Shaun Tait Becomes A Overseas Citizen Of India

[Texan]

7 minutes ago, zen said:

To summarize of 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
• 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 

Errr.... which Permanent Residence is this? How do you get it?

[Texan]

31 minutes ago, zen said:

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" 

I am aware of the Green Card laws. In practice, these are generally not strictly adhered to. I know of many people who have a US Green Card and have spent 100% of their time for years (more than 2 years) outside USA and re-entered USA on the same Green Card.

[BeautifulGame]

Errr.... which Permanent Residence is this? How do you get it?

 

I think he is referring to foreigners who come in employment visa.

 

Usually they are treated as Indian residents and taxed from first day.

[zen]

10 minutes ago, Texan said:

Errr.... which Permanent Residence is this? How do you get it?

One acquired to conduct some type of long term activity in Ind. For e.g. leading a company, retiring, etc. 

 

 

Below

@BeautifulGame

Quote

 

Actually that's IT act definition.

 

As per FEMA guidelines , 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.

 

It could be IT definition, which is what counts for me

 

 

Quote

 

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.

 

From post 38 - 

• 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 

Edited March 19, 2017 by zen

[Texan]

Just now, BeautifulGame said:

 

I think he is referring to foreigners who come in employment visa.

 

Usually they are treated as Indian residents and taxed from first day.

That is still a visa and if I am not mistaken, has a validity date and if the person intends to exceed that then it needs to be renewed, which means it is not Permanent Residence. A PR does not need to be renewed if you are living in the same country.

[Texan]

Just now, zen said:

One acquired to conduct some type of long term activity in Ind. For e.g. leading a company, retiring, etc.

Which one are you talking about? I don't believe there is anything like that.

[zen]

5 minutes ago, Texan said:

I am aware of the Green Card laws. In practice, these are generally not strictly adhered to. I know of many people who have a US Green Card and have spent 100% of their time for years (more than 2 years) outside USA and re-entered USA on the same Green Card.

"Survivorship Bias"

[Texan]

1 minute ago, zen said:

"Survivorship Bias"

Incorrect. They did not fall through the system. They simply convinced the immigration officer that they had a valid reason to be out.

[BeautifulGame]

That is still a visa and if I am not mistaken, has a validity date and if the person intends to exceed that then it needs to be renewed, which means it is not Permanent Residence. A PR does not need to be renewed if you are living in the same country.

 

Yep .

[zen]

5 minutes ago, Texan said:

Which one are you talking about? I don't believe there is anything like that.

See below:

 

Residence permit and PAN

A residence permit is a requirement for foreigners staying in the country for longer than 180 days. It is issued following registration at the FRRO and is valid for the duration specified in the holder’s visa.

All those working in India require a Permanent Account Number (PAN). This is a unique identifying number issued by the Indian Income Tax Department and is essential for all those wishing to work in India and to obtain a residence permit.

• For more information from the Indian government online portal: Click here
• A PAN application form: Click here (PDF in English)
• Guidelines for filling out the application form: Click here

Visa Extensions

Extensions to visas are reviewed on an individual case basis. Applications must be submitted well in advance of current visa expiry, and various documents are required for each specific visa.

- See more at: https://www.angloinfo.com/how-to/india/moving/residency/long-term-visas#sthash.AnDMXpp3.dpuf

 

https://www.angloinfo.com/how-to/india/moving/residency/long-term-visas

[BeautifulGame]

From post 38 - 

• 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 

 

If u are an NRI what should matter in FEMA .Unless there r tax issues IT act has no relevance really.

 

 

[zen]

4 minutes ago, Texan said:

Incorrect. They did not fall through the system. They simply convinced the immigration officer that they had a valid reason to be out.

Bolded parts 

 

Thank you

 

Edited March 19, 2017 by zen

[Texan]

3 minutes ago, zen said:

See below:

 

Residence permit and PAN

A residence permit is a requirement for foreigners staying in the country for longer than 180 days. It is issued following registration at the FRRO and is valid for the duration specified in the holder’s visa.

All those working in India require a Permanent Account Number (PAN). This is a unique identifying number issued by the Indian Income Tax Department and is essential for all those wishing to work in India and to obtain a residence permit.

• For more information from the Indian government online portal: Click here
• A PAN application form: Click here (PDF in English)
• Guidelines for filling out the application form: Click here

Visa Extensions

Extensions to visas are reviewed on an individual case basis. Applications must be submitted well in advance of current visa expiry, and various documents are required for each specific visa.

- See more at: https://www.angloinfo.com/how-to/india/moving/residency/long-term-visas#sthash.AnDMXpp3.dpuf

 

https://www.angloinfo.com/how-to/india/moving/residency/long-term-visas

Read the last paragraph. This is still a visa and only grants you extensions, which need to be renewed. It does not grant you unrestricted and unlimited stay.

[Texan]

5 minutes ago, zen said:

Bolded parts 

 

Thank you

 

Proves zilch.

 

What I am telling you is that a generic definition of Permanent Residence does not include any minimum requirement rules. These are specific rules that some countries apply.

 

If you want to try googling the definition, then do so. Here is what Wikipedia says (and I swear I didn't edit it in the last few minutes):

 

Permanent residency refers to a person's visa status. The person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident.

 

As you can see, there is no minimum requirement rule in the definition.

 

But, as I have seen in the past, you will be incapable of accepting it and will try to come up with new definitions that suit your argument. So, continue doing so.

[zen]

3 minutes ago, BeautifulGame said:

 

If u are an NRI what should matter in FEMA .Unless there r tax issues IT act has no relevance really.

 

 

Why would even FEMA matter if an NRI is not or only occasionally returning to Ind (living as a PR in another country)

 

 

[zen]

6 minutes ago, Texan said:

Read the last paragraph. This is still a visa and only grants you extensions, which need to be renewed. It does not grant you unrestricted and unlimited stay.

And through extensions reside permanently in Ind

[Texan]

Just now, zen said:

And through extensions reside permanently in Ind

Extensions may or may not be granted on the basis of the case. Even people residing in US on visas can request for extensions indefinitely. They are treated on a case-by-case basis. Permanent residency does not require one to request for any extensions. That is the fundamental difference between permanent residency and visas.

[zen]

2 minutes ago, Texan said:

Proves zilch.

So how many people you know stayed out of US for 10 years and still re-entered the country on Green Card? 

 

Quote

 

What I am telling you is that a generic definition of Permanent Residence does not include any minimum requirement rules. These are specific rules that some countries apply.

 

If you want to try googling the definition, then do so. Here is what Wikipedia says (and I swear I didn't edit it in the last few minutes):

 

Permanent residency refers to a person's visa status. The person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident.

 

As you can see, there is no minimum requirement rule in the definition.

 

 

 

Please google the term - "permanent" and "residence" and add them together .... You would get that visa to reside in the country, therefore most of the countries (because I do not know the laws of every country on the planet) would require you to reside in the country for some amount of time 

 

Quote

 

But, as I have seen in the past, you will be incapable of accepting it and will try to come up with new definitions that suit your

argument. So, continue doing so.

 

Bhai, I am not arguing with you but only informing you .... I don't even know who you are! 

 

 

[zen]

6 minutes ago, Texan said:

Extensions may or may not be granted on the basis of the case. Even people residing in US on visas can request for extensions indefinitely. They are treated on a case-by-case basis. Permanent residency does not require one to request for any extensions. That is the fundamental difference between permanent residency and visas.

Permanent residency is a type of visa .... Below is what you quoted:

 

 

Permanent residency refers to a person's visa status. The person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident.

 

Also note that PR needs to be reapplied for every few years .... I think it is every 5 years in Canada

Edited March 19, 2017 by zen

[Texan]

5 minutes ago, zen said:

Permanent residency is a type of visa .... Below is what you quoted:

 

 

Permanent residency refers to a person's visa status. The person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident.

 

Also note that PR needs to be reapplied for every few years .... I think it is every 5 years in Canada

Why do you need to reapply it if you are living in Canada? What happens if you exceed 5 years and do not reapply? I do not believe that you need to renew anything if you were just living in Canada. You might have to renew your travel document if you left the country.