• Immigration

Hi,
I Prabhjeet Walia a Sikh from India living in the UK for last 10 years and my partner is Muslim a Pakistani national living in the UK for past 10 years. We are not married yet and we have a 5 month old child.
If we wanted to return to India together can we do that if yes how can we do that.
My partner has no one in Pakistan as both her parents are dead.We have been applying to stay in the UK as i am aware that there will be many difficulties for us to live together in India.
So i am looking for a detailed advice. And an expert report of our possibilities and difficulties for returning back to India if we can return back together.I would be happy to pay for the expert report but will have to be based on the detailed reply now.
Asked 6 months ago in Family Law from United Kingdom
Religion: Hindu

Dear Mr Walia,

 

Thank you your query. As I understand you seek an Expert opinion on what challenges and difficulties you and your family could potentially or most likely are going to face whilst applying for for a long term visa to stay in India and it seems the report most likely could also be put before before the Immigration Tribunal in the UK as to why you and your family should be granted to stay in the UK.

By way of introduction, I an Indian Advocate who has extensively worked on issues of immigration and preparation of Expert report (Deportation, Asylum etc.). In the past few years I have, working closely with an English barrister, have been successful in assisting clients who had sought similar assistance.

Coming to your query, it is indeed true that migrating back to India with your spouse who has her origin in Pakistan would be difficult in convincing the authorities as to why you and your family be allowed to migrate back without any checks. Further, in the event your wife is granted a long term stay visa, she would still be at a great risk of constant police harassment and you both along with your child may not be able to lead normal lives and enjoy it to the fullest as any other family in the usual circumstances in India. 

 

If you could please tell me if you have instructed any solicitor in this matter who in turn could instruct us to prepare a report and we could proceed with things. Also a timeline could really help.

 

I hope this assists. 

Tanmeet Singh
Advocate, New Delhi
10 Answers

Not rated

You can marry your partner in UK and get your marriage registered with Indian embassy under provisions of foreign marriage act 

 

2) on basis of marriage certificate apply for long term visa for your wife 

 

3) she can after her marriage also apply for OCI 

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

Immigration is very long process for Pakistani citizens in India.

 

It will be great who is bride and groom as in Punjab girl and boy names are mostly same.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

See as you are Indian citizen, the most easy way for you both to come to India will be marriage. Since your Indian and she will be married to you she can apply for a dependent visa as wife of Indian citizen she will be granted visa.

See in case without marriage you are coming she has to be on visitors visa for limited and less time.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

Since you have a child and you both have been together for 10 years so marriage wont be difficult for you based on same you can return to India without any difficulty.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

She can come down to India on tourist visa 

 

2) you can marry your girl friend under provisions of special marriage act in India 

 

3) then on basis of marriage certificate apply for her visa 

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

You can visit Indian embassy website for guidance for marriage to be solemnised under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

Does birth certificate reflect your name as biological father 

 

2) your child would be entitled to Indian citizenship 

 

3) have you registered birth of your child with Indian embassy ? 

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

your Child is eligible for Indian nationality. However, being born in the UK is not a ground to apply for the UK citizenship anymore.

 

Like I said you can instruct a solicitor who in turn can file your petition for leave to remain on the circumstances you just described and for the same instruct us to provide for a detailed expert report. 

Tanmeet Singh
Advocate, New Delhi
10 Answers

Not rated

See if possible seek an extension in the UK for few days get married register it. or you can first apply for visitor visa in India get married here and then dependent visa can be taken.

Further for child since your name is registered as father in his records you can take his dependent visa and can bring him along with you to India.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

Child doesn't have a British citizenship as they don't have the concept of the citizenship by birth so you have to bring him India as dependent get him registered for citizenship.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

Child doesn't have a British citizenship as they don't have the concept of the citizenship by birth so you have to bring him India as dependent get him registered for citizenship. Further for child OCI cannot be applied as one parent is pakistani so dependent visa is way out.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

Child doesn't have a British citizenship as they don't have the concept of the citizenship by birth so you have to bring him India as dependent get him registered for citizenship. Further for child OCI cannot be applied as one parent is pakistani so dependent visa is way out.


Child doesn't have a British citizenship as they don't have the concept of the citizenship by birth so you have to bring him India as dependent get him registered for citizenship. Further for child OCI cannot be applied as one parent is pakistani so dependent visa is way out.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

I understand your predicament. 

However, the site does not allow me to share my personal details. but you can always email me I suppose.

contact   @ tslaw    . co . in  

Tanmeet Singh
Advocate, New Delhi
10 Answers

Not rated

Sir you can approach advocates through this website there is option for phone consultation, contact details herein cannot be shared as per the policy.

Shubham Jhajharia
Advocate, Ahmedabad
15317 Answers
63 Consultations

5.0 on 5.0

You can seek phone consultation from kaanoon.com website 

 

they woukd provide you contact details 

Ajay Sethi
Advocate, Mumbai
61317 Answers
3721 Consultations

5.0 on 5.0

a person arriving in UK as a general visitor cannot marry or register a civil partnership, or give notice of marriage or civil partnership.

a marriage in India is required to be registered under Indian marriage law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

Mohammed Mujeeb
Advocate, Hyderabad
7067 Answers
3 Consultations

4.5 on 5.0

1. You have not mentioned whether she is still a Pakistani citizen or not.

 

2. There will be no problem for you to come to India and she also can come with tourist Visa but there will certainly be a problem for her to get a long term Visa like spouce Visa since you two are not married.

 

3. Moreover, even if you had married, she would have faced problem in getting spouce Visa simply because of the fact hat she is from an enemy country.

 

4. However, you shall have to try for her Visa for which an application shall have to be submitted by her.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. The ideal option for you should be to get married as per foreign Marriage Act and register your said marriage before the Indian Consulate.

 

2. Thereafter  she can apply for spouce Visa for coming to India.

 

3. Ordinarily, it would not have been a problem had she been from any  Country other than Pakistan being our enemy country.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. There may not be any additional problem to be faced by her in India if she can manage to get a Visa for coming to india since there are several such pakistani wives who have taken up India Cotizenship after marrying an Indian.

 

2. Your main problem is to convince the authority that she can not go back to her own Country because she bore your child while being unmarried.

 

3. Getting married with her as per law mightv ease your difficulties to some extent.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. You both can get married in trhe UK as per Foreign Marriage Act.

 

2. Moreover, you can also get married by following Hindu religious customs in Arya Samaj temple in UK in cvase she (and you too) is willing to get converted t Hinduism. Alternatively, you also can get converted to Islam and get married in the UK as per Sharia before the Quazi and get yiour Nikanama issued by the Quazi.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. Her going back to Pakistan will be dangerous for her since she has become single mother against her religious diktat.

 

2. She can claim asylum in the UK on the said ground and thereafter you can seek permanent residency in the UK for being the father of her som.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

1. You will be like any other citizen in India if she can manage to get a Visa from Indian Authority.

 

2. If you chose UK o settle in, arrange for her asylum on theground that otherwise her life will be in danger.

 

3. Once she gets the asylum in the UK, it will be easier for you to get permnanet residency in UK and your son will have UK citizenship.

Krishna Kishore Ganguly
Advocate, Kolkata
21771 Answers
564 Consultations

5.0 on 5.0

Yes she can live in India if she comes with valid visa and formalities. You can be live in with her in India also. Her stay in India needs to be valid in eyes of law

Prashant Nayak
Advocate, Mumbai
8307 Answers
11 Consultations

4.8 on 5.0

You can return to India if you are an Indian cirtizen and hoilding Indian passport without any difficulty or problem whereas she being a Pakistani cannot come to stay in India permanently.

She can can apply for a visa depending on your purpose of visit to India. Please be advised, a Tourist Visa is NOT issued to Pakistani passport holders.

T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.



T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.



T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.



T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.




because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.




because our main aim is to live in the UK because i know there will be lot of difficulties for us to even go to India together.I have tried to contact Indian Embassy here to get some advice.


The High Commission of India follows a streamlined process while considering visa requests from Pakistani passport holders. In order to assist you to obtain your visa in a timely manner, please be advised that the following steps are taken before a visa application is processed:

Step 1: Obtain the mandatory documents from India

Step 2: Access Online Visa Application Form

Step 3: Take two printouts of the online visa application form, SIGN the forms and affix photograph on each application

Step 4: Submit the visa application forms along with the mandatory documents, passport and fee at the nearest TCS Visatronics / Gerry’s International- Visa Drop Box as per the list of available locations in Pakistan (namely, Faisalabad, Gujranwala, Hyderabad, Islamabad, Karachi, Lahore, Mirpur Khas, Multan, Peshawar, Quetta, Sialkot and Sukkur)

Step 5: Applications are scrutinized and sent for clearance to Foreigner Division, Ministry of Home Affairs, New Delhi, India

Step 6: Once clearance is received, the visa is endorsed and passports are handed over to TCS Visatronics / Gerry’s International- Visa Drop Box

Step 7: TCS Visatronics / Gerry’s International- Visa Drop Box will contact the visa applicant for delivery of passports.

Please be advised that the issuance of the  visa, its type and duration are determined on the merits of each case. The High Commission reserves the right not to assign any reason for issuance / not issuance of a particular type of visa.




And what about our child what nationality he will hold.

Your child will be UK citizen

And what about our child what nationality he will hold.

Your child will be UK citizen

i read in the news all the time about the problems.

What rights she would have even if she manage to get a Indian visa and what will be the child's nationality.

The child will acquire the nationality of the courty in which it was born.
She may have to apply for Indian visa as per law.
If she is afraid of going back to Pakistani with the child, then let the child be there with you in your custody till she returns to India.


T Kalaiselvan
Advocate, Vellore
51445 Answers
612 Consultations

5.0 on 5.0

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