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Goans with Portuguese citizenship eligible for OCI card

Background

Following a November 2022 memorandum by the Ministry of External Affairs, Indian authorities have initiated the process of revoking the passports of individuals from Goa who have obtained Portuguese citizenship. This action is taken due to the alleged “suppressing material information” regarding the acquisition of foreign nationality.

Legal Implications

Under the Constitution of India, holding Indian citizenship and citizenship of another country simultaneously is not permitted. However, the Government of India offers Overseas Citizenship of India (OCI) under specific conditions, granting certain rights to OCI cardholders. For instance, OCI cardholders can invest in residential and commercial properties in India but are restricted from purchasing agricultural land or plantation properties.

OCI status does not equate to citizenship but provides immigration privileges, allowing individuals of Indian origin from abroad to reside and work in India indefinitely.

Current Situation

Portugal extends the opportunity for individuals born in Goa before December 19, 1961, and their descendants up to two generations, to register as Portuguese citizens. Over the years, many residents of Goa have pursued Portuguese citizenship by registering their births in Lisbon’s Central Registry. This move enables them to access employment and educational prospects within the European Union.

Recent Developments

Recently, two individuals from Goa challenged the revocation of their Indian passports by the regional passport office in Panaji through petitions filed in the Bombay High Court. The petitioners assert that they did not withhold any crucial information and renewed their Indian passports after registering their births in Portugal, a prerequisite for obtaining Portuguese citizenship and passports.

The Ministry of External Affairs has directed passport authorities nationwide to issue mandatory “revocation orders” in such cases.

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