Q.930 OCI Application in India for

US Born Child

Question: Chand Sir, Greetings !! Your website is very much helpful for NRI folks. Thank you very much. We Indian parents are planning to move back to India for good and due to time it takes for OCI processing in USA, we would like to apply for our US Born baby's OCI in India (Mumbai FRRO). Regarding this process in India we have few questions, requesting you to review and advise. 1) What is Visa requirement for OCI Applicant in India? Entry (X) Visa with 1 year validity is fine ? 2) Once OCI is approved and booklet is issued in India, Does baby needs to go out and enter India using new OCI Card to continue staying in India legally ? Any specific action (status change) needs to be done in this case to continue living in India after OCI granted ? 4) As per document checklist provided by MHA ( http://mha1.nic.in/pdfs/oci-brochure.pdf ) a) What is Residential Permit, do we need that for minor baby to apply OCI in India ? b) Does baby's US Birth Certificate needs to be Apostilled ? 5) What is difference between getting OCI done in USA Vs India ? Regards Shraddha Answer: Regarding your questions: 1. A minimum three month visa validity is generally required from the date of submission of OCI application. So one year validity should be fine. 2. A person legally in India on successful grant of OCI can stay in India as long as they desire. OCI is a lifelong visa. Not aware of any requirement where person who is granted OCI has to leave and enter India again to validate their OCI status. 3. When OCI application is submitted in India, applicants need to provide proof of legal stay in India which can be their visa or a residential permit with 3 months validity from the date of application. Detailed information on this can be obtained from the FRRO office applicable to your area of residence in India. o Residential Permit is a document obtained from FRRO. This is applicable to foreigners who stay in India beyond 180 days. If intention is to stay in India for over 180 days then registration with FRRO is required and they issue a Residential permit after checking documentation. Generally children below 16 years of age are exempt from Registration. 4. Apostille is recommended. A document with an Apostille does not require additional certification by the US. Department of State or legalization by a US embassy or consulate overseas. 5. Not much difference in applying for OCI from abroad or from within India. o Fee is slightly cheaper in India due to exchange rate fluctuations ($275 vs Rs. 15,000) o Time period roughly three months if documents in order o Deal with FRRO in India or Indian Consulates if applying abroad. End result is same. When applying for OCI from within India, the local FRRO office is the best source of latest information for prospective OCI applicants.