Dual citizenship for NRIs in Cape Town, South Africa is a concept where a person can be a citizen of two countries simultaneously. Yes, it is true, an individual can be a citizen of two countries at one single time. Dual citizenship allows a person to be a citizen of two countries where the individual enjoys citizenship rights of both countries.
The concept of dual citizenship for NRIs in Cape Town, South Africa is quite common in countries like America, but not every country allows an individual to hold dual citizenship. The rules for dual citizenship vary from country to country. Being a Non-Resident Indian, you must be thinking, is dual citizenship in India valid? You will find the answer to this question in the below-given article. So, to get complete information about dual citizenship, read the article till the end.
What is the meaning of dual citizenship for NRIs in Cape Town, South Africa?
Dual citizenship or dual nationality for NRIs in Cape Town, South Africa means holding the citizenship of two countries together. It allows an individual to hold more than one nationality. By holding the dual nationality, the individual gets country-specific rights and benefits. Dual citizenship allows the individual to hold multiple passports and travel with ease. Apart from that, they can also travel visa-free in most countries. Dual citizenship allows an individual to enjoy privileges like education, healthcare, and social security, in two countries at the same time.
Dual citizenship or dual nationality for NRIs in Cape Town, South Africa is a concept where an individual is considered a citizen of two countries and enjoys the citizenship rights and privileges of both countries. It means that the individual will hold two passports and will be able to travel, own property, etc. As mentioned in Part 2, Article 5 of the Indian Constitution, a person will be considered a citizen of India if he or she was born in the territory of India. The parents of the individual were born in Indian territory. If the individual is living continuously within the Indian territory for a minimum of 5 years. Article 9 of the Indian Constitution further elaborates that an individual who voluntarily seeks citizenship of a foreign country will automatically cease to be considered an Indian citizen.
NRIs in South Africa
The term “South Africa” comes from the country’s location at Africa’s southernmost point, formally known as the Republic of South Africa (RSA). The country was given the names Union of South Africa in English and Unie van Zuid-Afrika in Dutch upon its inception, reflecting its origins as the union of four formerly independent British colonies. The full formal name in English has been “Republic of South Africa” since 1961, and in Afrikaans, Republiek van Suid-Afrika. Each of the country’s 11 recognised languages has had an official name since 1994.
Capital – Bloemfontein (judicial), Cape Town (legislative), & Pretoria (executive)
Largest city – Johannesburg
Official languages- Afrikaans, English, , debele, Sepedi, Sesotho, Setswana, Swazi, Tshivenda, Xhosa, Xitsonga, Zulu
Population – 60,142,978 (2021 Estimate)
Area – 1,221,037 Sq. km
For much of the 20th Centuary, South Africa remoteness—it is thousands of miles from major African cities like Lagos and Cairo and more than 6,000 miles (10,000 km) from most of North America, Europe, and eastern Asia, where its major trading partners are located—helped to reinforce the official apartheid system.
With around 60 million inhabitants, the country ranks as the world’s 23rd most populous. Pretoria, Bloemfontein, and Cape Town are South Africa’s three capital cities, each housing the executive, judicial, and legislative branches of government. The largest city is Johannesburg.
The South Atlantic and Indian Oceans border South Africa on the south, Namibia, Botswana, and Zimbabwe on the north, and Mozambique, Eswatini, and the enclaved republic of Lesotho on the east and northeast. It is the most populous country south of the equator and the continent of the Old World’s southernmost country. With a diverse assortment of biomes, plants, and animals, South Africa is a biodiversity hotspot.
South Africa is a multicultural country with many different cultures, languages, and faiths. The constitution recognises 11 official languages, the fourth-highest number in the world, reflecting the country’s multicultural nature. According to the 2011 census, Zulu and Xhosa are the two most commonly spoken first languages (16.0%). The following two are European in origin: English (9.6%) symbolises the history of British colonisation and is widely used in public and business life.
Throughout the twentieth century, the black majority attempted to gain more rights from the country’s dominating white minority, which had a significant impact on the country’s recent history and politics. Apartheid was established in 1948 by the National Party, which formalised racial segregation. The repeal of discriminatory legislation began in the mid-1980s, after a lengthy and often violent campaign by the African National Congress (ANC) and other anti-apartheid activists inside and outside the nation.
In the country’s liberal democracy, which includes a parliamentary republic and nine provinces, all ethnic and linguistic groups have had political representation since 1994. South Africa is frequently referred to as the “rainbow nation” to represent the country’s multicultural richness, particularly since apartheid ended.
South Africa is a global upper-middle power with major regional influence and membership in both the Commonwealth of Nations and the G20. It is a developing country, with a Human Development Index of 114. It is a recently industrialised country, according to the World Bank, with the second-largest economy in Africa and the 33rd-largest in the world. In Africa, South Africa has the most UNESCO World Heritage Sites. South Africa’s government accountability and quality of life have significantly improved after the end of apartheid. However, violence, poverty, and inequality persist, with about a quarter of the population unemployed and living on less than US$1.25 per day in 2008.
Constitutional Framework of South Africa
The South Africa Act of 1909, enacted by the British Parliament, merged the Cape of Good Hope and Natal, two former British territories, with the Transvaal and Orange Free State, two former Boer (Dutch) republics. The new South African Union was built on a parliamentary system, with the British queen serving as the head of state. The Republic of South Africa Constitution Act of 1961 made the nation an independent republic from a British Commonwealth dominion.
South Africa’s political evolution has been affected by its colonial past and the white minority’s adoption of apartheid policies. A new nonracial interim constitution was ratified in 1993 and took effect in 1994, following massive protest and social instability. In 1997, the interim text necessitated a new, permanent constitution, which Parliament prepared in 1996.
Cultural life Of South Africa
South Africa is a study in contrasts, blending Western technology with indigenous technology, Western customs with African and Asian cultures. It also teaches about how cultures can sometimes blend, sometimes clash; for example, the villas of South Africa’s white elite and the tar-paper shacks of Black day labourers, office buildings with the most sophisticated electronic wiring and one-room houses without electricity are all within a short distance of one another. In terms of education and economic opportunities, there is still a significant divide between the white minority and the black majority. Nonetheless, South Africa is steadily removing some of these historical inequalities and their repercussions.
Different types of citizenship as NRIs in Cape Town, South Africa
There are three types of Indian citizens as NRIs in Cape Town, South Africa: –
- Citizen by birth: The individual is a citizen of India because he was born in India.
- Citizen by descent: A person can be an Indian citizen if one of his parents or grandparents holds Indian citizenship. If the parents of an individual are Indian citizens, then the individual can also claim Indian citizenship irrespective of the fact that they are born outside the country.
- Citizen by naturalization or registration: It states that an individual is an Indian citizen after registering for citizenship, or the citizenship is granted to the individual by the Ministry of Home Affairs.
Benefits of having a dual citizenship as NRIs in Cape Town, South Africa
As mentioned above, dual citizenship as NRIs in Cape Town, South Africa has its benefits. The individual with dual citizenship enjoys the below-given advantages: –
The first benefit is that after getting dual citizenship, the individual is independent to live, work, and carry out business in India as well as in the other country where he chooses to request citizenship.
The individual can own assets and property in both nations.
After getting dual citizenship, the individual can hold multiple passports and entries with lifelong visas.
If you are a registered Overseas Citizen of India (OCI). In that case, you will be charged the same entry fees as the Indian citizen to visit wildlife sanctuaries and national parks in India.
An individual can apply for Indian citizenship once he concedes foreign citizenship.
Is dual citizenship for NRIs in Cape Town, South Africa allowed?
Now the question arises, ‘Is dual citizenship of NRIs from Cape Town, South Africa allowed in India?’
Unfortunately, dual citizenship is entirely prohibited by the Indian constitution and legislation. The constitution of India does not have any provisions dealing with multiple or dual citizenships. But it doesn’t stop you from acquiring a second passport of a country. You can acquire the passport of another country, but after that, you are obligated to lose Indian citizenship. According to the Passport Act of 1967, every Indian resident must surrender their passport to the nearest Embassy after acquiring any other country’s nationality.
So, does it mean that after getting citizenship in another country, you will lose your status of being Indian?
After acquiring the citizenship of another country, the individual receives the status of an Overseas Citizen of India (OCI). Specific requirements are needed to be fulfilled to get dual citizenship. According to Articles 5, 6, and 8 of the Indian Constitution, the individual who voluntarily seeks citizenship of a foreign state will cease being Indian. The article maintains that individuals must surrender their Indian passports and other documents that establish their Indian citizenship at the nearest Indian Embassy. Now they will assume the foreign country’s nationality where the individual has raised the citizenship request.
Although the Indian Constitution does not have any provisions to deal with dual citizenship it allows Indian individuals to apply for an Overseas Citizen of India (OCI) card. The Overseas Citizen of India (OCI) card will make you eligible to get all the benefits received by an Overseas Citizen of India.
Eligibility criteria to apply for Indian Citizenship for NRIs in Cape Town, South Africa
Now the question is, who can get Indian citizenship for NRIs from Cape Town, South Africa in India? There are certain parameters that an individual should check before applying for citizenship in any nation. Though the eligibility parameters of citizenship vary from nation to nation, below, we are providing you with some basic parameters that one needs to meet while applying for citizenship in a country.
In terms of Indian citizenship, the individual is required to fulfill the below-given parameters: –
Firstly, an individual who is originally an Indian resident for at least seven years is eligible to apply for Indian citizenship.
Individuals married to Indian citizens are also eligible to apply for Indian citizenship. If your spouse is Indian and you don’t have Indian citizenship, you can apply for Indian citizenship.
The individual registered as an Overseas Citizen of India for five years is also eligible to apply for Indian citizenship.
If the parents of an individual have Indian citizenship, then the individual is allowed to apply for Indian citizenship. But here is a condition, the individual need to reside in India for at least one year before applying for Indian citizenship.
Overseas Citizen of India (OCI) from Cape Town, South Africa card
The people who can apply for the Overseas Citizen of India card are the people who were eligible for Indian citizenship as on 26 January 1950. The people who became citizens of India after 26 January 1950 and the people who were a citizen of the territory that merged with India after 15 August 1947. The children and minor offspring of the people mentioned above are also suitable for an Overseas Citizen of India (OCI) card. The citizen of Pakistan and Bangladesh are not eligible to apply for the Overseas Citizen of India (OCI) card. If you have an Overseas Citizen of India (OCI) card, then you can enjoy the following perks: –
After having an Overseas Citizen of India card, you are allowed to have a lifelong visa-free entry into India. The card also makes you eligible for an unlimited duration of stay in India.
People with Overseas Citizens of India (OCI) cards don’t need to report police after arriving in India.
People with Overseas Citizens of India (OCI) cards will get the same benefits as Non-Resident Indians in terms of property transactions, education, healthcare, housing scheme, investments, and many more.
But the Overseas Citizen of India card holder is not allowed to buy agriculture and plantation-related properties in India. Besides this, the people with Overseas Citizen of India (OCI) cards are not eligible to hold public office, vote in elections, and work for the government.
Documents required to apply for the Overseas Citizen of India (OCI) from Cape Town, South Africa card in India
While applying for an Overseas Citizen of Indian from Cape Town, South Africa card in India, the individual is required to submit the below-given documents:-
Firstly, you need to submit proof of present citizenship.
They will ask you to submit a copy of a canceled Indian passport along with the original passport that must have a drill stamp and validity of a minimum of six months. The applicants need to submit a copy of both the passport (Indian passport and passport of the other country where he seeks citizenship).
You need to submit your residential proof.
If the individual claims an Overseas Citizen of India card based on Indian origin, he must submit evidence of the relationship. The individual is required to submit proof of relationship with parents are grandparents.
The applicant must submit the details of their present and previous job profile.
If the individual has a Person of Indian Origin (PIO) card, he must submit a copy of the card.
If you are married, you must submit a copy of the registered marriage certificate.
Lastly, the individual needs to submit the photo with a light-colored background.
The process to apply for an Overseas Citizen of India (OCI) from Cape Town, South Africa card in India
The procedure to apply for dual citizenship varies according to the country. To know the exact application, the individual must contact the Embassy or the country’s consulate. First of all, you should know that not all countries allow holding dual citizenship, so you need to find out whether the country in which you are applying for dual citizenship allows you to do so. As mentioned above, after getting citizenship from other countries, the individual must submit the Indian passport and other related documents to the nearest Embassy. Though India does not allow holding dual citizenship, the applicant can apply for an Overseas Citizen of India (OCI) card. Follow the below-given steps to apply for an Overseas Citizen of India (OCI) card.
First of all, you need to visit the main website of Overseas Citizen of India (OCI) services. For that, type https://ociservices.gov.in/ in your web browser, and the link will redirect you to the main website.
Now you need to register yourself on the Overseas Citizen of India website. Here we advise you to read the eligibility criteria and documentation before applying.
Now tap on the option of ‘apply online.’
Next, you need to fill out the form.
After filing the form apply all the requisite documents with signature and photograph. For minors and people who cannot sign, an impression of the left thumb is required, along with the application.
Submit the application form on the website.
You need to print out the form in the application with an International Traffic in Arms Regulations (ITAR) number.
The individual must submit all the documents (except the current passport)along with the application form. Visa Facilitation Services (VFS) Global will charge fees, and one can pay the fees in cash or through a card at the time of application submission. Remember that all the original documents submitted with the application will be sent in the self-addressed envelope after verification of the details. So, ensure that the address which you have provided is correct.
Always remember that the online application submitted for more than 180 days cannot be accepted at Visa Facilitation Services (VFS) Global. In case the application submitted by you exceeds 180 days then you are required to fill out the online application again.
Besides this, applicants are required to upload all the documents with the application. One can upload single or multiple pages in the form of PDF in low resolution or other similar categories available. Your application will be rejected if you do not provide all the documents required to apply for an Overseas Citizen of India card. You also need to submit one copy of the supporting documents with the application.
Benefits of holding an Overseas Citizen of India (OCI) from Cape Town, South Africa card in India
There are many benefits of holding an Overseas Citizen of India (OCI) from Cape Town, South Africa card in India.
A person with an Overseas Citizen of India card can have multiple lifelong entries to visit India. The individual does not need to register with local police authorities after 180 days of arriving in India. Besides this, there is no requirement for special permission to work and study in India if the individual has an Overseas citizen of India card. Lastly, Non-Resident Indians and Overseas Citizens of India cardholders have similar financial and educational benefits.
Though the Overseas Citizen of India card is a very useful card, it still has its limitations. A person with an Overseas Citizen of India card is not eligible to purchase agriculture or plantation-related land in India. The person with an OCI card does not qualify for any government job and is not allowed to participate in elections. So, after losing Indian citizenship, the person loses all the political rights in the country. The individual is not able to reclaim those political rights even if he has an Overseas citizen of India card. Once an individual terminates his Indian citizenship, he will no longer be part of the decision-making or policy-framing process.
Advantages of being a Non-Resident Indian from Cape Town, South Africa in India
The advantages of being a Non-Resident Indian from Cape Town, South Africa in India are as follows: –
If you are a Non-Resident Indian, then you have the availability of exceptional overseas accounts. The Indian education system has a special reservation quota for you. You will be eligible to vote in India and vote in the elections. Lastly, your income outside India will not be subjected to taxation unless the payment is received within India.
Like OCI, the NRI status also has some limitations. An NRI is not eligible to purchase agricultural or plantation-related land in India. Along with this, the income earned within India will be completely taxable.
Difference between an NRI and OCI from Cape Town, South Africa
Many people use the term Non-Resident Indian and Overseas Citizen of India interchangeably in the same context. A Non-Resident of India and an Overseas Citizen of India are two different statuses. Non-Resident Indian is a residential status designed by the Income Tax Department of India, and an NRI status is efficient only during filling income tax returns. On the other hand, the Overseas Citizen of India is an immigration status, and it is a special visa provided to foreign nationals by the Indian government of Indian origin. The major difference between The NRI and OCI is that an NRI is a residential status while an OCI is immigration status.
Renunciation of Indian citizenship by NRIs in Cape Town, South Africa
Many people want to get citizenship in foreign countries or want to get a green card. You need to know that before applying for citizenship of any other nation, an individual (NRI) is required to either terminate or renounce his Indian citizenship in India. If an individual seeks the citizenship of any other country through registration on naturalization, their citizenship in India will be terminated. They must surrender their Indian passport and all other documents claiming their Indian citizenship. If you already have citizenship from another country and still hold your Indian passport. In that case, the Government of India can take strict actions against you for carrying Indian and foreign passports. Carrying two citizenships at one time is a crime in India. A minor Indian citizen has the opportunity to recover their Indian citizenship till they reach the age of 18.