Immigration Alert - New Policy Eases OCI Card Process for Goans with Portuguese Citizenship

A. Background

For many years, individuals from Goa and Daman & Diu—regions historically under Portuguese rule—have navigated unique scenarios regarding citizenship and travel documentation due to their historical ties with Portugal. Under Portuguese law, those born in these regions before December 19, 1961, and their descendants for two subsequent generations, are eligible to claim Portuguese citizenship. This opportunity has led many from these areas to become Portuguese nationals, a decision that grants them significant benefits, such as visa-free access to numerous countries, including the UK and EU member states.

However, obtaining Portuguese citizenship poses challenges, especially in retaining Indian nationality and meeting the criteria for the Overseas Citizenship of India (OCI) cards. Indian law does not permit dual nationality and hence an Indian citizen has to surrender his passport immediately after obtaining foreign nationality. Such individuals can then apply for OCI/ valid visa to travel and stay in India. As part of the application process, applicants must submit a 'surrender certificate' for their Indian passport when applying for the OCI card.

Based on the directive from the Ministry of External Affairs (MEA) on November 30, 2022, the Passport Issuing Authorities (PIAs) stopped issuing surrender certificates and instead began issuing 'Revocation Order’ to many individuals who had acquired Portuguese citizenship and had previously suppressed material information about their foreign nationality while renewing their Indian passport. This gap in documentation has left many unable to secure OCI status.

B. Changes/ Development

The MEA of India has issued a new directive to PIA dated April 4, 2024, on this matter. According to an internal memorandum, the MEA has approved the use of a ‘Revocation Order' as an alternative to the ‘Surrender Certificate’ for Indian nationals from the former Portuguese territories of Goa and Daman & Diu who have acquired Portuguese nationality under Portuguese Nationality Law.

C. BDO in India Comments/ Conclusion

The recent process change from the MEA is a welcome development for many Goans and others from former Portuguese territories, bringing a thoughtful resolution to issues that have long impacted their eligibility to apply for OCI. By allowing the use of revocation orders in lieu of surrender certificates, the Indian Government has effectively opened a pathway for many to apply for OCI.

BDO in India will continue to monitor these developments and provide clients with the necessary guidance to navigate them effectively.