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Rahul (non)     01 July 2011

Query regarding non Indian citizen spouse

I would like to have some legal advice regarding my marriage with an non indian citizen wife. I found out that India provides PIO to my wife, but real query is my wife's passport has to be renewed every five years, so if my wife wont be able to renew her passport what can happen? I know you must be thinking that I should tell my wife to renew her passport but thers is a bit complication in that. My wife is an muslim country citizen and her country will take legal action on her if she enters that country to renew her passport (as marrying Hindu person is illegal as per to her country's law). For renewing her passport she personally have to enter the country as we found out that her embassy dont do it for some legal reasons. In this sitution when she can't renew her passport her PIO will get cancelled automatically if I am not wrong? so if her PIO gets cancel is she going to be an illegal person/ migrant in India?? As being me an Indian citizen how I can keep my wife in India without breaching any Indian law. Please do reply it would be indeed a great help. Advice will be greatly appreciated as I am tensed with my maritial life.

 

Rahul



Learning

 10 Replies

Rahul (non)     02 July 2011

Any Advise plz

**Victim** (job)     02 July 2011

@ Rahul u should consult immigration lawyer or consultant for seeking this advice. PIO or OCI is whole different thing if her passport is expired or invalid but if still PIO is valid then she is still considered eligible to stay in india without any problem. One of the rule for holding PIO is that if her stay is extended for some reason more then 6 months then she has to report in local police station explaining the reason for overstay.

**Victim** (job)     02 July 2011

https://www.immihelp.com/nri/piocard/

Rahul (non)     02 July 2011

Dear Victim Thanks for reply... But I found out ( I called Foreign Regional Registration Office) that the PIO card is valid till the her forign passport is valid once its's expired her PIO will be expired too as she will be illegal resident

 

VALIDITY OF PIO CARD

  • A PIO Card shall be valid for a period of fifteen years from the date of issue, subject to the validity of holder's passport, which is endorsed on the PIO Card.

  • The PIO Card shall be valid only if its holder presents it with his/her valid passport that is endorsed on the PIO Card.

  • To endorse a new passport number, both passport and PIO Card in original are required

    https://www.embindia.org/consweb/PIO_Information.htm

Rahul (non)     02 July 2011

Any Advise plz

Rahul (non)     02 July 2011

I will simplify my question:

 

Does she require a valid passport through out her stay i.e. for 15 years . In other word if her passport expires after 2 years of gaining PIO does she has to renew her passport again to legally stay in India?. Is it possible to reside legally in India on that same PIO without renewing the passport?

 

Plz someone advice.......

**Victim** (job)     02 July 2011

@ Rahul if she really wants to stay for such long duration she is still entitle to acquire her indian citizenship......she has to renounce her foreign citizenship and in order to apply for indian citizenship.....i don't see any other option for her to stay this long in india......unless if she is willing to keep her foreign citizenship along wiht PIO then she has to follow foreign rules as well as PIO rules.....which means she has to visit that country periodically to show her entry - exit stamp in the passport.

Rahul (non)     03 July 2011

Thanks Victim,

so if she renounce her foreign citizenship can she get Indian citizenship automatically/directly ?

**Victim** (job)     03 July 2011

@ Rahul it won't be automatically or directly.......in this case just take it as a foreigner wants to be indian which means that she has to apply for indian citizenship

 

As per section 5(1)a & 5(1)c of the Indian Citizenship Act. PIO card holders can acquire Indian Citizenship after they have resided in India for a minimum of 7 years before making the application for grant of Indian citizenship.

Rahul (non)     03 July 2011

Originally posted by :Victim
"
@ Rahul it won't be automatically or directly.......in this case just take it as a foreigner wants to be indian which means that she has to apply for indian citizenship

 

As per section 5(1)a & 5(1)c of the Indian Citizenship Act. PIO card holders can acquire Indian Citizenship after they have resided in India for a minimum of 7 years before making the application for grant of Indian citizenship.
"

 Thanks Dear for the replies

God Bliss You


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