Jul 26, 2011 02:37 PM
The Indian government has introduced a People of Indian Origin (PIO) card, which will allow those with Indian origins to travel to India without a visa. To obtain a PIO card, individuals of Indian origin cannot be living in Pakistan or Bangladesh. Anyone who has ever held an Indian passport is eligible for the PIO card, but for Indians who were born in America or another country besides India, eligibility requirements for the PIO card are more complicated.
To clear any confusion, it is important to understand what it means to be of “Indian origin.” Anyone who was born in India or permanently resided there is eligible for the card. If either of the parents, grandparents or great-grandparents was born or has permanently resided in India, that individual is eligible for a PIO card. If a person meets the eligibility requirements, then that person’s spouse will also be eligible for the card. However, if the individual himself, his spouse, either of his parents, grandparents or great-grandparents were citizens of Pakistan or Bangladesh at any time, that individual may be ineligible.
The foremost benefit of obtaining a PIO card is the ability to travel to India without a visa. No employment or student visa is required for those looking to work or study in India. One can stay in the country continuously for up to 180 days without registering with the Foreigners Registration Officer. Although they will have no political rights in India, those with PIO cards will receive many of the same benefits as those with NRI (Non Resident Indian) status in terms of economic, financial, educational matters. PIO cardholders will enjoy:
(a) Acquisition, holding, transfer and disposal of immovable properties in India except of agricultural/plantation properties;1
(b) Admission of children in educational institutions in India under the general category quota for NRIs - including medical / engineering college, IITs, IIMs etc.1
(c) Various housing schemes of Life Insurance Corporation of India, State Governments and other Government agencies.
Non-Indian citizens have one more option. Such persons can apply for a Overseas Citizenship of India (OCI). While the name “Overseas Citizenship of India” is misleading since dual citizenship is illegal under Indian law, an OCI card is most analogous to dual citizenship. To be eligible for an OCI, persons must make sure their current country of citizenship allows some form of dual citizenship. If the applicant or either one of his parents or grandparents were citizens or were eligible to become citizens of India after January 26, 1950, then the OCI option is available. http://www.cgihouston.org/pio.html#2
Many of the benefits and restrictions of the PIO card and the OCI card are the same, but there are minor differences. OCI status allows multiple entries into India and is a multi-purpose life long visa to visit the country. Persons with OCI status do not have to report their length of stay in the country, whereas PIO cardholders must report to the authorities if their stay exceeds 180 days. OCI and PIO cardholders have the same financial, economic and educational benefits. Similar to PIO holders, OCI holders cannot purchase or acquire agricultural or plantation land. An individual with an OCI can become a citizen of India within five years if they have spent one of the five years residing in India. Persons who hold a PIO can obtain an OCI, but will have to surrender their PIO cards to do so. Most importantly, a PIO card is only valid up to fifteen years from the date of issue, and it is subject to the passport’s validity. An OCI card is lifelong and is not subject to the expiration date of the passport.
The information in this article is subject to change. For further information, please refer to the official website of the Indian Consulate in your jurisdiction.
http://www.immihelp.com/nri/pio-vs-oci.html
Shalini Bhatia, Intern , NEERA BAHL & ASSOCIATES
NEERA BAHL, ESQ.
Principal Attorney
neera@bahllaw.com
