Overseas Citizen of India (OCI): Check New Rules by MHA for Cardholders

The Overseas Citizenship of India (OCI) card is a special document bestowing specific rights upon foreign nationals of Indian origin. It is not, however, full citizenship and carries stringent rules in terms of eligibility, use, and more importantly, disciplinary measures, including cancellation for criminal offenses.

Who Is Eligible for an OCI Card?

• Individuals of Indian origin who were Indian citizens on or after January 26, 1950.

• Who are qualified to become citizens on January 26, 1950.

• Descendants of such Indian citizens, including the grandchildren and great-grandchildren.

• Minor children who have one parent as an Indian citizen.

• Spouses of foreign origin married to an Indian citizen or to an OCI cardholder, if the marriage is registered and is for at least two years.

Exclusions:

Applicants (or their parents, grandparents, great-grandparents) who were ever citizens of Pakistan, Bangladesh, or another country specifically prohibited by the Indian government are ineligible for OCI status.

OCI Benefits and Restrictions

Key Takeaways

• The OCI card grants extensive privileges, but the MHA has introduced stricter cancellation rules for serious criminal offences: imprisonment for 2 years or being charged for an offence carrying a sentence of seven years or more are now automatic grounds for revocation.

• Convicted or accused OCI holders risk lifetime cancellation and loss of rights to visit or reside in India.

• The role of the OCI card as a privilege (not a legal right) is now central to policy.

OCI Card Privileges

• Lifelong, multiple-entry visa to travel to India.

• Waiver of registration with local police authorities for any duration of stay in India.

• Authorisation to work and study in India, purchase residential and commercial property (but not agricultural land).

• Equivalence with NRIs in terms of economic, financial, and educational advantages other than specific reserved government positions and the right to vote.

Updated Rules on Criminal Offences and Cancellation (2025)

• Recent Changes: The Ministry of Home Affairs (MHA) has drastically tightened the rules for cancellation of OCI holders as of August 2025 on criminal activity:

Reasons for Revocation

• Conviction: Registration under OCI will be subject to cancellation if the cardholder is convicted of imprisonment for a period of two years or more.

• Charged for Serious Offence: OCI status can similarly be revoked in case of being included in a chargesheet for an offence punishable with imprisonment for seven years or more—though not yet convicted.

• No Time Limit: The cancellation of criminal offences was previously within five years from the time of registration. Now, this restriction no longer holds—the new regulations apply at any point in the cardholder's lifetime.

• Other Grounds: OCI can also be cancelled for fraud, security, violation of any Indian law, or activities prejudicial to Indian interests.

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"OCI registration shall be liable to get cancelled when a person has been sentenced to imprisonment for a term of not less than two years or has been charge-sheeted for an offence carrying punishment of imprisonment for seven years or more," — MHA Gazette Notification, August 2025.

Recent Data:

Between 2014–2023, 122 OCI registrations were cancelled under these provisions; 57 more in 2024, and 15 as of May 2025.

What Happens After Cancellation?

• Travel Ban: Revoked OCI holders are not allowed to use their cards to enter India or enjoy associated privileges.

• Legal Review: Appeal is possible, but the Government of India has the last word.

• Denial of Entry for Criminals: The government reiterates the OCI is a privilege, not a right, and will firmly deny entry for those convicted/charged with serious offenses.

OCI Card: Fees, Renewal, and Compliance (2025)

• Card Renewal: Necessary only at age 20; thereafter, online passport/photo re-submissions are required for fresh passport issuance.

• Fees: Fresh card registration is approximately USD275 (with marginal variation geographically), and additional fees are charged for conversion, lost/damaged cards, etc.

• Smart Card Rollout: India is introducing digital OCI smart cards in 2025 for smooth compliance and travel.

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