How Indians can protect their residency rights in India after becoming German

If you renounce your Indian citizenship but still want to be sure you can return there either for visits or on a more long-term basis, the best way to do that is by applying for an OCI card.

Here, we explore what an OCI card is, the benefits of applying for one, who's eligible to get one and what you'll need to start the process. 

What is an OCI card?

OCI stands for "Overseas Citizen of India".

Having a card essentially proves that even if you're no longer an Indian national - most likely because you've naturalised as a citizen of another country - you still have Indian heritage and a connection to India. The card is specifically designed for foreign citizens with clear links to India.

It's a document issued by the Indian government and comes with certain legal privileges, while excluding others. 

What rights does an OCI cardholder have?

The most significant right an OCI cardholder has is a more or less unrestricted right to visit India without a visa for any length of time - and for essentially any reason. 

OCI cardholders essentially have a multi-entry, life-long visa to visit India for tourism, business, family reunions or any other reason - with no limit to how long they can stay. They also don't need to get an exit visa from India upon leaving.

OCI cardholders also don't have to register with the Indian authorities when in India the way other foreign nationals typically do.

They can register, however, if they become ordinarily resident in India again. If they do, the OCI card is treated as valid identification for the purpose of things like opening a bank account or applying for a driver's licence.

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OCI cardholders are allowed to work in most jobs in India. They are also allowed to own property in India.

An OCI cardholder who has been registered as an OCI in India for at least five years - and been ordinarily resident in India for at least one of those years - can also regain Indian nationality. Under Indian law, this would of course, require that person to give up any other passports they may have.

What rights does an OCI cardholder NOT have?

Despite the legal designation of "overseas citizen" - an OCI cardholder isn't considered an Indian national.

As such, an OCI cardholder cannot vote in India or stand for public office. While they are eligible to take on most jobs in India, this excludes many jobs with the government. 

The Indian government also requires foreign nationals to have its approval for certain activities - and this requirement is also extended to OCI cardholders too. These activities include mountaineering, missionary work, visiting a restricted area, or journalism.

Who can get an OCI card?

Only non-Indian nationals can get OCI cards, but they typically have to have been Indian nationals in the past, or descended from someone who was. That's why an OCI card is particularly well-suited for an Indian who has made the difficult decision to renounce Indian nationality to become German.

Any person who was eligible for Indian citizenship on January 26th, 1950 or who had Indian citizenship at any point on or after that date can apply for an OCI card.

In addition, anyone who belonged to a territory of India after August 18th, 1947 is potentially eligible for an OCI card.

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Any children or grandchildren of the above three eligible groups are also eligible for an OCI card.

That means that children born to someone who was previously an Indian citizen but renounced Indian citizenship before that child was born should normally still be able to get an OCI card.

Even some great-grandchildren of these people might be eligible today - provided that they apply for the OCI card before they turn 18.

Beyond previous Indian citizens, there is another group of people who can get an OCI card: spouses. The spouse of either an Indian national or an OCI cardholder is eligible to apply for their own OCI card after at least two years of legal marriage. This goes even for spouses who have never been Indian nationals.

Although the legislation governing OCI uses the gender-neutral term of "spouse", Indian courts and the government have yet to rule or clarify whether OCI rights also apply to same-sex spouses. As of June 2024, several cases relating to whether same-sex spouses have OCI rights had gone before Indian courts.

Who can NOT get an OCI card?

People who don't fulfil the above conditions cannot get an OCI card.

Somewhat more confusingly, there are also certain groups that remain barred from an OCI card - even if they would ordinarily meet the requirements.

If an OCI applicant has ever been a citizen of Pakistan or Bangladesh, they cannot apply. This provision also applies even if they never held Pakistani or Bangladeshi citizenship, but their parents or grandparents did.

In addition, anyone who has ever served in the military of a country other than India isn't eligible for an OCI card - even if they meet all of the other requirements.

If I'm eligible, how do I go about getting an OCI card?

An OCI card is an official document from the Indian government - so you need to get it at your responsible Indian embassy or consulate. India has missions in Berlin, Hamburg, Düsseldorf, Frankfurt, and Munich.

As an OCI card is designed for foreign nationals, you will need to prove that you've renounced your Indian nationality and surrendered your Indian passport in order to apply for an OCI card.

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To do this, you apply for a Surrender Certificate. For surrender, you'll need to provide a copy of your German passport, naturalisation certificate, and city registration (Anmeldung).

You'll also need to submit your original Indian passport. Note that all people who have renounced Indian nationality - often by acquiring another country's passport - are legally required to surrender their Indian passport as soon as possible. Before you do though, make sure you make a copy of the page with your details on it, as you're going to need that for your OCI application.

Once you have your Surrender Certificate, you can apply for your OCI card. You'll need a lot of the same documents, like your German passport, city registration, and naturalisation certificate. You'll also need a copy of the Indian passport you've surrendered and two recent 50x50 photos.

Children applying for an OCI will also have to bring their birth certificate and proof of their parent's previous Indian citizenship. Spouses will additionally need a marriage certificate along with their spouse's information. 

A full checklist of application materials is available from the Indian authorities.