Is it Legal for an NRI to Have an Aadhaar Card?

As of the latest update in August 2023, it is generally not illegal for a Non-Resident Indian (NRI) to possess an Aadhaar card. However, the eligibility criteria for obtaining an Aadhaar card primarily apply to Indian residents. The Unique Identification Authority of India (UIDAI) mandates proof of residency in India to apply for an Aadhaar number.

While the primary requirement for obtaining an Aadhaar card is physical residency in India, there are exceptions for NRIs who plan to be physically present in the country for the enrollment process and can provide the necessary documentation. The regulations and policies related to Aadhaar can change, so it is recommended to check the latest guidelines from the UIDAI or consult legal experts for the most current information.

Eligibility for NRIs

Namely, NRIs, defined as Indian citizens who live outside India for at least 182 days in a year, are eligible to apply for and obtain an Aadhaar card. It can serve as an identity card, but it cannot be used as proof of citizenship. For clarity, the term NRI is generally applied to those who still hold Indian citizenship and reside abroad for extended periods.

It is important to note that NRIs face specific challenges related to enrollment. Traditionally, an individual had to be a resident in India for at least 182 days to apply for an Aadhaar card. This presented a significant hurdle for those who were not physically present in the country for extended periods. However, the Government of India took steps to address this issue.

Aadhaar on Arrival: A Solution for NRIs

In July 2019, the Government introduced the "Aadhaar on Arrival" scheme to facilitate quicker enrollment for NRIs. This scheme allows NRIs to obtain an Aadhaar card even if they are not physically present in India for the initial enrollment process. Instead, they can apply for an Aadhaar card while they are still abroad and present their documents upon arrival in India.

The Aadhaar on Arrival process simplifies the procedure and ensures that NRIs can benefit from having an Aadhaar card without the need for prolonged physical residency in India. This measure was designed to alleviate the inconvenience faced by NRIs and emphasize the value of Aadhaar as an identity document that is widely accepted for various purposes.

Conclusion

In summary, it is legal for an NRI to have an Aadhaar card, provided the individual meets the eligibility criteria. While traditional requirements for residency generally apply, the introduction of the Aadhaar on Arrival scheme has made it more accessible for NRIs to obtain an Aadhaar card. It is advisable to stay informed about any changes in policies and regulations related to Aadhaar to ensure compliance and facilitate the enrollment process.