangladesh or such other country as the Central
Government may, by notification in the Official
Gazette, specify. OCI is not to be misconstrued as
'dual citizenship'. OCI does not confer political rights.
The registered Overseas Citizens of India shall not be
entitled to the rights conferred on a citizen of India
under article 16 of the Constitution with regard to
equality of opportunity in matters of public
employment. BENEFIT: A registered Overseas Citizen
of India is granted multiple entry, multi purpose, life-
long visa for visiting India, he/she is exempted from
registration with Foreign Regional Registration Officer
or Foreign Registration Officer for any length of stay
in India, and is entitled to general 'parity with Non-
Resident Indians in respect of all facilities available to
them in economic, financial and educational fields
except in matters relating to the acquisition of
agricultural or plantation properties'. Specific
benefits/parity is notified by the Ministry from time to
time In 2015 Indian Parliament passed a bill to
amend the Citizenship Act 1955 to remove disparity
between Persons of Indian Origin (PIO) and Overseas
Citizens of India (OCI) cardholders. Merging of the
two cards would extend the relaxed visa norms and
rules governing acquiring of property in India that
OCI card holders enjoy to those who also hold PIO
cards. The PIO card holders can now hope to get
lifelong multiple entry visas and exemption from
appearance at the local police station. Currently, PIO
card holders are eligible for 15-year visas. Some of
the Provision of Citizenship Amendment Bill 215 are:
At present one year continuous stay in India is
mandatory for Indian Citizenship which is relaxed
stating that if the Central Government is satisfied that
special circumstances exist, it may, after recording
such circumstances in writing, relax the period of
twelve months specified upto a maximum of thirty
days which may be in different breaks. Enable for
registration as Overseas Citizen of India (OCI) by a
minor, whose parents are Indian Citizens.
Constitutional rights such as equality of opportunity
in matters of employment, appointment as judge of
the Supreme Court or high courts will not be
extended. Merger of Overseas Citizen of India and
Persons of Indian Origin schemes: Currently, the
central government provides for two schemes for
Indian origin persons, and their families, the Persons
of Indian Origin card and the Overseas Citizen of
India card. Persons of Indian Origin enjoy fewer
benefits than Overseas Citizens of India. For
example, they are entitled to visa free entry into
India for 15 years, while Overseas Citizens of India
are provided a life-long visa. The Bill provides that
the central government may notify that Persons of
Indian Origin cardholders shall be considered to be
Overseas Citizen of India cardholders from a specified
date. Registration may also be cancelled by the
central government. Grounds laid down for
cancellation range from obtaining OCI through fraud
or false representation to trading with an enemy of
India when the country is at war Renunciation and
cancellation of overseas citizenship: The Act provides
that where a person renounces their overseas
citizenship, their minor child shall also cease to be an
Overseas Citizen of India. The Bill extends this
provision to cover spouses of Overseas Citizen of
India cardholders. The Bill also allows the central
government to cancel the Overseas Citizenship of
India card where it is obtained by the spouse of an
Indian citizen or Overseas Citizen of India cardholder,
if: (i) the marriage is dissolved by a court, or (ii) the
spouse enters into another marriage even while the
first marriage has not been dissolved.

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