Informing educating and connecting Indians across the globe . . . by Virendar Chand
392. How to Transfer OCI Visa from Canadian to US Passport
could you please help me by replying in regard obtaining OCI visa in India or in USA. i was a Canadian Citizen
(originally from India) and i have my OCI visa stamped on my Canadian Passport. a few months ago i got my USA
citizenship. is it possible to transfer the OCI U VISA to US passport?
if i want to get a new OCI visa (because of change of Nationality)is it
possible to apply in india when i make a visit for three months ?
your advice is most valuable for me.
Answer: As you already have OCI, transfer to a new passport should not be a problem. Normally transfer of OCI
Visa to new passport can be done using Online OCI Miscellaneous Services.
Miscellaneous services are available to only those who already have OCI. The procedure involves:
login to the OCI Miscellaneous Services website: https://passport.gov.in/oci/OnlineOCIMiscMain.jsp
Filling the application online (print before submitting online application)
Mailing in the printed form along with the required documents, photograph and fees.
The application can be submitted to the Indian Consulate applicable to your residence. Applicants in India are required to submit their
The Under Secretary, OCI Cell, Foreigners Division, Ministry of Home Affairs(MHA), Jaisalmer House, 26 Man Singh Road, New
To the concerned Foreigners Regional Registration Officer (FRRO) if the applicant is resident of Delhi, Mumbai, Chennai, Kolkata
The fee in the US is currently $25/- In India the fee is Rupees 1150.
If you are in India, you can get this done in India. The procedure normally takes a
month, however there are no time frame guarantees and those who are pressed for time
in India should take this into consideration. It may be better to get such matters done
where you are residing permanently.
393. Apply for OCI in Amritsar . . .
Please may you help me with a few questions. My mother in law is currently in India
and would like to apply for an oci in Amritsar. Can she apply for it there and which
documents does she require.
She was born in Kenya and holds a British passport at present. Her parents and husband are from India, but her parents have
expired. So what can she use as documentation to gain oci.
How much is the fees?
And which form do we fill in online for her.
Many thanks in advance
Answer: The fee is currently Rs. 12,400/- However more important would be eligibility to get OCI. Your mother in law can apply for
OCI in Amritsar. There are no separate types of forms for OCI. I believe the same form is applicable worldwide. The documentation
should show some proof of your mother in laws parents were Indians. Let me emphasize parents here, because her husband being
from India does not help her.
Check the article on this website ‘How to Apply for OCI - Step by Step Guide’ to find out information on documents and method of
applying for OCI.
394. Tax on money sent to India from abroad and then brought back . . .
I have couple of questions for you please let me know
.I wired transferred one hundred and fifty thousand Canadian dollars in 2008,2009 and 2010 by ICICI Canada bank to my NRE a/c to
buy residential land in India .
1.If i bring that one hundred and fifty thousand dollars back to Canada by selling the plot do i need to pay any income tax in Canada
on this amount of 150,000.As you know sir these were my savings for which the income tax was already paid in Canada
2.I understand i have to pay capital gain in India,but do i have to pay capital gain in Canada as well after selling my property in India
3.My wife is an Indian citizen (I got my Canadian citizenship and oci in 2011) our normal banking accounts are joint which were
opened before becoming nri, is it ok to keep the accounts as such
4.I am planning to do 7 months in Canada and 5 months in India do you have any business or job ideas in your gut so that i can work
Thank you so much and best regards
Answer: Lets consider your questions one by one:
Suppose, you had not sent the money and kept it in Canada. If you made any
income from this money, then the income would be taxable. Similarly, since the
money was sent from Canada and brought back, obviously there would be no tax
involved but any income that was earned in India is liable to taxes in Canada as
you continue to maintain residency status in Canada.
I also want to bring to your attention that Canadian residents, who held interest in
foreign property valued at more than $100,000 in a foreign country, are required
to declare this in their yearly tax return by filling Form 1135. To see a sample of
the form CLICK HERE
Canadian residents we are required to report worldwide income and pay the
applicable tax on it. Capital gains is taxable income subject to the allowable
deductions in Canada and under the Double Tax Avoidance Agreement between
Canada and India.
My understanding is that half the total amount of capital gain is taxed in Canada at your taxable rate.
You should consider seeking professional guidance. Pay close attention to the word ‘RESIDENT’ for taxation purposes in Canada.
You may look into the possibility of becoming a non-resident in Canada for taxation purposes. This will help you avoid paying
taxes in Canada on your Indian income, if you finally do settle down to start a business in India. Becoming a non resident for
taxation purposes will not effect your Canadian citizenship.
If your wife is a Indian citizen living with you in Canada, then she is a NRI and cannot hold resident bank accounts in India as
this is illegal.
I have topics such as Nri business opportunities and business ideas for India in my book THE NRI GUIDE. If interested, you can
purchase it from our website homepage.
NriInformation Questions &Answers
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