72. Returning To India for good from Canada

Q. Mr. Chand, Your site has invaluable information. This stuff is hard to find elsewhere..thanks! I have a quick question. My daughter (born in Canada) who's is 41/2 years old and I are Canadian citizens and OCI card holders. My son who is 4 months was born here in Canada as well and my wife recently got her Canadian citizenship. We are all moving back to India for good by end of this year. I have the following three questions: 1. Should my wife apply for OCI here in Toronto or will be able to move to India and stay there with her Indian Passport. 2. Do we all have to register with FRRO before 180 days 3. If we all choose to apply for Indian passports after a year of stay in India...do we need to give away our Canadian citizenships? Thanking you in Advance, Siddhartha A. Since your wife is now a Canadian citizen, she cannot stay in India with her Indian Passport. If fact she now needs a visa to travel to India and the Indian consulate in Toronto will only grant her a visa after they cancel her Indian Passport. Your wife and son should apply for OCI but I doubt they will get it by end of this year as you are already close to mid September. So their option would be to apply for a tourist visa to travel to India and apply for OCI in India. OCI holders do not need to register with FRRO. However those traveling to India on tourist visa who intend to stay more than 180 days need to register within 14 days of arrival. You cannot apply for Indian passports after a one year stay in India. OCI holders can apply for Indian citizenship five years after OCI registration provided they stay in India for one year before applying for Indian citizenship. The only way you could get Indian citizenship after a one year of stay in India would be to give up Canadian Citizenship. While Canada allows dual citizenship and have no problem with you retaining your Indian citizenship as well as Canadian; India will allow you only to have one passport at a time and hence you may have to give up Canadian citizenship to get Indian citizenship. Your best option may be to keep your Canadian citizenship, get OCI for all members of your family and live in India for as long as you want as OCI is a visa for life. This way if you or your children ever wanted to return to Canada in the future you would not have any problems.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail. © Copyright 2006 Nriinformation.com
NriInformation Questions &Answers  Read Disclaimer at bottom of page PREVIOUS NEXT N RI Information

NRI - OCI - PIO Guide & Information

72. Returning To India for good

from Canada

Q. Mr. Chand, Your site has invaluable information. This stuff is hard to find elsewhere..thanks! I have a quick question. My daughter (born in Canada) who's is 41/2 years old and I are Canadian citizens and OCI card holders. My son who is 4 months was born here in Canada as well and my wife recently got her Canadian citizenship. We are all moving back to India for good by end of this year. I have the following three questions: 1. Should my wife apply for OCI here in Toronto or will be able to move to India and stay there with her Indian Passport. 2. Do we all have to register with FRRO before 180 days 3. If we all choose to apply for Indian passports after a year of stay in India...do we need to give away our Canadian citizenships? Thanking you in Advance, Siddhartha A. Since your wife is now a Canadian citizen, she cannot stay in India with her Indian Passport. If fact she now needs a visa to travel to India and the Indian consulate in Toronto will only grant her a visa after they cancel her Indian Passport. Your wife and son should apply for OCI but I doubt they will get it by end of this year as you are already close to mid September. So their option would be to apply for a tourist visa to travel to India and apply for OCI in India. OCI holders do not need to register with FRRO. However those traveling to India on tourist visa who intend to stay more than 180 days need to register within 14 days of arrival. You cannot apply for Indian passports after a one year stay in India. OCI holders can apply for Indian citizenship five years after OCI registration provided they stay in India for one year before applying for Indian citizenship. The only way you could get Indian citizenship after a one year of stay in India would be to give up Canadian Citizenship. While Canada allows dual citizenship and have no problem with you retaining your Indian citizenship as well as Canadian; India will allow you only to have one passport at a time and hence you may have to give up Canadian citizenship to get Indian citizenship. Your best option may be to keep your Canadian citizenship, get OCI for all members of your family and live in India for as long as you want as OCI is a visa for life. This way if you or your children ever wanted to return to Canada in the future you would not have any problems.
© Copyright 2006 Nriinformation.com
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
NriInformation FAQ
Read Disclaimer at bottom of page