Immigration to India for Ukrainians

The Indian government has launched a scheme that allows foreigners to obtain permanent resident status, also known as PRS. You get multiple-entry visas without having to reside in India for 10+ years. Ever since the government opened this scheme, many foreigners have been leaning towards investing in the country.

Below are some steps that will help you understand how to get permanent resident status in India.

Eligibility criteria for applying for permanent resident status in India

Permanent resident status is granted to foreigners who wish to invest in the country under the foreign direct investment scheme, which is subject to the relevant conditions specifically designed by the Department of Industrial Policy and FDI Policy Promotion. The applicant must invest an amount of INR 10 crore, which is about USD 1.5 million, within 18 months or INR 25 crore within 36 months from the date of application. To this are added conditions: the investment must lead to the employment of at least 20 local residents or residents of India every year, PRS does not apply to citizens of Pakistani origin. There are security restrictions imposed depending on the applicant's country of origin.

Benefits of permanent resident status in India

Upon obtaining permanent resident status in India, you receive a multiple-entry visa without any conditions; the status holder is exempt from registration with FRRO / FRO. The PRS holder will be allowed to buy one residential property for living, not for investment, the spouse/dependent of the PRS holder will be allowed to get a job in the private sector with the permission of the FRRO/FRO. The spouse or dependent of an investor who is allowed PRS can also study in India without the need for a separate student visa. No additional authorization from the FRRO/FRO is required for this purpose.

Procedure for applying for permanent resident status in India

Initially, the applicant is issued a business visa for a period of 18 to 36 months. This business visa will be designated as a B-1 visa, which is an investor visa and is issued without any conditions. The spouse/dependent of the PRS applicant will be issued a B-1X visa together with the business visa of the owner, under the same conditions. Once the eligibility criteria for investment and employment are met, the foreign investor must submit his/her application and the application of the spouse/dependent together. To participate in the process, you must have a valid passport with a visa, a photo and proof of residence. The PRS is issued after obtaining the authorization of the Ministry of the Interior. After the application is approved, the applicant must undergo a verification of his/her documents.

Indian citizenship can be acquired by birth, origin, registration and naturalization. The conditions and procedure for acquiring Indian citizenship under the provisions of the Citizenship Act, 1955 are given below:

By birth (Chapter 3)

• A person born in India on or after 26 January 1950 but before 1 July 1987 is a citizen of India by birth, irrespective of the nationality of his parents.
• A person born in India on or after 1 July 1987 but before 3 December 2004 is considered to be a citizen of India by birth if either of his parents was a citizen of India at the time of his birth.
• A person born in India on or after 3 December 2004 is considered an Indian citizen by birth if both parents are Indian citizens or one parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
• An illegal migrant is a foreigner who has entered India: without a valid passport or other prescribed travel documents or with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.

By origin (Chapter 4)

• A person born outside India on or after 26 January 1950 but before 10 December 1992 is an Indian citizen by birth if his father was an Indian citizen by birth at the time of his birth. If the father was a citizen of India only by descent, the person cannot be a citizen of India unless his birth is registered in an Indian consulate within one year of the date of birth or with the permission of the Central Government after the expiry of the said period.
• A person born outside India on or after 10 December 1992 but before 3 December 2004 is considered to be a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. If one of the parents was a citizen of India by birth, that person will not be a citizen of India unless his birth is registered in an Indian Consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.
• A person born outside India on or after December 3, 2004 cannot be a citizen of India unless the parents declare that the minor does not hold a passport of another country and the birth is registered at an Indian consulate within one year of the date of birth or with permission of the Central Government after the expiry of the specified period.

Procedure

An application for registration of the birth of a minor child to the Consulate of India under section 4(1) shall be made in Form-I and shall be accompanied by a written undertaking by the parents of such minor child that he is not entitled to a passport of another country.

By registration (Chapter 5)

• To get the right to register, you must meet one of the following conditions:
• A person of Indian origin who has lived in this country for 7 years prior to submitting an application for registration.
• Married to an Indian citizen and has been living for 7 years before applying for registration.
• Persons of Indian origin ordinarily resident in any country or place outside undivided India under section 5.
• Minor children of persons who are citizens of India.

Necessary documents:

• A copy of a valid foreign passport.
• A copy of a valid residence permit.
• Copies of Indian Citizenship Certificates of both parents issued under Section 5 or Citizenship Act, 1955.
• Declaration and Oath of Allegiance as specified in the form to be made before the authorities specified in the Citizenship Rules, 1955 i.e. Collector/DM/ DC.
• Copy of Bank Challan in original for Rs.500/- payable for declaration and oath of allegiance deposited with State Bank of India.
• Proof that the applicant or any of his/her parents were citizens of Independent India viz. copy of Indian passport or birth certificate.

By naturalization (Chapter 6)

Anyone can obtain citizenship if they have resided in India for 12 years (during the 12 months preceding the date of application and 11 years in the aggregate) and meet the other eligibility requirements specified in the Third Schedule to the Citizenship Act.

Under this amendment, illegal immigrants who entered India on or before December 31, 2014, who belong to Hindus, Sikhs, Buddhists, Jains , Parsis and Christians, are subject to "religious persecution or fear of religious persecution" in their countries of origin ( Pakistan, Bangladesh and Afghanistan) have the right to citizenship. It also relaxes the residency requirement for naturalization from 11 to 6 years. However, this law is challenged in the Supreme Court.

The following documents are required for naturalization:

• A copy of a valid foreign passport
• Copy of residence permit
• Copy of Bank Challan in original for Rs.1500/- deposited with State Bank of India.
• One affidavit (of the applicant) and two affidavits from two Indians testifying to the character of the applicant in the prescribed language available in the application form. The affidavit is issued by a notary public/ sworn officer/ DM.
• Two language certificates proving the applicant's knowledge of one of the Indian languages specified in the Eighth Schedule to the Constitution. ( Language certificate from a recognized educational institution or from a recognized organization or from two Indian citizens of the applicant's district).
• Two newspaper clippings (circulated in the applicant's county of residence) of different dates or different newspapers announcing his/her intention to apply for citizenship in the prescribed language available on the application form .

Please note that the decision can take a very long time, so do not let the question "flow by itself".

There is no dual citizenship in India

The law does not provide for dual citizenship. It allows obtaining citizenship only for a person who is specified in the provisions listed above – by birth, origin, registration or naturalization. However, India allows persons of Indian origin to be registered as "Overseas Citizens of India" (known as an OCI card holder). OCI cardholders are not considered citizens of India, but are given similar rights thanks to this special status.

Foreign citizenship is also beneficial when investing in India, as foreign nationals are given relaxations in foreign investment rules. Obtaining registration under this category will allow a person to retain their rights in India while being a citizen of a foreign country. New rules were also introduced in March 2021 to provide certain additional rights to OCI cardholders.

Persons of Indian origin who meet the following rules must apply to the Central Government for registration as an "Overseas Citizen of India".

The qualification criterion is as follows:

For persons who have reached the age 18 years, they must:

• Be a citizen of another country but was a citizen of India before or after the Constitution of India came into force.
• Be a citizen of another country but is eligible to become a citizen of India when the Constitution of India comes into force.
• Be a citizen of a territory which became part of India after August 1947, or is a child or grandchild of such citizens.

Thus, to register as a foreign national, a person must be an adult who meets the requirements of the above regulations, or a minor child of an adult who also meets the requirements of the above regulations.

New rules for OCI cardholders:

In March 2021, new recommendations on the regulation of citizens abroad were published. These guidelines relaxed some restrictions and gave more rights to OCI holders. Following some of the restrictions due to COVID-19, relaxations have been introduced so that OCI holders can be at par with Indian citizens or non-resident Indians for certain cases.

The main provisions are as follows:

Grant of Multiple Entry Lifetime Visa: OCI cardholders are permitted to enter India multiple times for any purpose, except where the visit involves any of the following:

• To conduct research,
• To carry out any missionary or Tabligh , mountaineering or journalistic activity,
• For internship or work in any foreign diplomatic missions in India
• Visit any protected or restricted place notified by the Central Government.

If the visit is for any of the above reasons, the person will need to obtain a special permit or a special permit from the relevant ministry.

OCI cardholders will be exempted from the need to register with the Overseas Regional Registrar, provided they report any change in their permanent address or occupation.

OCI cardholders will be accorded status at par with non-residents of India in the following cases:

• Intercountry adoption of Indian children
• Appears in entrance tests all over India like JEE and NEET.
• Purchase or sale of immovable property (except farmhouse, agricultural or plantation property).
• Practice the professions of doctors, dentists, lawyers, architects and chartered accountants in India.