• Apply of Indian passport

My husband is a foreign national he holds an OCI card which was issued 10years back he wish to apply for Indian passport.What are the docs required other than the surrender certificate(which will be issued by his country after surrendering his current passport) and OCI card?Can he apply through Tatkal scheme?Any ID proofs need to be submitted?Will police verification be carried out just like us else any other procedure?Will it be easy to get if he apply in Indian high commission in his country?In chennai is it like how we apply or any other additional procedure?
Asked 7 years ago in Civil Law

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9 Answers

Indian Government does not allow dual citizenship. if your husband have an OCI card which allows him to stay and work in India.If the OCI card holder acquires nationality of a different country after obtaining the OCI card, except that of Pakistan and Bangladesh, he/she shall also be allowed to enter/exit India on the strength of his/her new passport of the recently acquired nationality and OCI Registration Certificate (OCI card).

OCI can be used as identity proof for application of PAN Card and driving licence as well as for opening a bank account if the OCI card holder is residing in India.

OCI exempts from registration with local police authority for any length of stay in India and is at parity with Non-resident Indians (NRIs) in respect of economic, financial and educational fields, except in relation to acquisition of agricultural or plantation properties.

In such a condition if need an Indian passport then  your husband first applies for citizenship. 

 

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

Your husband can apply for Indian citizenship then only would he be issued Indian passport 

 

2) OCI holders can apply for Indian citizenship provided they have: 1. Registered as an overseas citizen of India (OCI) for five years 2. Been residing in India for one year before making an application

 

3) Form along with applicable documents mentioned on the form should be submitted to Collector/District Magistrate/Deputy Commissioner of the area where the applicant is resident

.4.The Collector/District Magistrate/Deputy Commissioner is then required to send a report on the eligibility and suitability of the applicant to the State Government within 60 days.

5.Thereafter, the application along with the recommendation of the state government is to be sent to the Ministry of Home Affairs within 30 days 

 

6)The Ministry of Home Affairs then makes the final decision to grant citizen

 

 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

As per the provisions of section 5(1) (g) of the Citizenship Act,

1955, a person who is registered as an OCI for 5 years and is residing in
India for 1 year out of the above 5 years, is eligible to apply for Indian citizenship.

After applying citizenship only he can get indian passport. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Madam,

The following information may kindly be read.

The best place to get your answer is to visit the Document Advisor page on the Passport Website. Click on the link below

Passport Seva, Ministry of External Affairs, Government of India

Documents required

  • Proof of Date of Birth
  • Proof of Address
  • Proof of Education for Non -ECR status ( Optional )

Proof of Date of Birth (DOB)

List of acceptable documents:

1 Birth Certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other prescribed authority,whosoever has been empowered under the Registration of Birth and Deaths Act, 1969 to register the birth of a child born in India

2 Transfer/School leaving/Matriculation Certificate issued by the school last attended/recognised educational board

3 Policy Bond issued by the Public Life Insurance Corporations/Companies having the DOB of the holder of the insurance policy

4 Copy of an extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concerned Ministry/Department of the applicant

5 Aadhaar Card/E-Aadhaar

6 Election Photo Identity Card (EPIC) issued by the Election Commission of India

7 PAN Card issued by the Income Tax Department

8 Driving License issued by the Transport department of concerned state Government

9 A declaration given by the Head of the Orphanage/Child Care Home on their official letter head of the organization confirming the DOB of the applicant

Proof of Address

List of acceptable documents:

1 Water Bill

2 Telephone (landline or post paid mobile bill)

3 Electricity bill

4 Income Tax Assessment Order

5 Election Commission Photo ID card

6 Proof of Gas Connection

7 Certificate from Employer of reputed companies on letter head

8 Spouse's passport copy (First and last page including family details), (provided the applicant's present address matches the address mentioned in the spouses passport)

9 Parent's passport copy, in case of minors(First and last page)

10 Aadhaar Card

11 Registered Rent Agreement

12 Photo Passbook of running Bank Account (Scheduled Public Sector Banks, Scheduled Private Sector Indian Banks and Regional Rural Banks only)

Non ECR

  • All persons having educational qualifications of matriculation and above Matriculation or Higher Educational Pass Certificate
  • All persons above the age of 50 years

  1. i) Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths
    OR
     ii) School leaving certificate / Secondary School leaving certificate/ Certificate of Recognized Boards from the school last attended by the applicant or any other recognized educational institution

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

OCI holders can apply for Indian citizenship provided they have:1.Registered as an overseas citizen of India (OCI) for five years 2.Been residing in India for one year before making an application.

On receiving notification of approval of your application for Indian citizenship, you would have to then provide a certificate of the renunciation of your foreign citizenship issued by the Mission of the country whose citizenship you renounce. Once all documentation is received, Indian citizenship is granted.

Indian citizenship application process - Step by step procedure on how to apply for Indian Citizenship1.Fill & Submit online application

2.On submission of application print generated hard copy and follow instructions shown at the end of the form.

3.Form along with applicable documents mentioned on the form should be submitted to Collector/District Magistrate/Deputy Commissioner of the area where the applicant is resident.

4.The Collector/District Magistrate/Deputy Commissioner is then required to send a report on the eligibility and suitability of the applicant to the State Government within 60 days.

5.Thereafter, the application along with the recommendation of the state government is to be sent to the Ministry of Home Affairs within 30 days.

6.The Ministry of Home Affairs then makes the final decision to grant citizenship.

7.Applicant is informed of decision of approval of application for Indian citizenship through the State Government.

8.Applicant then is required to provide proof of renunciation, provide three passport size photographs attested by a Gazette Officer and proof of payment of applicable fee.

9.Once all documents are received by the authorities a certificate of Indian citizenship is issued through the State Government.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, you can. But, if you are provided with an Indian citizenship, you will have to renounce your earlier held nationality as Indian Government does not allow dual citizenship. Yes he will have to go for police verification.

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

1. For applying for Indian passport he shall have to be declared as an Indian Citizen.

 

2. To be declared as an Indian citizen, he shal have to relinquish his foreign citizenship and take up Indian Citizensip.

 

3. Once he relinqushes his foreign citizenship and treated as an Indian Citizen, the procedure to be followed for  obtaining the Indian Passport will be same for him as followed by an ordinary Indian Cotizen including police verification.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Hello,

He will have to apply at the place where he is residing or at the place for which he has a residential prove.

Note that the police verification will be done and he will have to go to the passport office also after taking online appointment.

 

You may visit the website and may see the procedure and the list of documents required. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Use Form-II if you want to gain citizenship by marriage. 

Apply with Form-XII for naturalization.

Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal
migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve
months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfils other qualifications as specified in third schedule to the act, 1955.

Documents required as per form III section  5 1 c

A copy of valid Foreign Passport.
• A copy of valid Residential Permit/LTV.
• Evidence of his/her husband’s/wife’s Indian nationality viz. copy of the
Indian passport or birth certificate.
• A copy of marriage certificate issued by the Registrar of Marriage.
• Declaration and Oath of allegiance as specified in the form to be made
before the offices specified in the Citizenship Rules, 1955 i.e. Collector/
DM/ DC.
• Copy of Bank Challan in original amounting to Rs.500/- payable
towards declaration and Oath of allegiance deposited in the State Bank
of India under Head No.”0070-Other Administrative Services-Other
Services-receipts under the Citizenship Act”

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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