Overseas Citizenship of India (OCI) is a permanent visa service offered to overseas citizens of Indian origin. Most Indian families settled abroad wonder if their minor children are eligible for an OCI card. This depends on a number of considerations, such as the parents' citizenship and legal guidelines introduced by the Government of India.

Eligibility of Minor Children for OCI

Minor children may apply for an OCI card in the following situations:

• If both parents are Indian nationals or were Indian nationals at the time of birth of their child, the child is entitled to OCI.
• If one parent is an OCI card holder, the child can apply for OCI on the basis of their parent's status.
• Children born outside India to Indian-origin parents who subsequently obtain foreign citizenship are also eligible, as long as they comply with the OCI guidelines.
• Children born to foreign nationals who do not have Indian ancestry are not eligible for OCI, even in cases where they are adopted by parents with Indian origins.

However, children born to foreign nationals who do not have Indian ancestry are not eligible for OCI, even if they are adopted by parents who are of Indian origin. If the parents are or were citizens of Pakistan or Bangladesh, the child is not eligible for OCI.

Protected Area Permit (PAP) & Restricted Area Permit (RAP) for Foreign Nationals

India also has a few areas that are closed to foreign nationals in the interests of security and the maintenance of native cultures. Foreign visitors, including the Overseas Citizens of India (OCI) card holders, need special permits, which are referred to as the Protected Area Permit (PAP) and Restricted Area Permit (RAP), to travel to these places. Access to certain destinations is governed by these permits to promote national security and protect local societies.

 What is a Protected Area Permit (PAP)?

Protected Area Permit (PAP) is needed for foreign tourists who want to enter specific restricted places in India. Such places are mostly in the northeastern states and border areas where movement is regulated for security purposes.

Areas Requiring PAP:

• Arunachal Pradesh
• Himachal Pradesh (certain regions)
• Uttarakhand (certain border areas)
• Jammu & Kashmir (restricted regions)
• Rajasthan (border areas)
• Sikkim (specific locations near the Indo-China border)

What is a Restricted Area Permit (RAP)?

Foreign nationals, including OCI cardholders, are required to obtain a Restricted Area Permit (RAP) for visiting some strategically sensitive areas, especially island regions. These are more sensitive as they are geographically located in sensitive areas and have indigenous tribes.

Areas Requiring RAP:

• Andaman and Nicobar Islands (Certain islands like North Sentinel, Little Andaman, and Middle Nicobar)
• Lakshadweep Islands (Entry is restricted to certain inhabited islands)
• Parts of Sikkim (Some locations near international borders)

Foreign-born children of Indian-origin parents are eligible to apply for an Overseas Citizen of India (OCI) card, as long as they are eligible. At least one of the parents needs to be a citizen of India or an OCI cardholder during the time of birth. An OCI card grants children visa-free travel, residency, and study in India but does not grant them Indian citizenship or an Indian passport.

Key Facts Regarding OCI for Children Born Outside India:

Eligibility

• One of the parents should be an Indian national or an OCI cardholder.
• Children born to parents who are foreign nationals (with no Indian origin) are not eligible.

Application Process

• The parents have to apply on behalf of the child through the OCI portal.
• The application needs birth certificates, parent's Indian origin proof, and other supporting documents.

Renewal Requirement

• OCI cards need to be renewed with a fresh passport at some age points (after 20 years).

A Permanent Account Number (PAN) card is a special identification number given by the Income Tax Department of India. Overseas Citizens of India (OCI) are not Indian residents, but they can still require a PAN card to make financial and tax transactions in India.

How to Apply for a PAN Card as an OCI?

Step-by-Step Online Process:

• Visit https://www.onlineservices.nsdl.com or https://www.utiitsl.com.
• Complete Form 49A (for individuals, including OCIs).
• Choose "Foreign Citizen" as the applicant category.
• Fill in Personal Details like Provide name, date of birth, contact information, and overseas address.
• Upload documents that are necessary.
• Pay the Processing Fee.
• Submit the application.
• After filling up the form, submit the application online.

Documents Needed for OCI PAN Card Application

OCIs must have the following documents when they apply for a PAN card:

• Identity Proof: Foreign passport or copy of OCI card.
• Address Proof: Foreign address proof (utility bill, bank statement) or Indian address proof (if available).
• Date of Birth Proof: Passport or birth certificate.
• Photographs: Two recent passport-size photographs (for offline applications).

An Overseas Citizen of India (OCI) cardholder can get an Aadhaar card, but it is not compulsory. Aadhaar is issued primarily to Indian residents, but OCI holders who have spent a minimum of 182 days in India during the last 12 months can apply. The card facilitates getting several services in India, such as banking, mobile connections, and property registration. However, Aadhaar does not confer Indian citizenship or any other rights exclusively for Indian citizens.

Key Facts Regarding Aadhaar for OCI Card Holders:

1. Eligibility

• OCI card holders should have resided in India for 182 days during the previous 12 months to apply.
• They require an Indian address for enrollment.

2. Application Procedure

• Apply at an Aadhaar Enrollment Center with a valid OCI card, Indian address proof, and passport.
• Biometrics (fingerprints and iris scan) will be taken.

3. Usage

• Aadhaar is utilized in bank and mobile KYC verification.
• Aadhaar is used for property registration as well as tax purposes in India.

An Overseas Citizen of India (OCI) cardholder cannot drive in India with an overseas driver's license. International Driving Permits (IDP) they have taken at home are limited in their time of validity while in India but must be backed by a passport and visa which are valid. 

Requirements and Rules for OCI Holders Driving in India:

1. Using a Foreign Driving License

• OCI holders are not eligible to drive within India on a license of origin country for an excursion.
• They require an International Driving Permit (IDP) apart from the foreign license.
• The IDP must be from a signatory country to the 1949 Geneva Convention.

2. Applying For Indian Driving License

• OCI holders who are staying for an extended period must apply for an Indian driving license.
• The process involves submitting an OCI card, passport, visa, residence proof, and a driving test.

3. Vehicle Restrictions

• OCI permittees are restricted to driving the vehicle type that they have stated on their overseas driving license.
• Commercial driving requires another commercial license in India.

4. Rules & Conditions for Driving

• OCI permits are required to comply with traffic regulations in India, including the use of a seat belt and maximum speed restrictions.
• Violation of traffic rules would be punishable through a fine or revocation of their licenses, or prosecution.

In case you have made an application for an Overseas Citizen of India (OCI) card and it is in the process, you can also travel to India but with a valid visa. OCI card cannot replace a visa until it has been issued in full. So, travelers are required to secure an appropriate Indian visa prior to traveling to the country.

Key Points to Remember:

1. Visa Requirement

• Until the issue of your OCI card, you will have to apply for a visa to travel to India.
• You may apply for an e-Visa, tourist visa, or entry visa, according to your intended purpose of visiting.

2. No Emergency Travel with Pending OCI

• Your application receipt for OCI cannot be used as a travel document when your OCI application is pending.
• You have to wait for your approval or go for a visa to travel.

3. Processing Time Factors

• OCI processing may take 6-8 weeks or more, subject to the volume of applications.
• Plan travel accordingly and seek a visa, if necessary.

4. OCI Card Approval and Collection

• Your OCI card will be intimated for collection from the assigned center after approval.
• If you are in India when it is approved, you might have to exit and re-enter the country to make it active.

A Power of Attorney (POA) is a legal instrument that enables a person (Principal) to grant another individual (Attorney or Agent) the authority to act on their behalf for certain legal, financial, or property-related issues. This is particularly helpful for Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) who have to take care of matters in India while living abroad.

Why Do NRIs & OCIs Need a Power of Attorney?

NRIs and OCIs can need a POA for the following reasons:

✔ Property Management: Purchase, sale, leasing, or holding property in India.

✔ Financial Transactions: Managing bank accounts, signing cheques, or investing.

✔ Tax & Legal Issues: Filing income tax returns, dealing with legal cases, or representing in court.

✔ Business Operations: Authorizing an individual to operate a business or sign agreements in India.

As NRIs and OCIs are not physically able to be in India for every transaction, allowing POA sees to it that their affairs go on smoothly. 

How to Create a Power of Attorney for NRIs & OCIs 

NRIs and OCIs may create a POA from outside India by completing the following procedures:

Step 1: Write the POA Document

• Include the Principal's and Agent's information (name, address, passport number details).
• Define the powers conferred (general or specific).
• State the period of validity (if any).
• Two witnesses' signatures are to be obtained.

Step 2: Notarization & Attestation (For NRIs & OCIs)

• Have the POA notarized by a Notary Public of the country of residence.
• Go to the Indian Embassy or Consulate to obtain the POA attested.

Step 3: Sending the POA to India

• Mail the attested POA to India through courier.
• The agent in India is to obtain the document adjudicated at the Sub-Registrar's Office.