• For citizenship for my foreign wife

I am an Indian muslim man married to a Yemeni muslim lady. Our marriage happened at India according to rules of Muslim marriages and duely registered in India.
My wife wants to stay in India and wish to become an Indian citizen. 
Please help with the procedures.
Asked 4 years ago in Family Law
Religion: Muslim

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17 Answers

only if your wife reside in India for at least 7 years before you file an application for citizenship. This is in accordance with Section 5 of the Citizenship Act of 1955.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

Use Form-II if you want to gain citizenship by marriage. In other words, you can become an Indian citizen because you are legally married to an Indian citizen. You must have been living in India for 7 years. You will use section 5(1)(c) Of the citizenship act.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

section 5(1) (c) of citizenship act provides that a person can be registered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

2)or making an application for registration under section 5(1) (c) applicant has to fill in Form 111 under rule 5(1 )(a)of citizenship rules . if applicant has in preceding 12 months continuously resided in India the said period would be taken into account . further in last 8 years preceding 12 months if applicant has resided in india for not less than 6 years said period would be taken into account .

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Sir according to the Citizenship Act, 1955 Section 5(1) (c) Citizenship by registration. - (1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:

(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

So she have to make an application after seven years after residing in India for time being she can get visa on marriage grounds easily.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Usually a tourist visa is converted.

You may go through the following link, which contains the entire process:

https://www.tripsavvy.com/convert-india-spouse-tourist-visa-to-x-visa-1539304

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After the marriage with indian wait for seven years before she can apply for Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship. The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.

Apply online for part A, get a registration number, submit required documents to the applicable embassy/consulate or Indian immigration office. Central processing of applications will occur in New Delhi, India. Applicant deposits passport to get OCI card stamped in passport.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

she can apply for conversion from tourist visa to X visa .two main documents are needed for Tourist to X Visa conversions: 1) Submission of a copy of registered Marriage Certificate. 2) Report from the relevant local police station about marital status, including observations, confirmation of living together, and security clearance.

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

OCI and PIO not issued for foreign citizen. 7 years stay required. Unfortunately, there's no specific spouse visa for India. Foreigners who are married to Indian citizens are issued with an X (Entry) Visa, which is a residential visa. It provides the right to live in India, but not work

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. She shall have to stay in India as your wife for a period of at least 7 years for applying for Citizenship of India.

2. She can avail spouse Visa for coming to India.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. She is a citizen of Yemen.

2. She should apply for spouse Visa for staying in India.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.

2) No separate “Student Visa” or “Employment Visa” required for admissions in Colleges/Institutions or for taking up employment respectively.

3) A PIO Card holder will be exempt from the requirement of registration if his stay on any single visit in India does not exceed 180 days.

4) In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Regional Registration Officer / Foreigners Registration Officer.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Hello

As one of you is a foreigner the marriage can be registered as per the foreign marriage act.

After the registration process is over she would be granted Indian citizenship after a period of time. An oci/pio Visa cannot granted your wife as she was not an Indian citizen but she would become one once she is married. Therefore you have to apply for the citizenship with the ministry of external affairs.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1) Fill up Form-II if you want to gain citizenship by marriage. In other words, your wife can become an Indian citizen because she is legally married to an Indian citizen. And she must have been living in India for 7 years. She has to use section 5(1)(c).

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

2) After the marriage with indian wait for seven years before he/she can apply for Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship. The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.

3) A PIO Card holder will be exempt from the requirement of registration if his stay on any single visit in India does not exceed 180 days.

4) In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Regional Registration Officer / Foreigners Registration Officer

5) Parity with non-resident Indians in respect of facilities available to the latter in economic, financial and educational field.

6)All PIOs including PIO Card holders shall enjoy parity with NRIs in respect of all facilities in the matter of acquisition, holding, transfer and disposal of immovable properties in India except in maters relating to the acquisition of agricultural/plantation properties. No parity shall be allowed in the sphere of political rights.

7)Facilities available to children of NRIs for getting admission to educational institutions in India including medical colleges, engineering colleges, Institute of Technology, Institute of Management, etc. under the general categories.

8) Facilities available under the various housing scheme of LIC, State Government and other Government Agencies.

9) Special counters at the immigration check posts for speedy clearance.

Now go ahead & get married to this lady in a proper manner first (best will be to get married to her under the Foreign Marriage Act,1969 if you both are in a foreign country or under the Special Marriage Act,1954 if you both are in India. In both the cases you get a valid marriage certificate from the Marriage Officer/Registrar that you will be requiring for the purpose of PIO card now & for her citizenship purpose latter on) For more details contact me for any legal help or guidance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

As per the Citizenship Act, 1955 Section 5(1) (c) Citizenship by registration. - (1) Subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the Central Government may, on an application made in this behalf, register as a citizen of India any person not being an illegal migrant who is not already such citizen by virtue of the Constitution or of any other provision of this Act if he belongs to any of the following categories, namely:

(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Please let me know what kind visa should I apply for her stay in india for next 7 years. I have heard about OCI visa and PIO visa. how to apply for this or

After the marriage with indian wait for seven years before he/she can apply for Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship. The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.

2) No separate “Student Visa” or “Employment Visa” required for admissions in Colleges/Institutions or for taking up employment respectively.

3) A PIO Card holder will be exempt from the requirement of registration if his stay on any single visit in India does not exceed 180 days.

4) In the event of continuous stay in India of the PIO Card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Regional Registration Officer / Foreigners Registration Officer.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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