What is the status of any Indian who has left India and stayed abroad for more than 10 years?
Are you an Indian citizen who has been living abroad for more than 10 years? If so, you may be wondering about your legal status in India. In this blog post, we’ll look at the rights and responsibilities of any Indian who has left their home country and stayed abroad for over a decade. We’ll discuss how long they can remain overseas, what their rights are in India, and what they can expect if they decide to return to India. Read on to find out all the important details you need to know!
1) Citizenship
Under Indian law, a person who has stayed abroad for more than 10 years is considered a Non-Resident Indian (NRI). This means that they are not a citizen of India and do not have the right to vote or own property in India. However, an NRI can still retain their Indian citizenship, provided they have fulfilled the necessary requirements. This includes having a valid Indian passport and applying for Overseas Citizenship of India (OCI). The OCI will allow them to live and work in India without the need for a visa. It also provides access to certain services and facilities available to Indian citizens, such as access to consular services and duty-free import/export of personal goods.
2) Taxation
For any Indian who has left the country and stayed abroad for more than 10 years, their status with regards to taxation is determined by the period of their stay outside India.
If an individual is residing outside India for a period less than or equal to 183 days in a financial year, then he/she would be treated as an ordinary resident of India for that particular financial year. In such a case, the person’s income from all sources (inside and outside India) would be taxable in India.
If an individual is residing outside India for a period more than 183 days but less than or equal to 60 months (5 years), then he/she would be treated as Non-resident of India for the financial year in which the period of stay is more than 183 days. In such a case, the person’s income from sources within India would be taxable in India and income from sources outside India would be exempt from tax in India.
However, if an individual is residing outside India for a period more than 60 months (5 years), then he/she would be treated as Non-resident of India for all subsequent financial years until his/her stay in India exceeds 182 days in any financial year. In such a case, the person’s income from all sources would be exempt from tax in India.
3) Bank Accounts
If you are an Indian who has left India and stayed abroad for more than 10 years, you may still have bank accounts in India. However, you may be subject to different restrictions and regulations depending on the type of account you have.
Savings Accounts: Any Indian citizen who leaves India and stays abroad for more than 10 years is not allowed to hold a savings account in India. However, if you have an existing savings account that you opened before leaving India, it can still be operational and you can continue to use it to make transactions.
Current Accounts: Indian citizens who stay abroad for more than 10 years are not allowed to open a new current account in India. However, if you have an existing current account that you opened before leaving India, you can continue to operate it and use it for transactions. You may be subject to certain regulations such as reporting of foreign exchange transactions and other restrictions imposed by the Reserve Bank of India (RBI).
Fixed Deposits: Indian citizens who stay abroad for more than 10 years are not allowed to open a new fixed deposit account in India. However, if you have an existing fixed deposit account that you opened before leaving India, you can continue to operate it and use it for transactions.
NRE/NRO Accounts: These are non-resident external (NRE) and non-resident ordinary (NRO) accounts that are available to NRIs who stay abroad for more than 10 years. These accounts enable NRIs to park their income earned abroad in India in Indian rupees or any other foreign currency. They can also be used for making payments to Indian residents or for transferring funds to overseas accounts.
It is important to note that any income earned abroad is taxable in India and must be reported when filing your tax returns. Therefore, it is essential to be aware of the applicable tax laws and regulations before opening or operating any bank account in India.
4) Driving License
For an Indian who has left India and stayed abroad for more than 10 years, their status for a driving license is complicated. If the individual holds a valid Indian driving license, then it is valid for up to 6 months from the date of entering India. After that, the individual must get their Indian license renewed or obtain a local license from the state in which they are residing. In some states, the individual may be required to take a written and/or practical test in order to obtain a local license.
For those who have stayed abroad for more than 10 years and do not hold a valid Indian driving license, they will need to apply for one before they enter India. This can be done through the relevant regional transport authority (RTA). Depending on the state and the individual’s nationality, they may need to complete an eligibility test or an examination. The individual may also need to submit documents such as passport, visa, proof of address and other relevant documents.
Once an individual has obtained an Indian driving license, they will need to renew it every 5 years or before it expires. This can be done online through the RTA website. Renewal fees and other charges may apply.
5) Passport
One of the most important documents for any Indian citizen is their passport, and this also applies to those who have left India and stayed abroad for more than 10 years. In such a case, the Indian passport becomes invalid after the completion of its expiry date or once the holder has acquired foreign citizenship or permanent residence status in another country.
If you are an Indian national who has been living outside India for more than 10 years, you can apply for a fresh passport. You will need to submit all the necessary documents along with your application form. Some of these documents include your proof of identity and residence, proof of current citizenship status, and photographs that meet the passport requirements. Once your application is approved, you will receive a new passport.
It is important to note that a passport renewal or re-issue process may take longer if you are residing outside India. You may need to present additional documents in order to demonstrate that you meet the eligibility requirements for obtaining a new passport. The Consulate General of India (CGI) is responsible for issuing passports in many countries. You can contact your nearest CGI office for more information regarding the process and requirements for passport issuance.