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faq - nriinformation.comInformation provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult professional immigration advisors or tax consultants depending on your personal situation. This website is a one person operation, Please spell check your questions as I normally just cut and paste questions from emails. Answers to most questions asked are usually posted within five days. Answers are posted on this website and no personal emails are sent.

 
Email questions to: V. K. Chand at: question@nriinformation.com  
Answers are normally posted in five days.

PIO Holder Getting Driver License in India

Q: Respected Sir,

Good day,

Please accept my sincere apology for this trouble in advance for the advise
that i seek from your good self.

I am Vishal Bhargava, residing at Indore, MP, I am married to a Russian national, she has a valid PIO card issued to her in Moscow, we want to apply for her Driving license here in India in MP, please kindly advise if she is eligible to do so, The RTO here in Indore have no information regarding the requirement or eligibility and have asked to me seek advise from the concerned.

Thanking you.

Awaiting for response.

Regards
Capt.Vishal Bhargava

A: As long as your wife is legally living in India, she should be able to apply for a Indian driver license.

Any foreigner living in India and wishing to drive in India, requires a driving license. Foreigners can legally drive in India for one year, if they have a international driving permit and a valid foreign drivers license. After the one year they must get an Indian driver license if they want to continue driving in India.

Your wife should apply for her learners license first and submit the required documents such as proof of address in India. For more information on applying in India for a driver license check HERE

Arms License for Foreigners in India

Q: Dear Sir

I am an Australian Citizen living here for 36 years. I want to go back to India and sped most of my retirement years there. I wanted to have a Pistol License when I spent 3 months there last time but I was refused on the basis that they do not issue arms license to people with overseas citizenship.

Is there any way around it as I personally know few people who are overseas citizens and holders of arms license I India

Paul Sandhu

A: To get an arms license in India you need to be an Indian resident and show the reason as to why you require an arms license. Your friends who you say are overseas citizens (OIC holders) are probably living permanently in India and have managed to acquire an arms license having convinced the authorities that they genuinely need a license.  

Income tax clearance for OCI holder

Q: Dear Mr Chand,

Iam hoping you can help me with this question. Iam an American citizen holding an OCI card. I have been living in India for the past eight months on account of my elderly sick mother and am leaving for the United States soon. I don't have any income in India from any source and am not working in India. My purpose for staying this long was to take care of my mother and no other. My question is, will I be required to show an Income Tax Clearance Certificate for having stayed so long in India at the time of my departure to the United States? Would appreciate an answer.

Thanks in advance.

Leena Haldipur

A: Income tax clearance certificates normally required for Indian citizens intending to leave India as an Emigrant or those planning to leave India on a work permit for employment or occupation abroad.

Since you have no income in India you should not have any problems. To put your mind at ease, I am providing a link to the Indian income tax department that provides information on 'Persons who require the tax clearance certificate before leaving India.' Click HERE to view. I hope your mother is feeling better.


How to Fill Pan Card Application

Q: What information I must provide when applying for PAN card from USA. Specifically what to answer for the following:

- Area Code, AO Type, Range Code, AO NO. etc.    - Do I need to enter Ward /Circle, Range, and Commissioner

Thank for your help. Your web site is very informative.

Shah

A: For NRIs there is usually no need to fill up Ward/Circle, Range and Commissioner. Those who are unaware about the AO Code applicable to them, may select default AO Code(DLC-C-35-1)

Area Code DLC          -          AO Type C              -             Range Code 35             -             AO Number 1

 

New Indian Tourist Visa Rules

Q: Presently in northern India, I am a US citizen with 10 year tourist visa for India valid till 2012,please advise me on the following :

I stayed in India for 176 days and went to Nepal on 17th Nov 2009.

Entered in India on 18th Nov 2009 ( Plan to leave for US before 180 days ).

Question 1 : Without exceeding 180 days and above situation do i need to register with FRRO/FRO,need exit permit etc ?

Question 2 : If i decide to apply for OCI in India within few days, where will i stand with 180 days rule ? as OCI application will be in process when i will exceed 180 days, will i need FRRO registration if :

OCI status granted  or  OCI status not granted.

Also i understand i can submit OCI application in person at Delhi, do i need to give original or copies of passport ? any other info provided by you would be greatly appreciated.

P Singh

A: Under previous Indian tourist visa rules, tourists on five or 10-year visas were required to leave the country every 180 days. However some would simply fly to neighboring countries such as Nepal for a brief stay before returning. However this has been changed now ( I believe since early November 2009) when the two month gap between re-entry was announced. Subsequently a clarification was issued on this rule by the Indian Ministry of Home Affairs. More details on this are available HERE

My understanding is that according to the rules, the total period of stay in India is counted from the date of first entry into the country. If you left the country after a stay of 176 days and return after a days absence, your stay in India in my opinion would be counted as 176 + 1 and gives you only 3 additional days stay in India to compete 180 days.

One cannot stay in India on the basis of a pending OCI application, A valid visa is required until OCI is granted.

Original foreign passport is also normally not required with OCI application, however you will have to submit the original last Indian passport, if you ever held a Indian passport before acquiring US citizenship. 

 
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