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India! I dare you to be rich

Process for OCIs to get back Indian citizenship #2

Thanks to the internet and helpful attitude of people, I've been sent this answer by a reader. (I won't disclose his name since he chose to use email not the comments method.)
 
Well, leave it to the Indian system to think of such a difficult rule: continuous stay of 12 months in a row. Imagine something happens in this period and I have to return to Australia to see my family (which definitely isn't coming back)  – that means I have to start the 12 month clock once again.
 
I don't know many Indians (including most of my relatives) who are able to stay continuously for 12 months in India, either – everyone is busy traveling abroad for something or other all the time. If nothing else, people duck off to Singapore or Dubai for a shopping holiday.
 
So I will need to be DESPERATELY SERIOUS about returning, if I'm to give this rule a go. (That also means there must be a DESPERATE need for someone like me, a clamour – of which I don't hear any!)
 
And it doesn't mean that the moment my 12 months are over I get the citizenship certificate (The process THEN begins, through endless forms and declarations. The form is then transmitted to the Central Government which then decides. India's bureaucracy can take its own sweet time to process its endless forms and processes). That means I've got to factor another few months, if not years.
 
And finally, getting into an electoral roll won't be as easy as walking into an Election Officer's office after the citizenship is regained. I would need to give that another few weeks – at the minimum. E.g Electoral Officer will need proof of my being an "ordinary resident". As Musthafa has pointed out:

According to the Section 19 (b) of Indian People’s Representation Act and Supreme Court of India’s elaboration, State Election Department (General) has clarified the word Ordinary resident as follows.

“ That the “ordinary Resident” in a constituency as mentioned in the representation of the people act 1950, shall mean a habitual resident of that place or a resident as a matter of fact in regular, normal or usual course. It means a usual and normal resident of that place. The resident must be permanent in character and not temporary or casual. It must be as above for a considerable time, he must have the intention to dwell permanently. He must have a settled abode at that place for a considerable length of time for which a reasonable man will accept him as the resident of that state.”

And so on. And on.
 
Therefore, a minimum of 18 months (if I'm lucky), with weeks of time spent running around after bureaucrats of all sorts, seeking approvals, permissions, etc.
 
Basically a major nightmare.
 
Clearly 2014 is out. 
 
No, thanks, India. I'll come when you show some reasonableness. Not when you establish crazy processes of this sort.
 
===EMAIL RECEIVED===
 
Dear Sanjeev Ji
 
One year stay in India for an OCI need be continuous 52 weeks. In my previous mail I wrote intermittent.
 
It is made clear in rules:
 
Ministry of Home Affairs New Delhi, the 25th February , 2009
NOTIFICATION
G.S.R.124(E).- In exercise of the powers conferred by section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following rules, namely : –   
 

9. Application for registration under  clause (g) of sub-section (1) of section 5.- An application from a person registered as an overseas citizen of India, for registration as a citizen of India under clause (g) of sub-section (1) of section 5, shall not be entertained unless -  [Sanjeev: Yes, India's bureaucrats will do me the "FAVOUR"of "entertaining" my application, I being only a mere supplicant and they my MASTERS. My plan is to go and make them my SERVANTS.]
(a)  the application is made in Form VII;
(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his application being sanctioned;
(c)  he has been an overseas citizen of India for a period of at least five years and resident in India for a continuous period of one year on the date of making application; and
(d) he makes the oath of allegiance as specified in the Second Schedule to the Citizenship Act, 1955. 
 
FORM VII
[See rule 9(1)(a)]
The Citizenship Rules, 2009
APPLICATION FOR REGISTRTION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(g) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS REGISTERED AS AN OVERSEAS CITIZEN OF INDIA UNDER SECTION 7 A
Note: Please write/print in BLOCK LETTERS
PART I
PHOTOGRAPH
1. I,…………………………………………………………………………       

(mention full name) resident of (complete postal
address)…………………………………………………………………

…………………………….of full age and capacity and was born at
(with Tehsil, District, State and Country)………………………
……………………………on ………………and is a citizen of ………
2. My father’s full  name is…………………………………………….and
he was born at (with Tehsil, District, State and
Country)……………………… ……………….on…………… and is a
citizen of ……………………………………………………………….. 3.  My mother’s full name is …… …………………………………………
and she was born at(with Tehsil, District, State and
Country)……………………… ……………….on…………… and is a
citizen of ………………………………………………………………..
4. My  wife’s/husband’s  full  name is….. ……………………………… 
and he/she was born at (with Tehsil, District, State and
Country)…………………………………….on…………… and is a
citizen of …………………………………………………………………
5. I   was registered as an overseas citizen    of   India under section 7A 
vide certificate of registration No. ……………. dated………………..
    6.   Details of residence in India:
(a)   Date of entry in India                                                ……………….

(b) I have resided in India continuously
                for a period of 12 months immediately    Yes/No
      preceding the date of application
(c) During the eight years immediately
     preceding the said period of  twelve                              Yes/No

          months, I have resided in India for a 
          period amounting in the aggregate to
          not less than six years.
S.
No.
Details with address
of residence in India
for the last nine years
From  To  Years   Months
1  2  3  4  5
     7.  (a) Sex:…………………(b)Occupation………………….……………

(c) If in service, address of employer: ………………………………
(d)Mark of identification:……………………………………………

     8.  Passport particulars:
(a) Country:…………………..(b) Number…………………….
9. Visa valid up to:…………………………………………………………. 10. Details of family members who are staying in India with the applicant:
S.No.  Name  Present Address  Relationship  Age
1  2  3  4  5
    11. Details of criminal proceedings, if any:
S.No.  Nature of the
criminal
proceedings
Date and
place of
registering
the case
Present status
of the case
Judgment
of the
court
1  2  3  4  5
PART II
12. I have/have not previously renounced for been deprived of the
citizenship of India.
(If the applicant has been deprived of his  Indian Citizenship, here
State the date on which the declaration of renunciation was made; or if
he  has been deprived of his  citizenship state the date on which and the
authority by whom, the order of deprivation was made).  [Sanjeev: I have absolutely no idea what they are talking about! They gave me OCI after doing formalities, now they ask for dates of renunciation, etc.]
13. I have/have not previously applied for registration as a citizen of India
and the application has/has not been rejected.
14. I hereby declare that my intention is to make India my permanent
home and I undertake that I shall  renounce the citizenship of my
country in the event of my application being sanctioned.  [Sanjeev: Once again, there is no automatic guarantee. The babu must decide. I must be nice to a Babu. The parliamentary law MANDATING the citizenship upon application means nothing]
15. I, ………………………… do solemnly and sincerely declare that the
foregoing particulars, stated in this application are true, and I make this
solemn declaration conscientiously believing the same to be true.
     
Date:…………                       Signature………………………………  Made and subscribed this ………………..day …………………of

………………20………….before me.
*Signature………………………
 *Designation……………………
 
16. I, the undersigned, hereby state that I am an Indian citizen otherwise
than by naturalization, that I am a householder, and that I am not the
solicitor or agent of…………………………………………………….. 
I vouch for the correctness of the statement made by……………………………..in his application for Indian
citizenship.
    
Signature……………………….
Name…………………………
Full Postal Address.…………….…………………………………..

 ..…………………………………

Oath of Allegiance
 I,…..……………………………………………………….do solemnly affirm and swear in the name of God that I will bear true faith and allegiance to the
Constitution of India as by law established and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India. [Sanjeev: Is India's spineless PRIME MINISTER who supports the super-corrupt Congress doing his duties as citizen of India, may I ask, please!???? Are our MPs FAITHFULLY OBSERVING THE LAWS OF INDIA????]
Signature………………………
 
Affirmed/Sworn and subscribed this ………day of…………………….
20…………………………before me.
*Signature…………………….
*Designation…………………..
*Signature and designation of the officer authorized under rule 38 of the
Citizenship Rules, 2009  before whom the registration, declaration or oath of
allegiance is made or taken. (i.e. the Collector, Deputy Commissioner,
District Magistrate)
(This form complete in all respects shall be e submitted in triplicate to the
Collector/Deputy Commissioner/District Magistrate within whose jurisdiction
the applicant is ordinarily resident for transmission to the Central
Government through the State Government or the Union territory
administration, as the case may be) DOCUMENTS TO BE ATTACHED WITH THE APPLICATION BY THE
APPLICANT
1. A copy of the valid Foreign Passport.
2. A copy of the certificate of registration as  overseas citizen of
India under section 7A.
3. A copy of Bank challan in  original amounting to Rs.500/
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”.

 

 

ADDENDUM

Somnath Bharti had mentioned: Read 5 1 g in comparison with other provisions of 5 1 of ic act to find a way out.


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Sanjeev Sabhlok

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3 thoughts on “Process for OCIs to get back Indian citizenship #2
  1. Sanjeev Sabhlok

    Addendum: I’m unable to revise the above post (WordPress is giving random trouble, as usual). What I’ve noted is that the form asks for 6 years residency. I don’t know from where this rule has come! Clearly the mystery deepens.

     
  2. Raghavendra

    Hi Sanjeev,

    Cant it be worked out this way,
    1. indian FTI members will register the political party on your behalf. And definitely would be done by 2014.
    2. Let the indian FTI members contest elections.
    3. And you can contest in any by-elections after you get your citizenship.

    This is just my feeling. I am not sure whether this will work out.

     
  3. Sanjeev Sabhlok

    Thanks. That’s definitely one of the things I’ve been thinking about. Things should become very clear by end-April.
    s

     

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