Consulate General of India,

Cape Town, South Africa

Revised guidelines for re-issuance of Overseas Citizen of India(OCI) cards.

 FAQ's on the marital dispute cases involving NRI/PIO spouses.

Update on OCI

OVERSEAS CITIZENSHIP OF INDIA (OCI) CARD - BENEFITS AND APPLICATION PROCEDURE

The Consulate General of India, Cape Town is happy to announce that it has started processing applications for Overseas Citizen of India (OCI) cards from members of Indian diaspora with effect from May, 2018.

1. Multiple entry lifelong visa for visiting India for any purpose (However OCI Cardholders will require a special permission to undertake research work in India for which they may submit the application to the Indian Mission/Post/FRRO concerned).

2. Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India.

3. Parity with Non-Resident Indians (NRIs) 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.

4. Registered Overseas Citizen of India Cardholder shall be treated at par with Non-Resident-Indians in the matter of inter-country adoption of Indian children.

5. Registered Overseas Citizen of India Cardholder shall be treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India.

6. Registered Overseas Citizen of India Cardholder shall be charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India.

7. Parity with Non-Resident Indians (NRI) in respect of:

1. entry fees to be charged for visiting the national monuments, historical sites and museums in India;

2. pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:

• doctors, dentists, nurses and pharmacists;

• advocates;

• architects;

• chartered accountants;

8. to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts.

9. State Governments should ensure that the OCI Cardholder registration booklets of OCI Cardholders are treated as their identification for any services rendered to them. In case proof of residence is required, Overseas Citizens of India Cardholder may give an affidavit attested by a notary public stating that a particular/specific address may be treated as their place of residence in India and may also in their affidavit give their overseas residential address as well as e-mail address, if any.

The OCI Cardholder is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold Constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc. The OCI Cardholder shall not be entitled for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may, by special order, in that behalf, specify. Further, as stated in para 5 above, the OCI Cardholder cannot acquire agricultural or plantation properties in India.

1. Who was a citizen of India at the time of, or at any time after the commencement of the Constitution of India i.e. 26.01.1950; or

2. Who was eligible to become a citizen of India on 26.01.1950; or

3. Who belonged to a territory that became part of India after 15.08.1947; or

4. Who is a child or a grandchild or a great grandchild of such a citizen; or

5. Who is a minor child of such persons mentioned above; or

6. Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or

7. Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application.

Applications for registration as OCI cardholder can be submitted online only at https://passport.gov.in/oci.

1. Proof of present citizenship – Copy of present valid passport (applicable in all cases), with validity of minimum 6 months at the time of submission of application.

2. Copy of Indian Passport Surrender Certificate, if applicable, and copy of cancelled passport of the applicant, if the same was surrendered.  Please note that the names should be exact in all the documents. If the spelling is different, a letter has to be obtained from the Home Department concerned that the persons mentioned in the document/s are same.

3. Copy of Unabridged Birth Certificate of the applicant.

4. Proof of Residential address in South Africa which can be any utility bill, copy of lease agreement, copy of property documents, etc.

5. Evidence of self or parents or grandparents or great grandparents-

1. Being a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or

2. Being eligible to become a citizen of India at the time of commencement of the Constitution i.e. 26.01.1950; or

3. Belonging to a territory that became part of India after 15th August, 1947.

1. Copy of the Indian Passport; or

2. Copy of the Domicile Certificate issued by the Competent Authority; or

3. Copy of Nativity Certificate from the competent authority; or

4. OCI Card/ PIO card of parents/ spouse along with the base papers/ documents upon which the OCI/ PIO card was issued; or

5. Self-attested copy of Unabridged Birth Certificate of the parents, if parents of the applicant were Indian nationals and OCI is claimed on their Indian descent

6. Any other proof substantiating the request. Usually applicants are able to submit a certificate of residence or place of birth of self/parents/grandparents from First Class Magistrate/District Magistrate (DM) of the place concerned.

6. Evidence of relationship as parent/grandparent/ great grandparent, if their Indian origin is claimed as basis for registration as OCI cardholder. The document of relationship could be “Birth Certificate” issued from competent authority mentioning both parents’ name. In case the birth certificate is issued by a foreign authority, it is to be Apostled or endorsed by the concerned Indian Mission/Post abroad. In cases the applicant’s father/grandfather or great grandfather arrived in South Africa by ship, then he/she may seek the help of Department of Archives in South Africa; one can access family records at www.national.archives.gov.za.

7. In case of minor child whose both parents are citizens of India or one of the parents is a citizen of India:

1. Copy of child’s birth certificate

2. Copy of Indian passport of the parents/one of the parents or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the parents/ one of the parents or any other proof substantiating the status of the parents/ one of the parents as being Indian citizen(s).

3. If the parents are divorced, court order of dissolution of marriage, which specifically mentions that the legal custody of the child is with the parent who is applying for the OCI card.

8. Evidence as spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI Cardholder:

1. Registered marriage certificate; and

2. In the case of spouse of an Indian citizen - copy of the Indian Passport of the spouse or copy of the Domicile Certificate or Nativity Certificate issued by the Competent Authority in respect of the Indian spouse or any other proof substantiating the status of the spouse as being an Indian citizen.

3. In the case of spouse of an OCI Cardholder - Copy of the present valid Passport of the spouse and copy of the OCI Card of the spouse and copies of the documents upon which the OCI Card was issued to the spouse

Photograph to be affixed on the application should be of square shape of size not less than 51x 51 mm (with 80% coverage of face). It should have plain light color background (not white) without the border with front view of person’s head and shoulders showing the full face in middle of the photograph. It should not be stapled and should not have any signature.

Photographs that do not conform to the above standards will be rejected and may cause delay in processing the applications.

The applicants have to submit the application form online and upload all the requisite documents (self-attested), photograph and signature (in the case of minors who cannot sign, left hand thumb impression) along with the application. After submission of the complete application online including documents, photograph and signature, the original of the supporting documents have to be submitted at the Consulate General of India, Cape Town for prior verification. No hardcopy of the application is to be submitted to the Consulate; the Consulate will be responsible for verifying the supporting documents with the originals.

If there is any deficiency in the application/ uploaded documents/ photograph, the Consulate shall inform the same to the applicant by email. The applicant may then submit the required documents at the Consulate.

After submission of the documents by the Consulate, an auto email will be sent to the applicant informing “Application received and is under process”. Thereafter, the originals of the supporting documents will be returned to the applicant.

As on date, all Person of Indian Origin (PIO) cardholders with valid PIO cards as on 9.1.2015 are deemed to be Overseas Citizen of India (OCI) cardholders in terms of the notification issued by the Ministry of Home Affairs on 9.1.2015. However, all persons having valid PIO cards as on 9th January, 2015 are advised to apply for registration as OCI cardholder in view of the following advantages in possessing an OCI card:

1. OCI card is a smart card

2. Possession of an OCI card will facilitate quicker immigration clearance at the Immigration Check Posts

3. It will help in obtaining various Consular Services from the Indian Missions

4. For those who are resident in India, it will facilitate in availing various services in India.

1. Copy of the valid Passport

2. Copy of the PIO card

1. The Overseas Citizen of India Cardholder registration is required to be got re-issued each time a new passport is issued up to the age of 20 years of age and once after completing 50 years of age in view of biological changes in the face of the applicant.

2. Re-issuance of the OCI Cardholder registration is not mandatory each time a new passport is issued between 21 and 50 years of age. However, if the applicant wishes to avail this service, he/she can apply for the same.

3. For OCI Miscellaneous services, guidelines uploaded on this Ministry’s website www.mha.gov.in may please be referred to.

For any clarification/query on the scheme, please write to: cons.capetown@mea.gov.in or visit the Consulate General of India, 8thFloor, The Terraces, Bree Street, Cape Town-8001 from 1000-1300 hrs to meet the consular officials.

Below mentioned requirements are general in nature. However, applicant may be asked to submit additional documents as per requirement. Once the application is complete, hard copy of application form, other relevant documents along with their originals are to be brought to the Consulate for submission. Original passports/ documents would be returned immediately after verification.