Marrying a non-indian national and issues arising regarding that
Mohammed
(Querist) 24 June 2013
This query is : Resolved
Hello,
I plan to marry a Bangladeshi girl. I am Indian and so are my parents. I am a Muslim and so is she. My questions I will divide in numbers
1. Will she be ever eligible to receive an Indian Passport? Does India have any rulings regarding not giving passport to former citizens of Bangladesh, even if she is a spouse of an Indian National.
2. The rule I read is she has to live for seven years in India. Does she have to live continuously? Once she is eligible, is there a waiting period to apply.
3. Many times the rules are spelled out clearly, but when it comes to implementation they are not followed. I have heard many former Bangladeshis living in India for years, but they have not been granted citizenship. So can this be the case in my scenario to
4. Will my children be Indian Nationals without any hassles because their mother is from Bangladesh ?
5. If we were to stay in India, what kind of options do we need to explore. Would she get a long term-visa, a residence permit, a spousal visa?
6. Would she able to work in a private company in any of these visa/permits.
7. If we settle later on in Canada, and take up the passport there for our whole family, will my children be eligible for an OCI or POI card, after they have revoked their Indian Passport. Would their mother being a Bangladeshi bring hassles to this?
8. Will I get an OCI/PIO card despite my wife being a former national of Bangladesh?
9. Are there any visa problems going to and fro between our countries.
10. If there are any other problems or issues or hassles regarding such a scenario, please let me know
I greatly appreciate whoever takes time out to answer these queries of mine. I pray that whoever does they are granted with lots of blessing and health and wealth. Thanking you in anticipation
Raj Kumar Makkad
(Expert) 24 June 2013
1. she shall have to apply for Indian citizenship and it shall be granted to her after completion of due formalities.
2. Continuously means ordinary residing in India. The application should be made after completion of 7 years term within a year.
3. Your case is not like those infiltrators who have intruded in India without any authority. Your wife shall come after duly marrying with you.
4. Yes. They shall be Indian National if you do reside in India and those are brn here.
5. Every option shall have to be availed focusing on spousal visa.
6. She shall have to obtain work permit for this purpose.
7. No hassle shall be created on that ground.
8. Yes.
9. Not on today.
10. Consult me or any other person at that time. Imaginations are not good.
Devajyoti Barman
(Expert) 25 June 2013
1. Citizenship is given by way of naturalisation of to persons whose any of the parents is person of Indian origin.
2.Intermittent stay will do,
3.Hypothetical query.
4.Yes if they obtain Indian passport.
5. Residence permit.
6.Yes but with prior permission of Indian FRRO.
7.No.
8.Yes
9. No
10. We can not foretell.See a fortune teller for this.
Nadeem Qureshi
(Expert) 25 June 2013
1. Will she be ever eligible to receive an Indian Passport? Does India have any rulings regarding not giving passport to former citizens of Bangladesh, even if she is a spouse of an Indian National.
Opinion: After the marriage she can get Indian Citizenship and after that she can get Indian Passport.
2. The rule I read is she has to live for seven years in India. Does she have to live continuously? Once she is eligible, is there a waiting period to apply.
Opinion: yes it is a rule
3. Many times the rules are spelled out clearly, but when it comes to implementation they are not followed. I have heard many former Bangladeshis living in India for years, but they have not been granted citizenship. So can this be the case in my scenario to
Opinion: its depend on your documents.
4. Will my children be Indian Nationals without any hassles because their mother is from Bangladesh ?
Opinion: yes they will be Indian by Birth.
5. If we were to stay in India, what kind of options do we need to explore. Would she get a long term-visa, a residence permit, a spousal visa?
Opinion: file a citizenship Application after your marriage/residence permitted by Govt.
6. Would she able to work in a private company in any of these visa/permits.
Opinion: yes, she can with the permission of FRRO
7. If we settle later on in Canada, and take up the passport there for our whole family, will my children be eligible for an OCI or POI card, after they have revoked their Indian Passport. Would their mother being a Bangladeshi bring hassles to this?
Opinion: no
8. Will I get an OCI/PIO card despite my wife being a former national of Bangladesh?
Opinion: yes
9. Are there any visa problems going to and fro between our countries.
Opinion: I don't think so
10. If there are any other problems or issues or hassles regarding such a scenario.
Opinion: this is futuristic query & I am unable to give my opinion
Rajendra K Goyal
(Expert) 25 June 2013
Well advised by the experts, nothing to add.
Mohammed
(Querist) 25 June 2013
Thankyou everyone for your replies. I really appreciate it. It really makes a lot of things clear. I just have a few more queries to get a better understanding.
1. I live in a foreign country in the Gulf and so does the girl I intend to marry. I usually visit India every year for a few months, so when my wife comes with me to India, after registering the marriage and all the documents, do I have to apply for a visa for her every time she visits India with me, or is there some other procedure ?
2. When we shift back to India, some people said she will need to apply for a spousal visa, some people say residence permit, some say Indian Marriage Visa. Which one is it, and if anyone could provide a little more details about the rules and regulations of it.
3. The visa or the RP, how long does it stay valid. If she gets an RP to stay in India, how long does she have to stay in India every year. Can she leave for a few months every year, while she is on the RP or Spousal Visa. If she leaves for a few months, does that whole year go to waste and it won't be counted as residing in India, as she needs to reside in India for 7 years, to be eligible for a passport.
Thankyou again in advance. Its inspiring to see so many people offer advice at no cost just for helping people.
