Questions | Moving from Indian to Canadian Citizenship

[Can2022]

Hi All,

I am an Indian and have been in Canada for last 8 years; I am now eligible for applying Canadian citizenship. However, as Indians cannot hold any dual citizenship, i will have to let go of Indian citizenship if I proceed with Canadian and get an OCI. Thereby, I have some questions where I am hoping I can get some of your inputs which can help me make a decision. Please note, my wife is already a Canadian citizen.

Generic Questions

1. Can OCI holders buy agricultural land in India?
2. If I need to start any business in India, do I need to pay extra being a foreigner and an OCI holder?
3. Being a Canadian citizen, If I stay outside Canada for 15 years or so, would I be still eligible for pension benefits?
4. Can I apply for any Indian govt pension scheme when I am in India by having Canadian passport or by holding OCI?
5. Any possibilities of Dual citizenship by India?
6. If I hold a Canadian passport and pursue my studies abroad like US,UK or Europe, would I have to pay lower fee or any additional benefits on Canadian passport as compared to Indian?
7. Would I be getting any benefits in India when I am holding foreign passports like easy to get any railways, flight, any other tickets or any reservations on govt policies etc. ?
8. Does OCI holder needs to get additional approval to visit J&K or Ladakh area or Taj Mahal ?
9. While in India, where all Passport is required ?

Questions related to Finance

1. After having Canadian citizenship, if I live in another country for a longer period like 10-15 years, would I still need to pay taxes in Canada? Any other charges to be paid while I am away from Canada?
2. If, being a Canadian citizen, I live in India for an extended period, would I still get a T4 from Canada?
3. Is it required to submit Canada tax documents in March even when I am not in Canada entire year and no income generated from Canada.
4. What all are the formalities need to be completed in Canada when I declare that i will be staying in India for next 30 years.
5. In case I buy property in India, do I need to pay more being an NRI or OCI holder?
6. Can I keep my NRE account activated for next 10 years even if I am in India.
7. Difference in loan rates for Indians and foreign nationals, for buying properties, apartments, cars, education loan etc.

Questions related to Job

1. Is it easier to get work visa for any country being an Indian citizen rather than Canadian citizen?
2. How easy it is to get a job in Singapore or Dubai on Indian passport as compared to Canadian passport?
3. With Canadian citizenship, what all countries am I eligible to work without any work visa.
4. Any countries where getting work visa is difficult being a citizen of Canada.
5. In case I continue to hold Indian citizenship and my wife is transferred to any European company for work eg.s Germany, can I still get a dependent work visa being holding a different passport?
   
   
6. Let's say, If I get a job in Europe, can I travel alone on Indian passport and can my wife travel alone on Canadian passport without making each other as a dependent and wife works. In case wife needs to get sponsored for work visa, will her Canadian passport be a problem.
7. Scenario - If I work for an Indian based employer in India being a Canadian citizen and an OCI holder and my Indian employer wants me to travel to UK or Germany or any other country. In that case, my salary structure that Indian employer has to design would be as per minimum wages for work permit applicable for Indian citizens in UK/Germany or Canadian citizens in UK/Germany?
8. How easy is it to send an employee to onsite for Indian based company in India on Canadian passport. Would Indian employer prefer to nominate the employee on the basis of salary structure or will look a factor of Canadian passport and less headache for visa cost.
9. Can I apply for IDP (International Driving Permit) from India by having Canadian passport. So IDP would depend on passport or Indian driving license?

Questions related to Minors

1. What citizenship will the child have if one parent is Canadian during birth time and other is Indian. Child is born in India.
2. What citizenship will the child have if both parents are Canadian during birth time and grandparents are Indian and born in India. Any possibility child can have Indian citizenship.
3. If mother is Canadian and father also applies for Canadian citizenship after birth of child, is it mandatory to put child's name also in the application? Can the child remain Indian when parents are Canadian.
4. Let's say parents and child all are Canadians and hold OCI. After 5 years if one parent converts back to Indian citizen then can Child become Indian or would it depend on both parents citizenship?
5. If parents have to travel on Canadian passport to other country for work , if child is Indian, can he/she also get visa even being on Indian passport.
6. For granting of visa to Minors, Is the child evaluated based on citizenship of both parents or his own?
7. For education system in India, is the fee for foreign nationals holding OCI same as residents ? Any additional reservation or preference for foreign nationals for education of a child from KG1 till 12th class.
8. What are the competitive exams in India where NRIs will get reservation or may need to pay extra fees.
9. Avg Graduation fees for engineering, MBBS, and all other courses. Is their any parity of OCI holders against Indian citizens?
10. Can one parent sponsor a child to be Canadian after 20 years or when he/she becomes adult?
11. If both parents are Canadian and child born in India then can we apply for OCI for a child from India and how soon it needs to be renewed. What about OCI fees.
12. Sports quota for Children with foreign nationality or Indian children with foreign parents in India?

 

[lifein360]

I feel you maybe better suited to visit an immigration lawyer for answers to all this. Lot of the questions are very unique to your situation

 

[cacitizenshipalks]

Hi Team, Can anyone please answer this query. I had ICT workpermit till 2017 and there are 4 options are given in the application form:CIT00022 regarding the status of resident. I want to know whether this ICT workpermit refers to the worker or Temporary resident permit holder.

 

[sachinsoman1988]

Generic Questions

1. Can OCI holders buy agricultural land in India? No. You can inherit from your parents and keep existing ones but cannot buy after you renounce citizenship.
2. If I need to start any business in India, do I need to pay extra being a foreigner and an OCI holder? If you start a business in India, you cannot own more than 50% of the stake in the company you created. The other half should be help by an indian corporation or individual.
3. Being a Canadian citizen, If I stay outside Canada for 15 years or so, would I be still eligible for pension benefits? Pension benefits depends on your contributory period between your age of 18 and 59. You will get it based on how much you contributed.
4. Can I apply for any Indian govt pension scheme when I am in India by having Canadian passport or by holding OCI? Government pension? Indian government has stopped non-contributory pension. If contributory pension, you can claim it.
5. Any possibilities of Dual citizenship by India? No. India does not need to give citizenship to more people as it has more than enough people.
6. If I hold a Canadian passport and pursue my studies abroad like US,UK or Europe, would I have to pay lower fee or any additional benefits on Canadian passport as compared to Indian? No. Indian in UK is same as Candian in UK for visas. Only difference is: In UK, you can use the electronic gates for entry as canada has e-passport.
7. Would I be getting any benefits in India when I am holding foreign passports like easy to get any railways, flight, any other tickets or any reservations on govt policies etc. ? Yea, you can claim foreign quota on railways, flights etc. However, any tourist location, you will pay 10x times the indian tourist.
8. Does OCI holder needs to get additional approval to visit J&K or Ladakh area or Taj Mahal ? No for Taj Mahal. Not sure about J&K or Ladakh.
9. While in India, where all Passport is required ? wherever, ID is required. You can substitute passport with adhar card in some of the places.

Questions related to Finance

1. After having Canadian citizenship, if I live in another country for a longer period like 10-15 years, would I still need to pay taxes in Canada? Any other charges to be paid while I am away from Canada? No. If you have a dual income in canada and some other country. you will need to file taxes in the respective countries and declare in Canada your global income and declare that you paid foreign income in foreign country.
2. If, being a Canadian citizen, I live in India for an extended period, would I still get a T4 from Canada? T4 in canada, you will get it only if you have income in canada wherever you live.
3. Is it required to submit Canada tax documents in March even when I am not in Canada entire year and no income generated from Canada. Generally No. https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-have-file-a-return.html
4. What all are the formalities need to be completed in Canada when I declare that i will be staying in India for next 30 years. Nothing to the government.
5. In case I buy property in India, do I need to pay more being an NRI or OCI holder?No.
6. Can I keep my NRE account activated for next 10 years even if I am in India. You can keep it activated if you are foreign citizen living in India.
7. Difference in loan rates for Indians and foreign nationals, for buying properties, apartments, cars, education loan etc. No special rates.

Questions related to Job

1. Is it easier to get work visa for any country being an Indian citizen rather than Canadian citizen? No
2. How easy it is to get a job in Singapore or Dubai on Indian passport as compared to Canadian passport? No change/special benefits
3. With Canadian citizenship, what all countries am I eligible to work without any work visa. None.
4. Any countries where getting work visa is difficult being a citizen of Canada. not that i am aware of. can change anytime based on diplomacy policy of canada.
5. In case I continue to hold Indian citizenship and my wife is transferred to any European company for work eg.s Germany, can I still get a dependent work visa being holding a different passport? Did not understand.
   
   
6. Let's say, If I get a job in Europe, can I travel alone on Indian passport and can my wife travel alone on Canadian passport without making each other as a dependent and wife works. In case wife needs to get sponsored for work visa, will her Canadian passport be a problem. No. Foreign country treats applicant passport as such. Country of citizenship is generally not a criteria for denial for any visa. Again depends on diplomacy. *US-Iran!!
7. Scenario - If I work for an Indian based employer in India being a Canadian citizen and an OCI holder and my Indian employer wants me to travel to UK or Germany or any other country. In that case, my salary structure that Indian employer has to design would be as per minimum wages for work permit applicable for Indian citizens in UK/Germany or Canadian citizens in UK/Germany?work permit/minimum wages is stipulated for all foreigners. They dont change based on your citizenship. Minimum wage for work permit is same for indian nationals and canadians in EU or anywhere in the world.
8. How easy is it to send an employee to onsite for Indian based company in India on Canadian passport. Would Indian employer prefer to nominate the employee on the basis of salary structure or will look a factor of Canadian passport and less headache for visa cost. This is very subjective.. depends on the company.
9. Can I apply for IDP (International Driving Permit) from India by having Canadian passport. So IDP would depend on passport or Indian driving license? No idea.

Questions related to Minors

1. What citizenship will the child have if one parent is Canadian during birth time and other is Indian. Child is born in India. If a child is born in India, its citizen of india if parents were not illegal immigrants in India.
2. What citizenship will the child have if both parents are Canadian during birth time and grandparents are Indian and born in India. Any possibility child can have Indian citizenship. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.
3. If mother is Canadian and father also applies for Canadian citizenship after birth of child, is it mandatory to put child's name also in the application? Can the child remain Indian when parents are Canadian. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.
4. Let's say parents and child all are Canadians and hold OCI. After 5 years if one parent converts back to Indian citizen then can Child become Indian or would it depend on both parents citizenship? To gain indian citizenship after you renounce it or if you were not born in India is based on residency in India. Which i think is 12 years.
5. If parents have to travel on Canadian passport to other country for work , if child is Indian, can he/she also get visa even being on Indian passport. Nope. Child will subjected to immigration laws that a canadian is subjected to in that country.
6. For granting of visa to Minors, Is the child evaluated based on citizenship of both parents or his own? Every visa applicant is evaluated as an applicant. Dependents dont get visa because they are dependent.
7. For education system in India, is the fee for foreign nationals holding OCI same as residents ? Any additional reservation or preference for foreign nationals for education of a child from KG1 till 12th class. Not that i am aware of. .
8. What are the competitive exams in India where NRIs will get reservation or may need to pay extra fees. For sure, AIEEE and IIT-JEE.
9. Avg Graduation fees for engineering, MBBS, and all other courses. Is their any parity of OCI holders against Indian citizens?
10. Can one parent sponsor a child to be Canadian after 20 years or when he/she becomes adult? Depends on the citizenship of the parent when the kid was born.
11. If both parents are Canadian and child born in India then can we apply for OCI for a child from India and how soon it needs to be renewed. What about OCI fees. Yes. Same OCI fees as adult.
12. Sports quota for Children with foreign nationality or Indian children with foreign parents in India?

Regarding baby citizenship..... When the baby is born, if the baby is eligible for multiple citizenships, parents can choose which citizenship the baby gets. When the baby turns 18, it can choose citizenship based on their will.

 

[Can2022]

Hi Sachin,

Thanks for your patience to answer all of the questions, they are truly very helpful. Would appreciate if you can share your inputs for below states questions where it wasn't clear to you or I need some further clarification -

Questions related to Job

Ques 5 - In case I continue to hold Indian citizenship and my wife is transferred to any European company for work eg.s Germany, can I still get a dependent work visa being holding a different passport? Did not understand.

Details - What I mean with above ques is based on below scenario -

I continue to hold Indian citizenship and my wife holds Canadian citizenship. Next month if my wife is sent to Germany for work, can I join her on a dependent visa even when I hold Indian citizenship? or my Indian citizenship being different from that of my Wife would be a problem while getting a dependent visa?

Ques 7 - Scenario - If I work for an Indian based employer in India being a Canadian citizen and an OCI holder and my Indian employer wants me to travel to UK or Germany or any other country. In that case, my salary structure that Indian employer has to design would be as per minimum wages for work permit applicable for Indian citizens in UK/Germany or Canadian citizens in UK/Germany?work permit/minimum wages is stipulated for all foreigners. They dont change based on your citizenship. Minimum wage for work permit is same for indian nationals and canadians in EU or anywhere in the world.

Details - The reason I asked above question is because Canadians get preference in US regarding TN visa which is extremely easy to get and permits Canadians to work in US. Similarly, are there any other countries where Canadian visa may have preference as compared to other nationalities for getting visa that permits them to work?

Questions related to Minors

Ques - 2 - What citizenship will the child have if both parents are Canadian during birth time and grandparents are Indian and born in India. Any possibility child can have Indian citizenship. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.

Details - As per "https://indiancitizenshiponline.nic.in/acquisition1.htm" by Birth Section 3 - A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.
Thereby, in this case, if both parents are Canadian then doesn't seem child born even in India can have Indian citizenship.

Ques - 3 - If mother is Canadian and father also applies for Canadian citizenship after birth of child, is it mandatory to put child's name also in the application? Can the child remain Indian when parents are Canadian. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.

Details -
Sorry, don't think I put my question well. Here is the scenario -

Let's say parents are Canadian in 2020 and child is born in 2021 in India. So, what would be the citizenship of child. Would it be Indian if parents want the child to hold Indian citizenship? Considering, both parents are Canadian.

Scenario 2 - Wife is Canadian and husband is Indian when child is born in India in 2021. Consider parents decided the child to have Indian citizenship. And if husband applies for Canadian citizenship in 2022 and does not list child in application so child can remain Indian. In that case, would it be ok or is it mandatory to have child also listed for Canadian citizenship in application.


Note - We are aware that when a child reaches at 18 years of age it's upto his/her discretion which citizenship he/she wants to hold. But at the time of birth, we want him/her to have Indian citizenship while both parents hold Canadian. Is it possible by any chance?


Once again, thank you so much for all your help. Really appreciate it. I am sure we will not have any further questions after this Thank you.

 

[canuck78]

Hi Sachin,

Thanks for your patience to answer all of the questions, they are truly very helpful. Would appreciate if you can share your inputs for below states questions where it wasn't clear to you or I need some further clarification -

Questions related to Job

Ques 5 - In case I continue to hold Indian citizenship and my wife is transferred to any European company for work eg.s Germany, can I still get a dependent work visa being holding a different passport? Did not understand.

Details - What I mean with above ques is based on below scenario -

I continue to hold Indian citizenship and my wife holds Canadian citizenship. Next month if my wife is sent to Germany for work, can I join her on a dependent visa even when I hold Indian citizenship? or my Indian citizenship being different from that of my Wife would be a problem while getting a dependent visa?

Ques 7 - Scenario - If I work for an Indian based employer in India being a Canadian citizen and an OCI holder and my Indian employer wants me to travel to UK or Germany or any other country. In that case, my salary structure that Indian employer has to design would be as per minimum wages for work permit applicable for Indian citizens in UK/Germany or Canadian citizens in UK/Germany?work permit/minimum wages is stipulated for all foreigners. They dont change based on your citizenship. Minimum wage for work permit is same for indian nationals and canadians in EU or anywhere in the world.

Details - The reason I asked above question is because Canadians get preference in US regarding TN visa which is extremely easy to get and permits Canadians to work in US. Similarly, are there any other countries where Canadian visa may have preference as compared to other nationalities for getting visa that permits them to work?

Questions related to Minors

Ques - 2 - What citizenship will the child have if both parents are Canadian during birth time and grandparents are Indian and born in India. Any possibility child can have Indian citizenship. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.

Details - As per "https://indiancitizenshiponline.nic.in/acquisition1.htm" by Birth Section 3 - A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.
Thereby, in this case, if both parents are Canadian then doesn't seem child born even in India can have Indian citizenship.

Ques - 3 - If mother is Canadian and father also applies for Canadian citizenship after birth of child, is it mandatory to put child's name also in the application? Can the child remain Indian when parents are Canadian. Upto the discretion of parents. Baby is eligible for Canadian or Indian citizenship.

Details -
Sorry, don't think I put my question well. Here is the scenario -

Let's say parents are Canadian in 2020 and child is born in 2021 in India. So, what would be the citizenship of child. Would it be Indian if parents want the child to hold Indian citizenship? Considering, both parents are Canadian.

Scenario 2 - Wife is Canadian and husband is Indian when child is born in India in 2021. Consider parents decided the child to have Indian citizenship. And if husband applies for Canadian citizenship in 2022 and does not list child in application so child can remain Indian. In that case, would it be ok or is it mandatory to have child also listed for Canadian citizenship in application.


Note - We are aware that when a child reaches at 18 years of age it's upto his/her discretion which citizenship he/she wants to hold. But at the time of birth, we want him/her to have Indian citizenship while both parents hold Canadian. Is it possible by any chance?


Once again, thank you so much for all your help. Really appreciate it. I am sure we will not have any further questions after this Thank you.

You can’t have everything you want. Most have to pick one or the other. You seem to be trying to benefit from both countries without having to commit to either one. Not including information on legal documents for your benefit can be considered fraud,

 

[Can2022]

You can’t have everything you want. Most have to pick one or the other. You seem to be trying to benefit from both countries without having to commit to either one. Not including information on legal documents for your benefit can be considered fraud,

Canuck78 - This is the forum which is open to everyone to discuss about the Canadian Visa/Citizenship. Of course everyone looks for their best interests via these channels. Regarding loyalty/benefits, its a matter of your perception which I don't have any interest to justify. Lastly, again, its your personal perception that the information being provided in the application is fraud, In order for me to make the right choice to proceed with lifelong decision, this is the forum for me to get the right liable answers.

 

[canuck78]

Canuck78 - This is the forum which is open to everyone to discuss about the Canadian Visa/Citizenship. Of course everyone looks for their best interests via these channels. Regarding loyalty/benefits, its a matter of your perception which I don't have any interest to justify. Lastly, again, its your personal perception that the information being provided in the application is fraud, In order for me to make the right choice to proceed with lifelong decision, this is the forum for me to get the right liable answers.

This forum is set-up to help people legally apply for various immigration programs in Canada. Would suggest you pay for advice. Your questions are very detailed and you will find that volunteers are not interested in helping others try to exploit any loopholes they can find.

 

[rb1234]

Great Answers. Thanks for all the effort.
I would like to point out that if foreigners start a business (say an IT company) they can own as much percentage as they want. I know this because I have many such businesses. It makes the process easier if you have Indian Directors/Shareholders when you incorporate a company, it takes a lot less paperwork. After the company is incorporated, you can change the structure as you wish - minimum 2 directors/shareholders is the only requirement - whatever nationality. Indian businesses can be 100% foreign-owned.
I guess your point came from those huge telecom/retail ventures where the Walmarts or Ikeas couldn't own more than 50% ( I am not sure what the exact details were). I don't think the guy is asking for advice for his multi-billion dollar business on this forum.

 

[sachinsoman1988]

Hi Sachin,

Thanks for your patience to answer all of the questions, they are truly very helpful. Would appreciate if you can share your inputs for below states questions where it wasn't clear to you or I need some further clarification -

Questions related to Job

Ques 5 - In case I continue to hold Indian citizenship and my wife is transferred to any European company for work eg.s Germany, can I still get a dependent work visa being holding a different passport? Visa application of other country is very subjective. No chance of getting rejected for any visa soely because your wife is canadian and you are indian.

Details - What I mean with above ques is based on below scenario -

I continue to hold Indian citizenship and my wife holds Canadian citizenship. Next month if my wife is sent to Germany for work, can I join her on a dependent visa even when I hold Indian citizenship? or my Indian citizenship being different from that of my Wife would be a problem while getting a dependent visa?

Ques 7 - Scenario - If I work for an Indian based employer in India being a Canadian citizen and an OCI holder and my Indian employer wants me to travel to UK or Germany or any other country. In that case, my salary structure that Indian employer has to design would be as per minimum wages for work permit applicable for Indian citizens in UK/Germany or Canadian citizens in UK/Germany? US-canada have an agreement. TN like all visas is a visa and comes with its rules. Not aware of other countries which gives benefits like this to canadians,

Details - The reason I asked above question is because Canadians get preference in US regarding TN visa which is extremely easy to get and permits Canadians to work in US. Similarly, are there any other countries where Canadian visa may have preference as compared to other nationalities for getting visa that permits them to work?

Questions related to Minors

Ques - 2 - What citizenship will the child have if both parents are Canadian during birth time and grandparents are Indian and born in India. Any possibility child can have Indian citizenship. Your reference indicates that baby is eligible for indian citizenship by birth. However, baby is also eligible for candian citizenship since one of the parent is canadian. Parents can choose India or Canada. Since dual-nationality is not allowed in India, no option to select both.

Details - As per "https://indiancitizenshiponline.nic.in/acquisition1.htm" by Birth Section 3 - A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.
Thereby, in this case, if both parents are Canadian then doesn't seem child born even in India can have Indian citizenship.

Ques - 3 - If mother is Canadian and father also applies for Canadian citizenship after birth of child, is it mandatory to put child's name also in the application? Can the child remain Indian when parents are Canadian. Based on the circumstances you described, baby is eligible for India (birth) or canadian citizenship (One of the parent is canadian) . If parents choose it, baby can be canadian or Indian, Not both!

Details -
Sorry, don't think I put my question well. Here is the scenario -

Let's say parents are Canadian in 2020 and child is born in 2021 in India. So, what would be the citizenship of child. Would it be Indian if parents want the child to hold Indian citizenship? Considering, both parents are Canadian.

Scenario 2 - Wife is Canadian and husband is Indian when child is born in India in 2021. Consider parents decided the child to have Indian citizenship. And if husband applies for Canadian citizenship in 2022 and does not list child in application so child can remain Indian. In that case, would it be ok or is it mandatory to have child also listed for Canadian citizenship in application.


Note - We are aware that when a child reaches at 18 years of age it's upto his/her discretion which citizenship he/she wants to hold. But at the time of birth, we want him/her to have Indian citizenship while both parents hold Canadian. Is it possible by any chance? For sure, its possible. India will give citizenship as the child is born in India. And you can change it later based on the circumstances.


Once again, thank you so much for all your help. Really appreciate it. I am sure we will not have any further questions after this Thank you.

 

[Can2022]

Thanks Sachin for your inputs, appreciate answering all my questions.

 

[21Goose]

Canada and Europe also have a treaty (CETA) that provides certain trade & work permit benefits. You can read more about that here

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/international-free-trade-agreements/canada-eu.html

https://ec.europa.eu/trade/policy/in-focus/ceta/
https://ec.europa.eu/trade/policy/in-focus/ceta/ceta-chapter-by-chapter/

This is relatively new so there's not much information out there, and it's not as easy as the TN-visa, but there is a framework in place.

 

[canadian_ghost1404]

You replied to all the questions in the post. So much patience. Really appreciate the effort bud.

 

[canvis2006]

Baby should be able to hold both citizenship. If any parent is Cdn, child can get cdn citizenship if born outside Canada…….until child reaches 18 yrs(adult) it cannot be renounced. Get them a cdn passport as well for travels.