womanlady1 (designer) 25 March 2012

Can divorced pio card holder base new pio on minor oci card

Dear all I have a very difficult question for you all. I am a foreign national holding a PIO card as spouse of Indian national. the last year my husband has abandoned our marital home after developing an extramarital affair. I have applied for Guardianship/custody of our son, also as of now a PIO card holder as foreign national.

My son is eligible for OCI card as son of an Indian national.

Question: If I divorce my husband and have Guardianship/custody of our son being a OCI card holder and minor. living and studing in India.

Can I be eligible for a PIO card on the base of Guardianship of the Minor OCI card holder?? ( read, taking care of my son needs and education in India)..

Please let me know if could be falling in special circumnstances, or if there are any similar cases/casistics.

on a human base do you understand my problem?

After living in India(for many years) my husband has cheated on me several times, conffessed and forgiven, now he left, but me and my son want to live in India. if i divorce my husband i will loose my PIO card. there must be some ecxeption for this kind of matters??!!

Please help.

thanks already.

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3 Replies

Luis (None) 27 March 2012

Ok.. You have been a year or more on this. I am starting it up. I got separated with another PIO Card holder (who can opt for OCI, I can;t) two months ago, and we have decided to go for the legal separation and divorce. So I see that I will loose my PIO (she is the blood related). a son. Also, she wants to be with somebody else.

Have you found any possible way of staying and working legally in India? I Know a mom whose son has a student visa, and she was given and "acommpany of student" visa.

Is not legally divorcing for you an option? For me it is not. we want the legal paperwork done. But I am currently working here and will loose that.

Does your son has italian citizenship? Can the consulte do anything?

What have been your findings on timing. I read that after 1 month of the divorce the PIO Card has to be submitted and we would have to leave the country.

Thanks, mutual support and a smile.. for more hard that it is is I trust that everything is for the best!

womanlady1 (designer) 31 March 2012

hi, Luis, yes we will go for divorce as my husband has left abandoned us for more then 1 yrs and has (diverse) extramarital affairs.. but the thing is that as divorced PIO cards holders yes we will lose our status. thou I believe that in my case i can apply for "special circumstances" and if at all is required move to high court with my plea. as my son is an Italian citizen and can apply for OC and is minor and I have custody. how ever my question was to check if there are any kind of precedents similar to my case..as for timings you can drag a divorce case for more than 10 yrs using the validity of your PIO in full. thou not when it comes to consensus divorce.

also i remembered Yana Gupta, she is czech. married an indian and divorced, kept his surname Gupta, and still she is working "legally" in india. what kind of visa does she has??what kind of priviledges?

lets see if advocates or legislators have some answers. also we can bundle up and write to the Law Commission of India, under grievieances to see that they amend this unfair law..i will do so and let you know, how many how better.

cheers