Indian Citizens Acquiring British Citizenship Should Ensure OCI is Secured if Final Wishes Are to Return to India

KOCHI April 25: Are you an Indian who has acquired British citizenship? If so, it is essential to ensure that you have an Overseas Citizen of India (OCI) card in place — especially if your final wish is to return to India. A recent case highlights the serious consequences of overlooking this important legal step.

This is the story of an individual who surrendered his Indian passport after obtaining British citizenship. Unfortunately, after his passing, his body could not be repatriated to India because he did not possess an OCI card — despite it being his personal wish and his family’s desire to conduct his final rites in his homeland.

The Indian High Commission declined the request for repatriation, stating that he had formally accepted British citizenship, surrendered his Indian passport, and had not obtained an OCI card.

His parents in Kerala then approached the Kerala High Court, which ruled that permission cannot be granted to bring the body of a person who acquired UK citizenship without holding an OCI card.

Justice Bechu Kurian Thomas delivered this significant verdict while dismissing a petition filed by a relative seeking to bring the body of Joby Thomas, a native of Muttuchira in Kottayam, back home. The court made it clear that bringing the mortal remains of a person who has taken foreign citizenship to India cannot be decided based solely on their previous Indian citizenship or the emotional wishes of relatives. Instead, citizenship laws and existing regulations must be followed.

He passed away on 6 February 2026 in Cambourne, Cambridge, UK.

During his lifetime, he had expressed a desire on multiple occasions to return to Kerala after retirement and settle there with his family. Although this did not happen during his lifetime, his family — especially his mother, Mrs. Tezy Thomas of Nadackal House, Muttuchira, Kottayam — wished for him to be laid to rest in his hometown in accordance with Christian rites and customary burial practices.

Joby Thomas had acquired British citizenship in 2016 and surrendered his Indian passport thereafter. However, he neither applied for nor possessed an OCI card, which serves as a vital legal link to India for foreign citizens of Indian origin. This absence became the primary legal barrier to bringing his body back to India.

His uncle approached the court seeking a No Objection Certificate (NOC) for repatriation. The petition noted that Joby’s mother and daughter reside in India and that his funeral should take place there. An email from his second wife residing in the UK stating his wish to settle in Kerala was also submitted.

However, the Ministry of External Affairs informed the court that a valid OCI card  is mandatory at the time of death for a foreign citizen’s body to be brought to India. Although Joby was eligible, he had not applied for an OCI card even once in the ten years since acquiring British citizenship.

The court observed that there was no sufficient and reliable evidence to prove his final wish. The email submitted was sent after his death and therefore could not be accepted as valid proof. The court further stated that without an OCI card, it cannot be assumed that a person who voluntarily took foreign citizenship intended to maintain a legal connection with India.

Additionally, the court questioned the legal standing (locus standi) of the petitioner. Justice Bechu Kurian Thomas noted that although Joby’s mother and daughter are alive, it was his uncle — who is not the legal heir — who approached the court. The absence of a petition from immediate family members also contributed to the dismissal.

The court reiterated that matters involving the handling and repatriation of mortal remains carry serious legal implications and must strictly adhere to established rules. It emphasized that eligibility for an OCI card cannot be treated as equivalent to actually holding one.

The petition was ultimately dismissed, with the court making it clear that without proper legal documentation, the body of a foreign citizen cannot be brought to India.

Key Takeaway

This case serves as an important reminder: if you are an Indian-origin individual who has acquired British citizenship, securing an OCI card is not just a formality — it is essential. Without it, even deeply personal final wishes may not be fulfilled, leaving families to face unexpected legal challenges during difficult times.