Why NRIs don't need Aadhaar card

India - The laws regarding submitting/linking of Aadhaar for availing the services/benefits applies to the residents

Non-resident Indians (NRIs) and People of Indian origin are not required to link bank accounts and other services with Aadhaar, the Unique Identification Authority of India (UIDAI) said in a circular.
UIDAI, reiterating in unequivocal terms its clarification on the topic in the past, instructed various implementation agencies to work out a mechanism to verify the status of NRIs and PIOs.
In a circular, the Aadhaar-issuing body said the Prevention of Money laundering Rules 2017 and the Income Tax Act clearly stipulate that the linking of bank accounts and PAN, is for those persons who are eligible to enroll for Aadhaar.
The circular issued on November 15 by Dr Ajay Bhushan Pandey, CEO of the UIDAI, has directed federal ministries and departments to issue directives to state governments and other relevant agencies that NRIs are not even eligible to apply for this biometric identity card. The order has listed 16 services directly or indirectly connected with NRIs, which will help them contest any demand from officials who seek Aadhaar for such services.
It reminded that Aadhaar as an identity document can be sought only from those eligible for it under Aadhaar Act, and that most NRIs/PIOs/ OCIs may not be eligible for its enrolment.
The UIDAI said several representations had been received about problems faced by NRIs, PIOs and Overseas Citizens of India (OCI) where Aadhaar was being demanded with regard to various services and benefits.
It said that some departments and implementing agencies were asking NRIs/OCIs/PIOs to submit or link their Aadhaar for availing services and benefits, despite the fact that they were not entitled for the 12-digit biometric identifier.
The laws regarding submitting/linking of Aadhaar for availing the services/benefits applies to the residents as per the Aadhaar Act 2016. As per the rule, Aadhaar is made compulsory for those NRIs who had resided in India for more than 182 days in aggregate in the past 12 months.
Accordingly, the requirement to quote Aadhaar as per Section 139AA of the Income tax Act shall not apply to an NRI who had stayed in India less than 182 days in the preceding 12-month period. NRIs and PIOs get the same exemption for 16 other services that require Aadhaar mandatory for resident Indians.
The Indian government has made it mandatory for all existing resident Indian bank account holders to provide their Aadhaar numbers to their banks by December 31, 2017. If they fail, the account will no longer be operational, says a notification from the revenue department.
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