Shaun Tait Becomes A Overseas Citizen Of India

[Texan]

5 hours ago, Malcolm Merlyn said:

 

OCI have all priviledges except the 3 i mentioned.OCI Vikram Rathore was National Selector.

Interesting. Didn't know that.

 

So, this looks like a gem of a move from Tait. He can play IPL as a local player and probably get a better price at the auctions too. I am wondering now - can he play for India? If only those 3 items are excluded, then playing for India does not seem to be excluded. 

[zen]

I don't think Ind allows dual citizenship. OCI, at this point, is more like a life long visa 

[Texan]

6 minutes ago, zen said:

I don't think Ind allows dual citizenship. OCI, at this point, is more like a life long visa 

India does not allow dual citizenship. It is for permanent residence.

[zen]

5 hours ago, Malcolm Merlyn said:

 

He was.He gave it up.He was a OCI when he took up selectors job.

 

OCI have all priviledges bhai.

But Team Ind gets foreign coaches too .... BCCI is not a govt organization so holding a post as a national selector is not counted as holding a post with government of Ind, therefore an OCI can take a job with BCCI .... However, team Ind represents Ind so there could be different provisions

 

Note that Ind does NOT allow dual citizenship. At this point OCI, despite what the name suggests, is more like a life long visa which basically allows you to live, work, etc. in Ind with some exceptions 

 

[zen]

6 minutes ago, Texan said:

India does not allow dual citizenship. It is for permanent residence.

That is inaccurate .... An OCI has no "minimum number of days to stay / live in Ind" requirements. In fact, an OCI does not even need to come to Ind if he/she does not wish to .... However, if an OCI chooses to live in Ind, he can w/o restrictions (except voting, etc.) 

Edited March 19, 2017 by zen

[Texan]

5 minutes ago, zen said:

That is inaccurate .... An OCI has no minimum number of days to stay / live in Ind requirements. However, if an OCI chooses to live in Ind, he can 

So, what is inaccurate?

[zen]

1 minute ago, Texan said:

So, what is inaccurate?

As explained - OCI is not for permanent residence. In fact, an OCI does not even need to come to Ind if he/she does not wish to .... However, if an OCI chooses to live in Ind, he can w/o restrictions (except voting, etc.)

 

A permanent resident is required to live in a country for a certain amount of time. And you don't need to be of Indian origin to apply to be a permanent resident. For example, an American citizen not of Indian origin can be a permanent resident of Ind for e.g. if he/she is leading a company in Ind

 

[zen]

Also OCI is not equal to NRI 

 

NRI = Non Resident Indian. I.e. an Indian citizen not living in Ind (out of country for 180 days+ per year)

 

Permanent Resident = Anyone, whether of Indian origin or not, who meets residence criteria to live in a country .... And not a citizen of the country he/she is residing in 

 

OCI = Overseas Citizen of India .... Anyone of Indian orgin, who is not a citizen of Ind (or probably married to an Indian citizen) with life long Indian visas and other provisions more closely matched to NRIs' .... An OCI is not required to live in Ind for min number of days per year. However, if he/she wishes to live in Ind, can 

Edited March 19, 2017 by zen

[Texan]

8 minutes ago, zen said:

As explained - OCI is not for permanent residence. In fact, an OCI does not even need to come to Ind if he/she does not wish to .... However, if an OCI chooses to live in Ind, he can w/o restrictions (except voting, etc.)

 

A permanent resident is required to live in a country for a certain amount of time. And you don't need to be of Indian origin to apply to be a permanent resident. For example, an American citizen not of Indian origin can be a permanent resident of Ind for e.g. if he/she is leading a company in Ind

 

Where did you get that generic definition from? A permanent residence is not required to live in the country for any amount of time. The laws for permanent residence vary from country to country. There is no generic rule that they have to spend a certain amount of time in that country.

[zen]

Just now, Texan said:

Where did you get that generic definition from? A permanent residence is not required to live in the country for any amount of time. The laws for permanent residence vary from country to country. There is no generic rule that they have to spend a certain amount of time in that country.

If a permanent resident is not required to live in a country for certain amount of time, how is he/she is a permanent resident?

 

Also refer to post # 28

[Muloghonto]

1 minute ago, zen said:

If a permanent resident is not required to live in a country for certain amount of time, how is he/she is a permanent resident?

 

Also refer to post # 28

Because most countries will allow you to remain a PR even if you reside outside the country for years at a time, so long as you have a legitimate reason to be out of the country for that long AND show reasons of attachment towards your adopted country (the country you are PR in).

This most commonly comes up, if you are a PR of a country who works for the Embassy system- i.e., you are a consular clerk for Canada in Australia but you are a PR of Canada. In this case, you will be allowed to remain PR even if you don't meet the residency criteria. 
Another one is when you are PR but married to a citizen of the country who re-located overseas after marriage. Ie, you are PR in Canada, marry a Canadian citizen and then two months later, you both move to UK for your spouse's job. You also get to keep your PR in such a scenario, even if you don't return to Canada.

 

[Texan]

2 minutes ago, zen said:

If a permanent resident is not required to live in a country for certain amount of time, how is he/she is a permanent resident?

 

Also refer to post # 28

What do you mean? If I am a citizen of country A and I get Permanent Residence for country B, there is no generic rule that says I have to live in country B. I am free to go to country B for any reason and for any length of stay. I don't HAVE TO STAY in country B for X number of days to get my Permanent Residence. I can get Permanent residence in country B (unless country B imposes specific restrictions on the same) even if I have not stayed there for even a day. For example, I can get Permanent Residence to live in Australia, Canada without even visiting the country. Likewise, if someone has a relative in USA who can sponsor their Green Card, they can get a Green Card without spending a single day in USA.

 

Post # 28 does not state any residence requirements.

[Muloghonto]

1 minute ago, Texan said:

What do you mean? If I am a citizen of country A and I get Permanent Residence for country B, there is no generic rule that says I have to live in country B. I am free to go to country B for any reason and for any length of stay. I don't HAVE TO STAY in country B for X number of days to get my Permanent Residence. I can get Permanent residence in country B (unless country B imposes specific restrictions on the same) even if I have not stayed there for even a day. For example, I can get Permanent Residence to live in Australia, Canada without even visiting the country. Likewise, if someone has a relative in USA who can sponsor their Green Card, they can get a Green Card without spending a single day in USA.

 

Post # 28 does not state any residence requirements.

Yes, but to keep your permanent residency active for the next calendar year (or when your arrival grace period runs out), you typically have to spend 183 days a calendar year in that country (i.e., 1 day more than 6 months). Ie, if you get your Canadian PR, you have 2 years to show up and claim landed status. From then on, you have to meet 183 days of residency in Canada for every calendar year, to keep your PR status active, unless you have the above mentioned special case scenarios apply to you. You could be PR in Canada for 10+ years but if you leave Canada for 8 months on your 11th year, your PR automatically expires.

 

[zen]

2 minutes ago, Texan said:

What do you mean? If I am a citizen of country A and I get Permanent Residence for country B, there is no generic rule that says I have to live in country B. I am free to go to country B for any reason and for any length of stay. I don't HAVE TO STAY in country B for X number of days to get my Permanent Residence. I can get Permanent residence in country B (unless country B imposes specific restrictions on the same) even if I have not stayed there for even a day. For example, I can get Permanent Residence to live in Australia, Canada without even visiting the country. Likewise, if someone has a relative in USA who can sponsor their Green Card, they can get a Green Card without spending a single day in USA.

 

Post # 28 does not state any residence requirements.

In Canada you can't unless married to a Canadian / some special case:

 

"To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.

The two years may not need to be continuous. An officer can confirm if your time in Canada counts when you:

• re-enter Canada, or
• apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen,
• a child^Footnote1 travelling with his or her father or mother who is a Canadian citizen,
• an employee of (or under contract to) a Canadian business.

It may also count if you are:

• travelling with your spouse or partner who is a permanent resident and works full-time for:
  • a Canadian business, or
  • the public service of Canada or a province,
• a child travelling with his or her father or mother who is a permanent resident and who works full-time for:
  • a Canadian business, or
  • the public service of Canada or a province.
• an employee of (or under contract to) the public service of Canada or a province and you are on a full-time assignment to:
  • a position outside Canada,
  • a partner business outside Canada, or
  • a client of the Canadian business or the public service outside Canada."

[Texan]

2 minutes ago, zen said:

In Canada you can't unless married to a Canadian / some special case:

 

"To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.

The two years may not need to be continuous. An officer can confirm if your time in Canada counts when you:

• re-enter Canada, or
• apply for a permanent resident card.

Time spent outside Canada may also count towards the two years if you are:

• travelling with your spouse or partner who is a Canadian citizen,
• a child^Footnote1 travelling with his or her father or mother who is a Canadian citizen,
• an employee of (or under contract to) a Canadian business.

It may also count if you are:

• travelling with your spouse or partner who is a permanent resident and works full-time for:
  • a Canadian business, or
  • the public service of Canada or a province,
• a child travelling with his or her father or mother who is a permanent resident and who works full-time for:
  • a Canadian business, or
  • the public service of Canada or a province.
• an employee of (or under contract to) the public service of Canada or a province and you are on a full-time assignment to:
  • a position outside Canada,
  • a partner business outside Canada, or
  • a client of the Canadian business or the public service outside Canada."

That's what I said. Some countries might impose special rules around it. However, there is no generic rule around PR for minimum length of stay. Permanent Residence generally means that:

1. You do not need a reason to enter a country (work, leisure, medical, etc.). 

AND

2. You do not have any restriction on the length of your stay in the country.

 

Most countries follow these two basic principles for defining permanent residency. Some countries might impose additional rules to ensure that you are indeed using your permanent residence wisely and showing some ties to that country. Every country has their own rules, but the basic tenets are the same. OCI is, in that way, permanent residence for citizens of other countries who can show that they have ties to India.

 

[Texan]

9 minutes ago, Muloghonto said:

Yes, but to keep your permanent residency active for the next calendar year (or when your arrival grace period runs out), you typically have to spend 183 days a calendar year in that country (i.e., 1 day more than 6 months). Ie, if you get your Canadian PR, you have 2 years to show up and claim landed status. From then on, you have to meet 183 days of residency in Canada for every calendar year, to keep your PR status active, unless you have the above mentioned special case scenarios apply to you. You could be PR in Canada for 10+ years but if you leave Canada for 8 months on your 11th year, your PR automatically expires.

 

What I am trying to say is that there is no generic rule around permanent residency that applies to all countries on minimum length of stay. Generally, most countries follow two guiding principles around PRs such that when you attempt to enter the country, you do not need to have any reason to do so and that there is no restriction on the amount of days you stay in that country. This is what distinguishes PRs from visas.

[zen]

18 minutes ago, Texan said:

That's what I said. Some countries might impose special rules around it. However, there is no generic rule around PR for minimum length of stay. Permanent Residence generally means that:

1. You do not need a reason to enter a country (work, leisure, medical, etc.). 

AND

2. You do not have any restriction on the length of your stay in the country.

 

Most countries follow these two basic principles for defining permanent residency. Some countries might impose additional rules to ensure that you are indeed using your permanent residence wisely and showing some ties to that country. Every country has their own rules, but the basic tenets are the same. OCI is, in that way, permanent residence for citizens of other countries who can show that they have ties to India.

 

Permanent residency "under normal circumstances" requires the holder to spend some amount of time in the country where he/she is "residing" in

 

Below are Green Card requirements for example: 

 

"If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

 

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance.Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S."

 

 

The point here is that through OCI one can live permanently in Ind or not live in / come to Ind at all. OCI allows that flexibility and therefore different from normal permanent residency requirements, which, under normal circumstances, would require one to live in the country for some amount of time otherwise he/she is not a "permanent resident" 

Edited March 19, 2017 by zen

[zen]

To summarize for everyone's benefit:

 

• Indian citizen: A citizen of Ind who meets Indian passport requirements (Ind does not allow dual citizenship) 
• NRI: An Indian passport holder who lives out of Ind for more than 180+ days per year. An NRI can be a permanent resident of another country 
• Permanent Resident: A non-Indian citizen granted residency permit to conduct some sort of long term activity in Ind. Would need to comply to some type of minimum residency in Ind requirements 
• OCI (Overseas Citizen of Ind), where one is NOT a citizen of Ind but enjoys many (not all) of the rights enjoyed by Indian citizens including having the flexibility to reside in Ind, visit Ind at his/her convenience or NOT visit Ind at all 

Edited March 19, 2017 by zen

[BeautifulGame]

50 minutes ago, zen said:

As explained - OCI is not for permanent residence. In fact, an OCI does not even need to come to Ind if he/she does not wish to .... However, if an OCI chooses to live in Ind, he can w/o restrictions (except voting, etc.)

 

A permanent resident is required to live in a country for a certain amount of time. And you don't need to be of Indian origin to apply to be a permanent resident. For example, an American citizen not of Indian origin can be a permanent resident of Ind for e.g. if he/she is leading a company in Ind

 

Are u suggesting a An foreign national need to live in India certain period of time if he is on work , to be classified as an Indian resident .

Because that's not correct.

[BeautifulGame]

 

1 minute ago, zen said:

 

 

To summarize of everyone's benefit:

 

 

• NRI, an Indian passport holder who lives out of Ind for more than 180+ days per year

 

 

Actually that's only IT act definition.

 

 

 

 

 

 

 

As per FEMA guidelines which is more important , if your period of stay outside India is uncertain , one is classified as NRI.

 

 

 

 

 

 

 

Say if u r a student and and going to Canada to study for 3 month course ,u will still be treated as NRI from the day u r leaving the country.