• Can a foreigner keep PIO in case of divorce or death of IN spouse

I have a question. I am a foreigner and I am married to an Indian citizen. My concern is can a foreigner hold PIO card in case of divorce or death of an Indian spouse. The problem is mainly about children who will be born in India and have Indian citizenship. As far as I understand, the PIO have to be submitted for cancellation. But, what if tomorrow something happens to my husband and we have children born in India, who have Indian citizenship. What do we do about it? How, I, as their mother can stay in India and take care of them as well as property and business I acquire while I have my PIO. 

Thank you.
Asked 3 years ago in Civil Law from Bangalore, Karnataka
1)If spouse of a citizen of India or a person of Indian origin is applying for PIO card, an undertaking from both will be required stating that in case if separation/ divorce the PIO card will be surrendered for cancellation

2);In the event of divorce, the foreign spouse holding PIO card is required to notify the authorities and the authorities would take steps to cancel the PIO card.This does not mean that on loosing the PIO card the person would be instantly required to sell their property or immediately leave iindia 

3) the best course for a spouse under such circumstances would probably be to approach the appropriate authorities and try to legalize their stay in India by applying for a different type of visa.
Ajay Sethi
Advocate, Mumbai
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apply for visa to stay in india . foreigners can also apply for Indian citizenship once they meet the residence requirements

By Naturalisation (section 6):Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfils other qualifications as specified in third schedule to the act, 1955
Ajay Sethi
Advocate, Mumbai
27180 Answers
1472 Consultations
5.0 on 5.0

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