Overseas Citizen of India (OCI) Card Eligibility

HomeNRI CornerOverseas Citizen of India (OCI) Card Eligibility

In order to be eligible for OCI card, applicants should meet one of the OCI card eligibility requirements. Persons applying for OCI card may apply as long as they meet any of the OCI eligibility criteria below. Applicant is eligible if he/she is:

  • A citizen of another country who was an Indian citizen during or after the commencement of the Constitution;
  • A citizen of another country who was eligible to become an Indian citizen during the commencement of the Constitution;
  • A citizen of another country who belonged to a territory that became a part of India after August 15, 1947;
  • A child, grandchild, or great grandchild of any of the three above-mentioned citizens;
  • A minor child of any of the four above-mentioned persons;
  • A minor child whose parents are both Indian citizens;
  • A minor child whose only one parent is an Indian citizen;
  • A foreign spouse of an Indian citizen who have been married for at least two years before applying for OCI card;
  • A foreign spouse of an OCI cardholder registered under section 7A who have been married for at least two years before applying for OCI card.

For specific OCI card eligibility criteria based on your OCI category, see the below OCI requirements for each of the OCI categories.

OCI Card USA and Non USA Passport Holders (Adult)

Adults of Indian origin holding a USA passport may apply for OCI card if they meet the following OCI card eligibility requirements. Applicants:

  • Were eligible to become an Indian citizen on or after January 26, 1950;
  • Were Indian citizens on or after January 26, 1950;
  • Belonged to a territory that became a part of India after August 15, 1947; or
  • Are a child or grandchild of any of the persons described in the three above criteria.

OCI Card for Foreign Spouse of Person of Indian Origin USA and Non USA Passport Holders

Adults holding a USA passport whose spouse is a person of Indian origin may apply for OCI card if they meet the following OCI card eligibility requirements. Applicants:

  • Are married to an Indian citizen and has been married to the Indian citizen for at least two continuous years before applying for OCI card; or
  • Are married to an OCI cardholder registered under section 7A and has been married to the OCI cardholder for at least two continuous years before applying for OCI card.

The following applicants under this OCI category are not eligible to apply for OCI card.

  • Applicant or applicant’s parents, grandparents, or great grandparents have ever been citizens of Pakistan or Bangladesh;
  • Applicant’s marriage to Indian citizen or OCI cardholder has not been registered and subsisted for an least two continuous years before OCI application;
  • Applicant’s Indian spouse is deceased;
  • Non Indian persons who are current or retired military, police, Armed Forces, etc. members; and
  • Non Indian Civil Government workers in Ministry of Defense who are IT engineers or civil contractors.

OCI Card USA and Non USA Passport Holders (Minor)

Minors of Indian origin holding a USA passport may apply for OCI card if they meet the following OCI requirements. Applicants:

  • Were eligible to become an Indian citizen on or after January 26, 1950;
  • Were Indian citizens on or after January 26, 1950;
  • Belonged to a territory that became a part of India after August 15, 1947; or
  • Are a child or grandchild of a person described in any of the three above criteria.

Exceptions to OCI Card Eligibility

The following OCI card eligibility exceptions describe persons who are NOT eligible for OCI card.

  • Active or retired foreign military personnel or children of active or retired foreign military personnel
  • Spouse of active or retired foreign military personnel (Former Indians ARE eligible)
  • Civil Government IT engineers/civil contractors or children of Civil Government IT engineers/civil contractors working in Ministry of Defense
  • Spouse of Civil Government IT engineers/civil contractors (Former Indians ARE eligible)
  • Prior citizens of Pakistan or Bangladesh, or children/grandchildren/great grandchildren of prior citizens of Pakistan or Bangladesh
  • Foreign born children whose one or both parents are Indian nationals or former Indian nationals, including:

    • Step children and adopted children
    • Child of single parent whose other parent’s nationality is not available
    • Minor foreigners born out of live-in relationships whose parents later got married or continued live-in relationship
    • Surrogate babies

Note

Children who had an Indian passport ARE eligible once they reach age 18.
  • Foreign spouse applying on basis of spouse who has deceased or separated
  • Foreign children who have one foreign parent and one Indian parent, and Indian parent has deceased
  • Foreign children whose foreign parent and Indian parent have divorced
  • Foreign spouse applying on basis of naturalized Indian spouse who is not an OCI cardholder
  • Foreign spouse applying on basis of Indian spouse who does not currently hold an Indian passport
  • Foreign spouse applying on basis of spouse, but have not been married for at least two continuous years
  • Non USA passport holders who have temporary visa status like B1 or B2

If you meet the OCI eligibility requirements, then you can apply for OCI card. To learn more about applying for OCI, visit OCI Card Application Procedure.

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