Dual Citizenship in India

Written By Gautham Krishna   | Updated on January 27, 2022




This guide answers your most common queries related to Dual Citizenship in India. 

Does India allow dual citizenship?

The Constitution of India does not allow holding Indian citizenship and citizenship of a foreign country simultaneously.

What if I still hold Indian citizenship or passport after acquisition of Foreign Citizenship?

Holding an Indian passport/acquiring an Indian passport/traveling on Indian passport after acquisition of foreign citizenship constitutes an offense under the Indian Passport Act, 1967, and attracts penalties. '

The Government of India has prescribed imposition of penalty on a graded scale, depending on number of trips made on Indian passport after acquiring foreign nationality, for the violation of Passport Rules and retention of Indian Passport for more than 3 years after acquiring of foreign nationality.

India Dual Citizenship penalty

Can Indian keep 2 citizenships?

Indians cannot keep 2 citizenships.

Is it Illegal to keep Indian passport and Foreign passport?

INDIAN passport must be surrendered within 90 days of foreign naturalization even if the foreign passport is obtained later. It is illegal to travel on Indian passport after obtaining foreign naturalization. Penalties apply. These charges are additional to the normal charges for visa and other consular services being sought. 

How to do Renunciation of Indian Citizenship or Surrender Indian Passport?

Renunciation/Surrender Certificate is issued to applicants who surrender their Indian passport after acquiring foreign nationality.    Surrender Certificate and Renunciation Certificate are the same. Once you acquire foreign citizenship you have to surrender your last held Indian passport to Indian Consulate for cancellation. Consulate will cancel and return it to you along with a Renunciation/Surrender Certificate. 

Detailed step-by-step procedure on Renunciation of Indian Citizenship is provided in the guide below.

Renunciation of Indian Citizenship or Surrender of Indian Passport

What is OCI?

Once you have surrendered Indian passport and has acquired foreign citizenship you can get Overseas Citizens of India (OCI) status.

It is similar to permanent residency and offers several benefits. 

Registered OCIs shall be entitled to following benefits:

(i) Multiple entry, multi-purpose life long visa to visit India;

(ii) Exemption from reporting to Police authorities for any length of stay in India; and

(iii) Parity with NRIs in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.

The government of India issues a document called OCI card to all people who have been given this status.

Who can be OCI in India?

Persons of Indian Origin (PIOs) of certain categories who migrated from India and acquired citizenship of a foreign country other than Pakistan and Bangladesh, are eligible for grant of OCI as long as their home countries allow dual citizenship in some form or the other under their local laws.

Is OCI dual citizenship?

OCI doesn't provide dual citizenship.OCI is a legal status given to a person of Indian origin who has given up Indian citizenship. 

OCI will not be entitled to apply for and obtain a normal Indian passport. Indian Passports are given only to an Indian citizen.

Since you are not a citizen, you cannot vote and you cannot run for a public office or contest an election.

Can OCI buy land in India?

You cannot buy agricultural land or plantations in India. However, you may continue to hold such property you had before giving up Indian citizenship and also inherit it

Can OCI get Indian citizenship?

A person registered to OCI is eligible to apply for the grant of Indian citizenship if he/she is registered as OCI for five years and has been residing in India for one year out of five years before making the application.

Can I work in India with OCI?

You can work in India with an OCI card. The OCI card or Overseas Citizenships of India card is a lifelong visa to visit and reside in India, sparing them the need for permits. OCI holders are treated on par with NRIs for economic, financial, and educational matters and lack only political rights and rights to buy agricultural or plantation properties.

Wrapping Up

Well, we hope that you get a basic idea about Dual Citizenship laws in India. This guide will be useful if you have the following queries as well.

  • Can I have dual citizenship in the US and India?
  • How to apply for dual citizenship USA and India?
  • Will india offer dual citizenship?
  • India US dual citizenship
  • India Canada dual citizenship

Kindly let us know if you have any queries.

FAQs

What are some common queries related to Citizenship?
You can find a list of common Citizenship queries and their answer in the link below.
Citizenship queries and its answers
Where can I get my queries related to Citizenship answered for free?
Tesz is a free-to-use platform for citizens to ask government-related queries. Questions are sent to a community of experts, departments and citizens to answer. You can ask the queries here.
Ask Question
Can an OCI Card holder renounce his OCI status?
Yes, he/she has to declare their intention of renunciation in Form XXII to the Indian Mission/Post where OCI registration was granted. After receipt of the declaration, the Indian Mission/Post shall issue an acknowledgment in Form XXII A.
Are Minor children eligible for OCI Card?
Yes, minor children whose both parents are citizens of India or one of the parents is a citizen of India are eligible for OCI Card.
Can foreign nationals, who are not otherwise eligible for OCI, get OCI if they are married to persons who are eligible for OCI?
Yes, the 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 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.
I have a valid OCI Card and a valid foreign passport. Is there any minimum validity specified for my foreign passport?
You will be allowed entry into India if you have a valid OCI Card and a valid foreign passport. You do not need to carry the old passport on which your U (OCI) Visa was stamped, if that happens to be different from your current passport.
Are foreign military personnel of Indian origin eligible for OCI cards?
No, foreign military personnel either in service or retired are not entitled for grant of OCI. No person who has earlier served in a foreign military organization is eligible for an OCI card.
My spouse is a foreign national of non-Indian origin. I hold an OCI Card. Is my spouse entitled to an OCI Card? What about my children?
Yes, the 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 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, can apply for an OCI card. Minor children whose both parents are citizens of India or one of whose parents is a citizen of India are eligible to apply for an OCI Card.
Is a Renunciation Certificate compulsory before I apply for an OCI Card?
Yes, a Renunciation Certificate is compulsory before applying for an OCI card.
I have recently acquired a new passport; do I need to re-issue my OCI card?
OCI Card renewal is only required once after acquiring a new passport after turning 20 years of age.