Q. My wife got Canadian citizenship 2 months back and applied for the OCI card from Canada which is pending with MHA for more then one and half months, since she has to come to India urgently she took five year extendable Visa and came to India on 13Th of Aug 2008, now she is living with me, please advise if she has to register with FRRO office? If yes when? Immediately or after 180 days, what is the procedure and what all documents are required.

Since she is 6 months pregnant she can not go back right now, please advice if there is any procedure that she can get the OCI in India once it's granted and from where we can check the status in India except the online as it's been more then one and half month there is no updated on the website.

Please guide and help us as it is very crucial for us , we will be grateful to you if you will help us on this matter. Your quick response will be highly appreciated

Regards, Gurpreet

A. As your wife has not yet been granted OCI and she is visiting India on a long term visa, she does have to register with the FRRO. While she does not have to register immediately, registration should be done not after 180 days as mentioned in your email but before 180 days.

Since you already know her stay will be more than 180 days you may want to do this sooner and not wait till the last minute. Registration is a simple procedure. Fill out the required form (get three copies of form) and provide four passport size photographs. There is no fee for this service.

The Foreigners Regional Registration Office in Delhi is located at:

East Block-VIII, Level-II,
Sector-1, R.K. Puram,
New Delhi-110066

Telephone No. : 011-26711348

Please note that most major cities in India have FRRO offices.

You should be able to check the status of your OCI application online. Six weeks is not a very long time.

The office in Delhi that deals with applications from those applying for CCI from within India is:
Foreigners Division, Ministry of Home Affairs, 26-Mansingh Road,
Jaisalmer House, New Delhi-110011.
Tel. No. 011-23387436.

You may want to request the consulate in Canada to have OCI documents issued to your wife from the Delhi office.

OCI - Applying From India

Q: Hello,  I am a Canadian citizen holding an OCI. I came here a few months back on a visit. My (ex) husband divorced me here. I want to know can I file a case of harassment in an Indian court since I am an OCI born & raised in India. Does the Indian court have jurisdiction since the harassment happened here in India. or do I have to go back (which I can not afford) to get justice? Please answer directly to my email if possible, if not, I'll keep checking your web site.
Thanks

A: Regardless of citizenship, any crimes committed in India are subject to Indian laws and all foreigners can be prosecuted. If harassment occurred in India you can file a case there. India and Canada signed an extradition treaty February 6, 1987 so courts if they decide can seek extradition of a foreigner to face the law.

There are several things you can do depending on the circumstances of your case.

1. If dowry harassment was involved you can file charges under section 498A of the Indian Penal Code. This could have grave consequences for your husband and his family. Even if he has left for Canada he could find himself in trouble.

2. The Ministry of Overseas Indian Affairs also offers help to Indian women. They offer a scheme where they claim to provide some financial assistance to needy women in distress who have been deserted by their overseas Indian spouses for obtaining counseling and legal services.

 The term Overseas Indian” would include NRIs and foreign citizens of Indian origin. The counseling and legal services would be provided through credible Indian Women’s Organizations/Indian Community Associations and NGOs identified for providing such services and empanelled with the Indian Missions in the USA, the UK, Canada, Australia, New Zealand and the Gulf. The scheme is a welfare measure to support women of Indian origin in distress, through the mobilization of the local Indian community in the endeavor and with some financial assistance from the Government.

To learn more about this click here  to visit the Ministry of Overseas Indians site.

3. You may want to check with a lawyer and get advice on how to proceed. However think this over carefully. You may be able to reach an amicable settlement with your husband without filling charges so do give this a try before using severe options.

If you decide to speak to a lawyer take care on who you hire. Sometimes lawyers will take money from both parties and keep asking for money. If you hire a lawyer, do so with an understanding of what exactly he or she will do, the time frame involved and set the full fee before hiring the lawyer and get everything in writing.

4. You could contact the Canadian Consulate if you need financial help to get back to Canada. If you were sponsored by your husband to Canada he may have financial obligations. He may also be liable for support payments depending on your circumstances.

I have no idea of the situation surrounding your divorce or how long you had been married. However I would like to suggest that you not let anger or spite take over and proceed with caution on whatever route you intend to take. Decisions taken in anger are usually decisions people regret later. Think calmly and look at the future with hope.

Good luck and may God bless you.