Applying on behalf of children
In this article, we specifically address the issue of applying for an OCI for your children. If you, your parents or your grandparents were citizens of India, your children would also be entitled to apply to become an OCI.
For the latest requirements, please visit the VFS website and refer to the latest checklist. For many of our clients, the application for an OCI for their children requires them to have the copies of passports of both parents notarised and a copy of the child's birth certificate to be notarised as well. If you have multiple children, then each child must have their own set of notarised copies of parents' passports.
Usually, the requirement for attestation outlined for this application means 'certified copies'. However, if you are a resident of New South Wales, it also means that the attestation must be performed by a notary public. A justice of the peace (which is a free service) is not authorised to 'notarise' a document. Notarisation can only be provided by a notary public (and this is usually not a free service).
As a leading provider of notary public services in Sydney, we regularly help clients intending to apply for their own OCI as well as an OCI for their children.
What is an OCI?
OCI stands for "Overseas Citizen of India". For many of our clients, who are Australian citizens (and sometimes New Zealand citizens) living in Australia, the main attraction for applying to be recognised as an OCI is the multiple entry and unlimited stay in India. This is especially important if they still have family (ie, aging parents), property or other business interests in India.
What are the benefits of being an OCI?
Aside from multiple entry and the entitlement to multi-purpose life long visa to visit India, the other benefits of being an OCI are:
- Exemption from reporting to Police authorities for any length of stay in India; and
- Parity with non-resident Indians in financial, economic and educational fields except in the acquisition of agricultural or plantation properties.
Who can apply to become an OCI?
If you have renounced your Indian citizenship (or your family were originally from India) and you are now a citizen of another country (ie, Australia or New Zealand), you can apply to become an OCI provided that:
- you were a citizen of India at the time of, or at any time after 26th January 1950; or
- you were eligible to become a citizen of India on 26th January 1950; or
- you belonged to a territory that became part of India after 15th August 1947; or
- you are a child or a grandchild or a great-grandchild of such a citizen; or
- you are a minor child of such persons mentioned above; or
- you are a minor child and whose both parents are citizens of India or one of the parents is a citizen of India.
Besides, a spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application is also eligible for registration as OCI cardholder.
Acknowledgements
This blog is supported and maintained by Phang Legal. Phang Legal is a leading provider of notary public services in Sydney. With offices conveniently located in Parramatta and Rouse Hill, Phang Legal supports and services the Indian community across Sydney with readily available and easily accessible notary public services at highly competitive rates.
Frequently asked questions regarding our notary public services can also be found at https://www.notary-parramatta.com.au/faqs/.
Ern Phang
Notary Public
Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public, including the kinds of problems and solutions that his clients face when sending documents to India.
IMPORTANT: the information in this article is correct at the time of publication, however, the law constantly changes. This means you should always refer to the most recent articles because we try to update this blog on a regular basis with the most current information.
