• OCI Card Holder marrying Syrian refugee in Turkey

Hello Sir/Madam,

I am a Canadian Citizen originally from India. I met a Syrian refugee in turkey and we fell in love. I want to marry her and take her to india and live there for many years. I have OCI card. How can i do this ? What are the steps ? How long is the process ?. Please explain step by step so i can follow them. 

Thank you very much
Asked 4 years ago in Civil Law

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13 Answers

If your marriage is subsisting  for 2 years your spouse can apply for OCI card 

 

2) you would need your marriage certificate 

 

3) marriage certificate should be apostles / attested by Indian consulate 

 

4) further you need copy of passport of spouse and your OCI card and documents on basis of which OCI card was issued to you 

 

5) your declaration that in case of divorce / demise of your spouse you would surrender her OCI card

 

6) submit demand draft of 275 dollars to Indian mission in Canada  and upload spouse passport size photographs 

 

7) if you want to take your spouse to india apply for visa for her from Indian consulate in canada

Ajay Sethi
Advocate, Mumbai
100037 Answers
8167 Consultations

You can register you marriage under the Foreign Marriage Act, 1969

  1. Form of Notice of Intended Marriage (4 copies)
  2. Declaration (by prospective bride and bridegroom) (2 copies) 
  3. Sworn Affidavit (by prospective bride and bridegroom) (1 copy to be filled by    each)
  4. Four (4) identical recent passport size photographs of bridegroom and bride.
  5. At least one of the parties must have residence visa of Turkey.
  6. The Indian national intending to get married should produce an affidavit of singleness attested through IVS.
  7. If one of the parties is other than Indian, No Objection Certificate /Affidavit (in respect of individual regarding his/her marital status and willingness to marry an Indian)
  8. Three witnesses (holding residence visa) with their original valid passports.
  9. All the five persons are required to appear before Marriage Officer for signatures with their original passport and a photocopy both at the time of submission of form and at the time of solemnization of the Marriage (photocopy required only at the time of submission of form)
  10. After submission of form, Newspaper advertisement is to be given by the individuals in local English Newspaper as well as English Newspaper in the place of permanent residence indicated in the Passport in India/concerned Country. Text of advertisement is as under:
    ________ holder of ____________ Passport bearing No. ______________ issued at __________ on _________ and Ms. ______________ holder of ____________ Passport bearing No. _________ issued at _____________ on _____________ intend getting married at Canada under the Indian Foreign Marriage Act.  Objections, if any, may be conveyed to the Embassy of India, Canada within 30 days on Telephone No….
  11. All the particulars must be filled in as per the details mentioned in the passport.
  12. The procedure may take a minimum period of 45 days from date of publication of advertisement.

 

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

You can get married to her and on basis of your wife she can get an OCI card so that she can live in India as oci

Prashant Nayak
Advocate, Mumbai
34710 Answers
250 Consultations

Neither you are an Indian citizen nor your fiancee.

Hence your marriage cannot be registered in India or in the Indian consulate in Your country of residence as per Indian laws.

Your marriage can be registered as per the laws of the country where you would register your marriage.

You are permitted to visit India on the basis of OCI.

However she can travel to India only as a tourist.

She may also have to obtain an OCI on the basis of spouse of an OCI, then she can visit India as an OCI. 

T Kalaiselvan
Advocate, Vellore
90240 Answers
2508 Consultations

As you say you are a Canadian of Indian origin and your fiancée is a Syrian refugee. It is better for you to solemnize your marriage in Canada. It will not be possible in India, given the facts. 

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

- As per law , a foreign national does not automatically become an Indian citizen after marriage with a citizen.

- However , as you are an OCI Card holder and she is also a foreigner  , then your marriage cannot be registered in India

- Further, for registering the marriage in India. one party should be permanently from India. 

- You can marry with her in the country of residence where one of you residing  

Mohammed Shahzad
Advocate, Delhi
15873 Answers
243 Consultations

Your fiancée can come to India under  tourist visa  get married in India 

 

register your marriage under provisions of SMA 

 

your spouse tourist visa can be converted into long term visa 

 

Conversion application can be done online, through the official website of the Indian Bureau of Immigration. The form should include details including the current visa number, country of issue, expiry date, contact information, etc. Post the online application, a physical application should be given to the FRO/FRRO.

Ajay Sethi
Advocate, Mumbai
100037 Answers
8167 Consultations

1. You ca marry her before the Indian Consulate as perv Foreign Marriage Act.

 

2. Alternatively, you can come to India and marry her as per Special Marriage Act or which you shall have to have your residence proof in India from where you shall have to file an application before the Registrar who will send copy of the notice to you at your said address.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. Since you are a Canadian Citizen, you can take her to Canada and marry her at Canada.

 

2. If you decide to marry her in India, she will  may not  get the Citizenship in India since you are not an Indian Citizen.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Before marriage you can't bring her in India on your standing. She needs to get a tourist or other entry visas in India 

Prashant Nayak
Advocate, Mumbai
34710 Answers
250 Consultations

Dear Client, 

As you are a Canadian Citizen, you can take her there to marry her validity but if you think about India, she can not get Indian citizenship as even you are not an Indian citizen. 

Thank you

 

 

Anik Miu
Advocate, Bangalore
11084 Answers
125 Consultations

To get married in India as per Indian laws,  one of the parties to the marriage should be an Indian. 

Since you both are foreign citizens your marriage may not be registered in India. 

Hence you may have to look for marrying her in that country itself. 

After that she can visit India on tourist Visa accompanying you. 

T Kalaiselvan
Advocate, Vellore
90240 Answers
2508 Consultations

Please be guided by my earlier response.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

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