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INDIANS IN GERMANY

How Indians can protect their residency rights in India after becoming German

Thanks to India's ban on dual nationality, Indians generally have to renounce their citizenship if they want to naturalise in Germany. That said, there is a way to retain residency rights and links to India - even without an Indian passport.

Published: 13 September 2024 15:40 CEST
Indian woman with German passport
A new German citizen, who comes from India, holds her passport up to the camera after her naturalization ceremony in Frankfurt am Main. Photo: picture alliance / Fabian Sommer/dpa | Fabian Sommer

If you renounce your Indian citizenship but still want to be sure you can return there either for visits or on a more long-term basis, the best way to do that is by applying for an OCI card.

Here, we explore what an OCI card is, the benefits of applying for one, who’s eligible to get one and what you’ll need to start the process. 

What is an OCI card?

OCI stands for “Overseas Citizen of India”.

Having a card essentially proves that even if you’re no longer an Indian national – most likely because you’ve naturalised as a citizen of another country – you still have Indian heritage and a connection to India. The card is specifically designed for foreign citizens with clear links to India.

It’s a document issued by the Indian government and comes with certain legal privileges, while excluding others. 

What rights does an OCI cardholder have?

The most significant right an OCI cardholder has is a more or less unrestricted right to visit India without a visa for any length of time – and for essentially any reason. 

OCI cardholders essentially have a multi-entry, life-long visa to visit India for tourism, business, family reunions or any other reason – with no limit to how long they can stay. They also don’t need to get an exit visa from India upon leaving.

OCI cardholders also don’t have to register with the Indian authorities when in India the way other foreign nationals typically do.

A rainbow is seen over the iconic Gateway of India in Mumbai in August 2023. Despite not having Indian nationality, an OCI cardholder retains an almost unrestricted right to visit India for life. Photo: AP Photo/Rajanish Kakade/TT

They can register, however, if they become ordinarily resident in India again. If they do, the OCI card is treated as valid identification for the purpose of things like opening a bank account or applying for a driver’s licence.

READ ALSO: Why Indians in Germany face hurdles to citizenship

OCI cardholders are allowed to work in most jobs in India. They are also allowed to own property in India.

An OCI cardholder who has been registered as an OCI in India for at least five years – and been ordinarily resident in India for at least one of those years – can also regain Indian nationality. Under Indian law, this would of course, require that person to give up any other passports they may have.

What rights does an OCI cardholder NOT have?

Despite the legal designation of “overseas citizen” – an OCI cardholder isn’t considered an Indian national.

As such, an OCI cardholder cannot vote in India or stand for public office. While they are eligible to take on most jobs in India, this excludes many jobs with the government. 

The Indian government also requires foreign nationals to have its approval for certain activities – and this requirement is also extended to OCI cardholders too. These activities include mountaineering, missionary work, visiting a restricted area, or journalism.

Who can get an OCI card?

Only non-Indian nationals can get OCI cards, but they typically have to have been Indian nationals in the past, or descended from someone who was. That’s why an OCI card is particularly well-suited for an Indian who has made the difficult decision to renounce Indian nationality to become German.

Any person who was eligible for Indian citizenship on January 26th, 1950 or who had Indian citizenship at any point on or after that date can apply for an OCI card.

In addition, anyone who belonged to a territory of India after August 18th, 1947 is potentially eligible for an OCI card.

READ ALSO: Indians in Germany – Who are they and where do they live?

Any children or grandchildren of the above three eligible groups are also eligible for an OCI card.

That means that children born to someone who was previously an Indian citizen but renounced Indian citizenship before that child was born should normally still be able to get an OCI card.

Even some great-grandchildren of these people might be eligible today – provided that they apply for the OCI card before they turn 18.

Founding of India ceremony Bangalore

School children in Bangalore celebrate the anniversary of the founding of India on January 16th, 2019. Photo: picture alliance/dpa | Aijaz Rahi

Beyond previous Indian citizens, there is another group of people who can get an OCI card: spouses. The spouse of either an Indian national or an OCI cardholder is eligible to apply for their own OCI card after at least two years of legal marriage. This goes even for spouses who have never been Indian nationals.

Although the legislation governing OCI uses the gender-neutral term of “spouse”, Indian courts and the government have yet to rule or clarify whether OCI rights also apply to same-sex spouses. As of June 2024, several cases relating to whether same-sex spouses have OCI rights had gone before Indian courts.

Who can NOT get an OCI card?

People who don’t fulfil the above conditions cannot get an OCI card.

Somewhat more confusingly, there are also certain groups that remain barred from an OCI card – even if they would ordinarily meet the requirements.

If an OCI applicant has ever been a citizen of Pakistan or Bangladesh, they cannot apply. This provision also applies even if they never held Pakistani or Bangladeshi citizenship, but their parents or grandparents did.

In addition, anyone who has ever served in the military of a country other than India isn’t eligible for an OCI card – even if they meet all of the other requirements.

If I’m eligible, how do I go about getting an OCI card?

An OCI card is an official document from the Indian government – so you need to get it at your responsible Indian embassy or consulate. India has missions in Berlin, Hamburg, Düsseldorf, Frankfurt, and Munich.

As an OCI card is designed for foreign nationals, you will need to prove that you’ve renounced your Indian nationality and surrendered your Indian passport in order to apply for an OCI card.

READ ALSO: What do I need to apply for German citizenship under the new law?

To do this, you apply for a Surrender Certificate. For surrender, you’ll need to provide a copy of your German passport, naturalisation certificate, and city registration (Anmeldung).

Labour Minister Hubertus Heil meets Indian students in Berlin.

Labour Minister Hubertus Heil meets Indian students in Berlin. Around 200,000 Indians live in Germany. Some may eventually choose German citizenship, but that means renouncing Indian nationality. Photo: picture alliance/dpa | Soeren Stache

You’ll also need to submit your original Indian passport. Note that all people who have renounced Indian nationality – often by acquiring another country’s passport – are legally required to surrender their Indian passport as soon as possible. Before you do though, make sure you make a copy of the page with your details on it, as you’re going to need that for your OCI application.

Once you have your Surrender Certificate, you can apply for your OCI card. You’ll need a lot of the same documents, like your German passport, city registration, and naturalisation certificate. You’ll also need a copy of the Indian passport you’ve surrendered and two recent 50×50 photos.

Children applying for an OCI will also have to bring their birth certificate and proof of their parent’s previous Indian citizenship. Spouses will additionally need a marriage certificate along with their spouse’s information. 

A full checklist of application materials is available from the Indian authorities.

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GERMAN CITIZENSHIP

Do I have to tell the German authorities if I gain another citizenship?

With dual nationality now permitted in Germany, foreigners with a German passport may want to reapply for an old citizenship they previously gave up or even take on a new one. Do the authorities still need to know about it?

Published: 12 September 2024 13:11 CEST
Do I have to tell the German authorities if I gain another citizenship?

Earlier this year, on June 27th, Germany brought into a force a sweeping reform of its naturalisation laws.

While previous generations of non-EU citizens had faced a difficult choice between their old nationality and the German nationality, the new law did away with this zero-sum game, allowing people to naturalise as Germans while keeping their old citizenship.

This major change has led to a flood of applications for German citizenship over the past few months, and it also inspired some foreigners to consider regaining a citizenship they gave up in the past in order to become German.

If you’re in this position – or are considering taking on a new citizenship elsewhere – you may be wondering if there are still rules you need to know about. (This is Germany, after all.) 

Should you inform the authorities that you’re regaining an old passport? Is there some kind of permission you need to obtain? And can taking on a new citizenship affect your rights in Germany? 

Here’s what you need to know. 

You’re entitled to hold multiple nationalities

Though people often talk about dual nationality, it’s important to remember that the new law actually permits multiple nationalities – which means there’s theoretically no upper limit to the amount of passports you can obtain.

Previously, foreigners from non-EU countries were only able to obtain dual nationality in exceptional circumstances, and Germans taking on a non-EU citizenship would have to apply for what’s known as a Beibehaltungsgenehmigung – or permission to retain their German passport.

Since June 27th, however, these official permits have become obsolete, since the right to hold multiple nationalities is now enshrined in law. 

READ ALSO: What documents should you get after obtaining German citizenship?

There’s no need to inform the authorities 

According to advice from the Federal Administration Office (BVA), there’s no obligation to get in touch with the immigration office or other government department once you decide to take on another citizenship.

The Interior Ministry recently confirmed this, explaining that the acquisition of a new citizenship would no longer impact an existing German citizenship under law, and vice versa.

“The obligation to notify the acquisition of a foreign nationality that previously existed… has been cancelled due to these amendments to the Nationality Act,” a ministry spokesperson told The Local. 

Dual British and German nationality

A dual British and German national holds up their passports. Under proposed new rules, non-EU nationals will be able to take on German citizenship after living in Germany for five years, while retaining their original nationality. Photo: picture alliance/dpa | Holger Hollemann

That said, Germany does record the nationalities of all its citizens in what’s known as the population register, which is based on information collected by the registration offices, or Meldebehörden. 

“Any additional nationality acquired must be stated when registering a residence with the registration authority and proof of this must be provided,” the Interior Ministry spokesperson explained. “The registration authority then updates the nationalities stored in the population register on the basis of the facts communicated to it or documented by it.”

Once again, though, this won’t have an impact on your German citizenship. 

Of course, on the other end, you’ll likely be asked about other citizenships you old while applying for citizenship in another country – particularly if that country has rules around dual nationality.

However, on the German side, this is one situation where you won’t have to worry about paperwork. 

Dual nationality could affect your rights – but only slightly 

Though taking on another citizenship shouldn’t affect your life in Germany, there’s one situation in which it could make a difference, but you’ll be pleased to know that it’s far from an everyday occurrence.

In very rare cases – such as when a foreigner commits a serious crime – German citizenship can be revoked from people who have naturalised. 

Once again, this is extremely rare, and it can only happen if removing German citizenship would not make you stateless.

That means that taking on any other nationality would technically allow the authorities to revoke your German one, but only in very extreme circumstances.

If you stay on the right side of the law and haven’t misled the authorities in your German citizenship application, this isn’t a situation that’s likely to apply to you. 

READ ALSO: When can your German citizenship be revoked?

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