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Definition of NRI
NRIs are basically defined under two different statutes
viz. (i) FERA 1973, & (ii) Income Tax Act 1961
Under FERA, 1973 Who is a Non Resident Indian (NRI) ?
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An Indian Citizen who stays abroad for
employment/carrying on business or vocation outside India or stays
abroad under circumstances indicating an intention for an uncertain
duration of stay abroad is a Non - Resident (NR).
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Indian citizen working abroad on assignments with
foreign Governments, Government Agencies or International agencies
like U.N.O., I.M.F., World Bank, IBRD, etc.
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Officials of Central/State Government and Public
Sector Undertakings deputed abroad on assignments with foreign
Governments/agencies/organisations or posted to their own offices
(including Indian Diplomatic Missions) abroad.
'Non-Resident foreign citizen of Indian Origin' are
treated on par with Non-Resident Indian citizens (NRIs).
Thus the nationality, purpose/intention of stay abroad
that decides the status.
Who is a person of Indian Origin ?
A foreign citizen (other than a citizen of Pakistan
& Bangladesh) is deemed to be of Indian Origin if, (i) he at any time,
held an Indian Passport, or (ii) he or either of his parents or any of his
grand parents was citizen of India, by virtue of the Constitution of India
or Citizenship Act, 1955 (57 of 1955).
Note:- A spouse (not being a citizen of Pakistan or
Bangladesh) or a person of Indian Origin is also treated as a person of
Indian Origin for the above purposes.
A foreign citizen (other than a citizen of Pakistan,
Bangladesh, Afghanistan, Bhutan, Srilanka and Nepal) is deemed to be of
Indian Origin if,
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he held an Indian Passport at any time, or
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he or his father or paternal grandfather was a
citizen of India by virtue of Constitution of India or the Citizenship
Act 1955, (57 of 1955).
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