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NEW DELHI – India has changed the rules for holders of Overseas Citizenship of India (OCI) cards, an immigration status for foreign nationals of Indian origin, causing much concern, particularly among those living and working in the country .
A type of permanent residence for foreign nationals of Indian origin, OCI, which was introduced in 2005, allowed visa-free travel and holders enjoyed the same rights as an Indian citizen, except to own agricultural land, vote, and get a job in the government. .
It was seen as a way of acknowledging ties with hundreds of thousands of Indian citizens who had acquired foreign citizenship but maintained strong ties, particularly through family, with their country of origin.
But on March 4, a government notification said OCI holders would need to obtain special permission from the Indian government to carry out any tabligh or missionary, mountaineering and journalistic activities.
A special permit would also be required for those undertaking an internship or employment in any foreign diplomatic missions or foreign government organizations, as well as for those visiting protected or restricted areas in India.
The new rules were extended to students with OCI cards. They would no longer be able to obtain places in educational institutes through the general category of Indian citizens, but through places assigned to Non-Resident Indians (NRIs), who are Indian citizens living abroad.
The changes caused concern among OCI cardholders, particularly those who have returned to India to build a new life for themselves.
Mr. Naren Thappeta, a patent advocate who returned to India in 2002 from the United States and currently holds an OCI card, said: “The OCI scheme does not give us comfort in planning our lives in India. Basically, the Scheme has been very confusing as to our legal status in India.
“Many multinational executives and start-ups are concerned. With the various restrictions, even for resident ICOs, it is worrying to build a life here.
“We hope that the government will learn from the OCI scheme and realize the need to grant true dual citizenship to those who seriously commit to India. With globalization, people like us connect with India and with another country. The rules in most developed countries have changed to accommodate that and sadly only Indian laws are left behind, “he added.
Prime Minister Narendra Modi has always paid special attention to Indians with foreign citizenship, making it a point to meet and address them on their trips abroad.
There are 28 million people of Indian origin living abroad and this includes six million OCI cardholders, of whom 63,290 are Singaporean, according to government records.
Prashant Reddy T, attorney and co-author of Create, Copy, Disrupt: India’s Intellectual Property Dilemmas, said the rules were sparked by a series of court rulings related to OCI cardholders.
One was a Delhi High Court ruling that detained the Home Office for canceling the OCI card of an American Indian doctor for evangelical activities while offering free medical services to the poor in Bihar state.
Another was an order from the Karnataka High Court stating that students in the OCI category must be considered “citizens of India” for admission to professional courses.
“The government, in one case, argued that they (the OCI holders) are all foreign nationals. Fundamentally, they have tried to crystallize this through notification,” Reddy said.
“There will be long-term implications and I anticipate a lot of litigation. There is little clarity on whether these new rules will now require OCIs to apply for work visas.”
The notice states that OCI cardholders will be treated as NRIs if they are doctors, dentists, nurses, pharmacists, lawyers, architects, and public accountants.
Government sources said the notification was intended to further clarify the “responsibility and rights” of OCI cardholders and the rules were part of a 2019 brochure, which has now been legalized through the notification.
“There are certain things that they have to fulfill,” added the sources.
OCI cardholders were also recently affected by travel restrictions imposed by India as part of a strict lockdown to prevent the spread of Covid-19. OCI cardholders were unable to travel to India between March and October last year.
“(Prime Minister) Modi is in favor of OCI. He is proud of India’s citizens abroad. Suddenly, all of this has happened,” said Prem Bhandari, president of Jaipur Foot USA, who said he was studying the new rules.
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