Non Resident Indians under FEMA :-
A Non Resident Indian is Indian Citizen who stays abroad for :
(a) Employment/ carrying on business or
(b) Vocation outside India or
(c) Stays abroad under circumstances indicating an intention for an uncertain duration of stay abroad is a non-resident.
Persons posted in U.N. organizations and officials deputed abroad by Central/ State Government and Public Sector Undertakings on temporary assignments are also treated as non-resident.
Non-resident foreign citizens of Indian Origin are treated on par with non-resident Indian citizens.
Who is a person of Indian Origin? :-
A> For the purpose of availing of the facilities of opening and maintenance of bank accounts and investments in shares/ securities in India:
A foreign citizen ( other than a citizen of Pakistan or Bangladesh ) is deemed to be of Indian Origin, if,
(i) he, at any time, held an Indian passport,
(ii) he or either of his parents or any of his grand parents was a citizen of India buy virtue of the Constitution of India or Citizenship Act, 1956( 57 of 1955)
A spouse( not being a citizen of Pakistan or Bangladesh ) of an Indian citizen /Indian origin is also treated as a person of Indian origin provided the Bank accounts are opened or investments in shares/securities in India are made by such persons jointly with their NRI spouses.
B>. For Investment in immovable properties:
A foreign citizen ( other than a citizen of Pakistan, Bangladesh, Afghanistan, Bhutan, Sri lanka or Nepal ), is deemed to be of Indian origin if,
(i) he held an Indian passport at any time, OR
(ii) he or his father or paternal grand-father (Not his parents or any of his grand parents) was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 ( 57 of 1955)..
