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Email questions to: V. K. Chand at:
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Can a foreign spouse get OCI
I am an Indian Citizen by Birth and Hold Indian Nationality viz Indian Passport and leave in INDIA permanently. I have been married to my wife, who is a European national (Non-Indian, Original Foreigner) since March 2007 in INDIA. My wife has been residing in India with me since our marriage on Residential Permit issued by the Additional Commissioner of Police and F.R.O Special Branch of our city.
She have gone to her home country as we
were were expecting, my question is. Are my wife and new born
eligible for OCI card, or Do they have to apply for PIO card?
I have read from the Official website information of Ministry of
Home Affairs that spouse is eligible for OCI card.
(The following is been taken from frequently asked Questions (FAQs)
4. Can the spouse of the eligible person
apply for OCI?
Yes, if he/she is eligible in his/her own capacity.
But I dont understand what does “own capacity” means exactly? Is
my wife who stayed in INDIA for almost 3 years (since our
marriage) is eligible in her own capacity?
Should I apply straight for an OCI card or I have to apply for
PIO card? as we intend to reside in India permanently, and We
want to get it done abroad coz we have heard its faster and
easy.
I have mailed couple of time to Indian Embassy but never got ANY
reply, we called the India Embassy in her country, and someone
answered that my wife can file for OCI, but he didint sound
confident and he also added its lunch hours and he was not the
right person to ask.
thanking you in advance
A.A.Pandya
A: Your wife cannot apply for OCI and should
apply for a PIO card. Foreign spouses of non-Indian origin
cannot apply for OCI.
The Official website information of the Ministry of Home Affairs
is quite clear on this issue, 'Own Capacity' means that if your
wife was applying as an independant person, she should be able
to qualify on her own.
Had any of your wifes parents or grandparents been a citizen of
India after January 26, 1950 or had belonged to a former
territory (Goa, Daman & Diu, Dadra & Nagar Haveli, Sikkim and
Pondicherry) that became part of India after August 15, 1947.
She could have applied and qualified on her own capacity.
Let me try and put it in simpler words, for foreign nationals
applying for OCI, their parents or grandparents citizenship can
help but not their husbands.
Refund of Indian Passport Surrender Fee
Q: i recently surrender my Indian
passport and paid £120 plus £145 fine for late.
now new rules says the fees r £14 for those naturliased
before 2006 and i was done
in 2000.
will we get refund from consulate
pls advice
thanks
mr.pitt
A: Keep your fingers crossed! you may get a refund but I won't bet on it. According to information posted on the website of Consulate General of India in San Francisco, the issue of refunding this money has been taken up with the government of India. Here's what they have posted:
"The issue of refund of any part of renunciation fee already paid by applicants till 31 May 2010, if applicable, has been taken up with the Government of India. The decision when received will be uniformly applied to those concerned and the information will be put on our website when available. Meanwhile no email/phone queries will be entertained."
Here is the link to their website
http://www.cgisf.org/ just keep an eye on their site. If
a refund is decided upon it should apply to everyone
regardless of which country they reside in. Good luck . . .
Transfer property ownership in India
Q: Respected Sir,
I request you to advise me in the following thing:
I have a cousin brother and his family who are all settled in USA. If I am correct this Brother has Green card but my aunty , this brother's mother don't have green card. but I am not sure Current we are staying in India in Kerala is joint property on which one share belongs this family What is the procedure to be adopted to get thei share transferred to my name.
Please advise.
Thanks,
Rajesh Konghattil
A: If you are referring to getting your cousin brothers share in the property transferred to your name, the easiest way to do this would be to do so by the two of you coming to an agreement under terms that are acceptable to both of you. I just want to mention to you that having a green card or living abroad or for that matter being a foreign citizen does not deny anyone inherited property.
Get Driving License in Gujarat India
Q: respected sir,
i am an 18 year old student living in Gujarat and have dual
citizenship of India and USA but now since i am going to be
studying here i need a car to navigate myself around so please
tell me if i can get a drivers license here or not.
thank you.
A: Yes, you should be able to get a drivers license in India. First it will have to be a learners license. Easiest method for someone in your situation is to take a fast track driving course by joining a driving school. It will help you with your driving and getting used to the Indian roads and the added benefit is they will do the paper work for your license.
Comments & Feedback
mohamed 2011-02-22 10:38:12
daer sir,we are in london and hold british citizenship and also hold oci.ihave bought appartment in surat under my wife name.i want to put my name also on the documents can that be done and will i have to pay charges.second question is if anything happens to my wife does the property automatically get inherited to me and my kids.
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