Dual Citizenship - Rules and Benefits for Indians

What is Dual Citizenship ?

Dual citizenship is the status of holding more than one nationality, allowing individuals to enjoy rights and privileges in each country. This status enables them to live, work, and study in multiple nations while providing benefits like access to education, healthcare, and social security. Dual citizens typically hold multiple passports, which often grant them visa-free travel to many countries.

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Does India Permit Dual Citizenship 

India does not permit dual citizenship as the constitution lacks provisions for it. Instead, an Indian citizen can obtain a second passport from another country, but in doing so, they are required to renounce their Indian citizenship. 

The Passports Act of 1967 mandates that every Indian resident surrender their passport to the nearest embassy upon acquiring citizenship from another country. Individuals obtaining foreign citizenship must then acquire Overseas Citizens of India (OCI) status. 

The requirements for dual citizenship include the following: 

  1. Individuals voluntarily seeking citizenship of a foreign state, according to Articles 5, 6, and 8 will lose their Indian citizenship. 
  2. They will adopt the nationality of the foreign state for which they applied. 
  3. Individuals must surrender their Indian passport and other documents proving Indian citizenship at the nearest Indian embassy. 

While dual citizenship is not provided for in India, individuals can opt for an OCI card, offering various benefits, some of which are discussed below. 

Benefits of Dual Citizenship 

The benefits of dual citizenship are given below: 

  1. The freedom to reside, work, and conduct business indefinitely in both India and another chosen country is granted to those with dual citizenship. 
  2. Having multiple passports is permissible for individuals with dual citizenship. Additionally, possessing a stronger passport from another country may increase the likelihood of obtaining "visa on arrival." 
  3. In times of unrest or instability in one country, individuals with dual citizenship have the option to relocate to the other country where they hold citizenship, providing a valuable contingency plan. 
  4. Other advantages include the issuance of multiple entry life-long visas, the ability to own assets and property, and being charged the same entry fee as domestic Indian visitors for visiting wildlife sanctuaries and national parks if registered as an Overseas Citizen of India (OCI). 
  1. Furthermore, OCI holders enjoy parity with Non-Resident Indians (NRIs) in appearing for exams such as the All India Pre-Medical Test, making them eligible for admissions as per relevant Acts. 

One can apply for an Indian citizenship after giving up their respective country’s citizenship. This element is contingent upon the most recent terms and conditions, though. 

How to Apply for Dual Citizenship 

If you are looking for a citizenship in India, then you will have to apply for Overseas Citizen of India (OCI) card. You will have to be careful during the application process as any wrong information means you may lose your citizenship in the residing country too.  

Given below are the steps to apply for an OCI card: 

  1. Click on the link https://ociservices.gov.in/ to apply for an OCI card. 
  2. Verify the eligibility criteria and documentation prerequisites before initiating the application process 
  3. Proceed to the ‘Apply Online’ section to complete and submit the form.  
  4. Afterward, generate two hard copies of the application, including the ITAR number. 
How to Apply for Dual Citizenship

Overseas Indian Citizenship (OCI)

Some of the things you must know about OCI are given below: 

  1. The Indian Constitution prohibits dual citizenship, but the Government of India allows Overseas Citizenship of India (OCI) for persons of Indian Origin (PIOs) who hold citizenship in a foreign country other than Pakistan or Bangladesh.  
  2. OCI holders do not have voting rights or eligibility for certain constitutional posts. 
  3. They can apply for Indian citizenship after residing in India for five years as an OCI, including one year immediately before the application.  
  4. Applications must be submitted to Indian missions/posts, with photos, signatures, and relevant documents.  
  5. The processing time for OCI cards is approximately 8 to 12 weeks. 
  6. OCI cardholders must renew their card each time they obtain a new passport until they reach the age of 20 years.  
  7. After turning 50 years, they need to renew their OCI card once upon acquiring a new passport.  
  8. However, OCI cardholders aged between 21 years and 50 years do not need to renew their OCI card each time they receive a new passport. 

Benefits of Dual Nationality 

Registered Overseas Citizens of India (OCIs) enjoy several benefits, including: 

  1.  Lifelong multiple entry visa for visiting India for various purposes.  
  2. Exemption from the requirement to report to police authorities during their stay in India.  
  3. Equality with Non-Resident Indians (NRIs) in financial, economic, and educational matters, except for acquiring agricultural or plantation properties. 

An OCI holder can apply for Indian citizenship under section 5(1) (g) of the Citizenship Act, 1955 if they have been registered as an OCI for five years and have resided in India for at least one year out of the preceding five years before applying. 

OCI Card eligibility 

According to the ministry's statement, a foreign national is eligible for registration as an OCI cardholder if they meet any of the following criteria: 

  1. They were a citizen of India on or after 26 January 1950.  
  2. They were eligible to become a citizen of India on 26 January 1950.  
  3. They belonged to a territory that became part of India after 15 August 1947.  
  4. They are a child, grandchild, or great-grandchild of such a citizen.  
  5. They are a minor child of the individuals mentioned above.  
  6. They are a minor child, and both parents are citizens of India, or one of the parents is a citizen of India. 
Which countries allow you to have dual citizenship
  1. Albania 
  2. The Gambia  
  3. Paraguay 
  4. Algeria, 
  5. Germany  
  6. Peru 
  7. American Samoa  
  8. Ghana 
  9. Philippines 
  1. Angola  
  2. Greece  
  3. Poland 
  4. Antigua & Barbuda 
  5. Grenada 
  6. Portugal 
  7. Argentina   
  8. Guatemala  
  9.  Romania  
  10. Australia  
  11. Guinea-Bissau  
  12. Russia 
  13. Armenia Haiti Saint Kitts & Nevis 
  14. Barbados  
  15. Honduras Saint Lucia  
  16. Brazil  
  17. Hong Kong Saint Vincent and Grenadines 
  18. Belgium  
  19. Hungary  
  20. Samoa 
  1. Belize  
  2. Iceland  
  3. Scotland 
  4. Benin  
  5. Iraq 
  6. Serbia 
  7. Bolivia  
  8. Ireland  
  9. Seychelles 
  10. Bosnia & Herzegovina  
  11. Israel Sierra Leone 
  12. Bulgaria  
  13. Italy  
  14. Slovenia 
  15. Burkina Faso   
  16. Jamaica   
  17. Somalia 
  18. Burundi  
  19. Jordan  
  20. South Africa 
  1. Cambodia   
  2. Kenya   
  3. Sudan 
  4. Czech Republic  
  5. South Korea  
  6. South Sudan 
  7. Canada   
  8. Kosovo  
  9. Spain  
  10. Cape Verde   
  11. Kyrgyzstan  
  12. Sri Lanka 
  13. Central African Republic  
  14. Latvia  
  15. Sweden 
  16. Chile, 
  17.  Lebanon  
  18. Switzerland 
  19. Colombia  
  20. Lithuania 
  1. Syria 
  2. Comoros  
  3. Luxembourg  
  4. Taiwan 
  5. Republic of Congo  
  6. Macau 
  7. Tajikistan 
  8. Costa Rica  
  9. Macedonia  
  10. Thailand 
  11. Ivory Coast  
  12. Mali  
  13. Tibet 
  14. Croatia  
  15. Malta  
  16. Trinidad & Tobago 
  17. Cyprus   
  18. Mauritius  
  19. Tunisia 
  20. Denmark  
  1. Mexico  
  2. Turkey  
  3. Djibouti  
  4. Moldova   
  5. Uganda 
  6. Dominica  
  7. Morocco  
  8. United Kingdom 
  9. Dominican Republic Namibia  
  10. United States 
  11. East Timor  
  12. Nauru  
  13. Uruguay 
  14. Ecuador  
  15. New Zealand  
  16. Vatican City 
  17. Egypt  
  18. Nicaragua  
  19. Venezuela 
  20. El Salvador  
  1. Niger  
  2. Vietnam 
  3. Equatorial Guinea 
  4.  Nigeria  
  5. British Virgin Islands 
  6. Fiji  
  7. Pakistan  
  8. Yemen 
  9. Finland  
  10. Panama  
  11. Zambia 
  12. France, 
  13.  Papua New Guinea   
  14. Zimbabwe 

FAQs on Dual Citizenship

  • How can someone acquire dual citizenship?

    For instance, a kid born abroad to US citizens may hold dual citizenship with the US and the country of origin. Alternatively, a person who was born with one nationality may later become a dual citizen by naturalising in another nation.

  • Are the rights and responsibilities the same in both countries for dual citizens?

    An individual who holds several citizenships is often entitled to all citizenship rights in each of the countries in which they are a citizen, including the ability to vote, obtain a passport, enter and remain in the nation, work, and own property. 

  • Do all countries allow dual citizenship?

    The number of countries that permit dual citizenship is just 49%. Even among these, there are nations like Bulgaria, Hong Kong, Cambodia, and others that grant dual citizenship to their inhabitants only through ancestry. 

  • Can someone with dual citizenship vote in both countries?

    A person with dual nationality is able to take part in both nations' political processes. This implies that they are able to run for office, cast ballots in elections, and hold positions of authority in both nations. 

  • Are there challenges associated with dual citizenship?

    The possibility of double taxation, the costly and time-consuming procedure of gaining dual citizenship, and the fact that you are now subject to the laws of two countries are disadvantages of having dual citizenship. 

  • Can dual citizenship be renounced?

    No. Losing foreign citizenship does not occur since the only citizens who can seek registration as an OCI are those whose home country permits dual citizenship in some capacity. 

  • How does dual citizenship impact travel?

    Dual citizenship can increase one's access to several nations, but it can also impose limitations on travel. For instance, some nations might restrict the use of a person's second passport by requiring them to enter and exit the nation using their citizenship passport. 

  • Do both countries recognize and acknowledge dual citizenship?

    People can hold passports from two different nations and dual nationality in countries like the US, Spain, and Turkey. However, certain nations, like India, require you to renounce your nationality in order to apply for a passport bearing a new nationality. 

  • Are there restrictions on holding public office or certain professions for dual citizens?

    Legislators may serve in more than one state or local office in certain states provided there is no chance that their duties will conflict. 

  • How does dual citizenship affect military service obligations?

    A person who is multi-national who regularly dwells in one of the nations he holds the most nationality from, being most closely connected to that country, will be released from all military duty in the other country or countries. 

  • Can children have dual citizenship?

    The child will stay a US citizen even if, while still a minor, they apply for Indian passports. The kid will forfeit US citizenship if, in front of a US consular official after reaching majority, they renounce their US citizenship in order to keep their Indian citizenship. 

  • Is it advisable to seek legal advice when considering dual citizenship?

    Having two citizenships might lead to complicated tax and legal problems. For instance, people might have to file several tax returns and be subject to various tax laws and regulations in each nation. In order to handle legal matters, they might also have to retain solicitors in both nations as they might be subject to distinct legal systems. 

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