COMPARATIVE CHART: Rights of a Foreign National in India

Benefits & Rights

Before Marriage (General Foreign National)
After Marriage to an Indian Citizen
Visa & Stay Usually on Tourist/Employment/Student Visa – short duration, subject to exit/re-entry. Eligible for Long-Term Visa (LTV) / Entry (X) Visa on marriage basis – (1–5 years) renewable stay. (FRRO Rules, MHA Guidelines)
Residential Permit (RP) Not available on tourist visa; required only on long-term visas. Granted Residential Permit (RP) by FRRO, proving lawful long-term stay.
OCI (Overseas Citizen of India) Not available. Eligible after 2 years of marriage (except for citizens of Pakistan & Bangladesh) –  lifelong visa-free entry, residence, work rights. (Section 7A, Citizenship Act, 1955)
Path to Citizenship Citizenship by naturalization after 12 years of residence. (Section 6, Citizenship Act, 1955) Citizenship by registration after 7 years of residence. (Section 5(1)(c), Citizenship Act, 1955)
Work Rights Allowed only on Employment Visa with sponsorship. On LTV, can seek permission from FRRO to work or do business.
Study Rights Allowed on Student Visa with restrictions. On LTV, can pursue education without needing separate Student Visa.
Property Rights May purchase residential/commercial property (except agricultural land) subject to FEMA regulations. Can inherit property from Indian spouse; joint ownership of property possible. Still cannot buy agricultural/plantation land until citizenship is granted.
Banking & ID Proof Difficult to open bank accounts; requires special permission. Eligible to open bank accounts, PAN, Aadhaar (with valid visa & RP).
Family & Housing No entitlement to government-provided housing. Eligible to reside in government/Army quarters or PSU housing with spouse.
Children’s Citizenship Children not eligible for Indian citizenship automatically. Children become Indian citizens by descent if one parent is Indian at birth. (Section 4, Citizenship Act, 1955)
Political Rights No voting rights, cannot hold government jobs or constitutional posts. Same restrictions until Indian citizenship is granted. After registration – full rights (voting, passport, government employment).

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