Q.815 OCI application while in

India on Tourist visa

Question: Hi, At present I am in the USA. Myself and my wife are of Indian origin and we have Indian passports. Our children (below three) are born in the USA and have US passports. My wife and children are in India on "Tourist" visa that will expire on March 27, 2016. To extend their stay in India, can I apply for OCI for my kids? Regards, Anup Singh [October 24, 2015] Answer: Yes. OCI applications can be made in India. This should be done in a timely manner before their tourist visa expires. Applicants for OCI in India must be in India legally. My understanding is that the time taken to process an OCI application in India can take anywhere from 30 days to 120 days. Generally delays are caused due to non submission of accurate documents required by the authorities. Prior to January 6, 2015 there was a requirement the at least one parent had to be a foreign citizen for their minor children to be allowed to get OCI. This rule has now been changed and minor children born abroad, where both parents are Indian citizens are eligible to apply for OCI. As per The Citizenship (Amendment) Ordinance, 2015 dated January 6, 2015. Published in The Gazette of India. Amendments have been made to the Citizenship Act in Article 7A that deals with eligibility. Here is an excerpt: 7A. (1) The Central Government may, subject to such conditions and restrictions, as may be prescribed, on an application made in this behalf, register as Overseas Citizen of India card holder (c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India