• No right for OCI - what is the alternative

Hello.

I am dutch and getting married soon to a indian. We want to live in India. But i was long time ago for 5 years in military. I cant get oci because of that after 2 years marriage. Are there other options to stay permanent in India for me? We want start also family there.

Thank u for ur help.
Asked 3 years ago in Family Law
Religion: Other

9 answers received in 1 day.

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9 Answers

If you want to live in India then you may come on a tourist visa. OCI status can only be obtained by persons who were either Indian before taking another country's citizenship or their forefathers were Indian. Are you an Indian who has now become a Dutch citizen?

Permanent citizenship can only be obtained after processing all the formalities.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The only way out is your application for visa ( Employment) to stay in India on your Dutch passport. You may look for neutralization after if you wish to stay in India permanently. 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

on basis of marriage to Indian citizen you can apply for and obtain X  visa 

 

2) This visa doesn’t give you any rights to be employed or do business, but you can stay for a long term in India on this visa. And you can open a bank account, as well as apply for a PAN card and Aadhar card.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can while being in india apply for x visa through FRRO 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

An Entry (‘X’) Visa may be granted to a foreigner in the following cases :-
(1) A Person of Indian Origin, who does not possess an OCI card, and may be granted ‘X-1’
Visa for a period of five years at a time, with multiple entry facility.
(2) Spouse and children of an Indian citizen/ Person of Indian Origin/ OCI cardholder (other
than those who are registered as OCI cardholder) may be granted ‘X-2’ visa for a period
of five years at a time, with multiple entry facility.
Note
(i) After completion of 5 years from the date of issue of X-1/ X-2 visa , if further
extension is required, the proposal shall be referred by FRRO/ FRO concerned to
the Ministry of Home Affairs for clearance. MHA would grant extension for one year after the expiry of the initial period of five years. Subsequent extensions, if any, up to a total period of another 5 years at a time may be granted by FRROs
/FROs concerned. The same procedure will be adopted if further extension is required.
(ii) A “Person of Indian Origin” means - (a) a person who at any time held an
Indian passport; or (b) a person who or either of his / her parents or grand
parents or great grand parents, was born in , and was permanently resident in
India, provided neither was at any time a citizen of Afghanistan, Bangladesh,
China, Pakistan or Sri Lanka or any other country that may be specified by the
Government of India from time to time.

Therefore you may be granted an x visa for a period of 5 years and extensions are possible.

For citizenship you have to apply.


For a PIO you can apply for a citizenship after 7 years and for a foreigner the time period is 12 years.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can stay permanent in India under oci category and work too

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

There is no specific visa called Spouse visa for India. For any foreigners married to Indians, you can get an Entry visa (X) through any of the FRROs in India.

This visa doesn’t give you any rights to be employed or do business, but you can stay for a long term in India on this visa. And you can open a bank account, as well as apply for a PAN card and Aadhar card. 

And after being married for more than 2 years, you can apply for OCI Card.

You may have to fill up the proper details in your application for OCI which would be considered on merits. 

Note that while it is possible to get married on an online visa for India, that’s usually issued for 90 days.

FRRO recommends that you start the conversion process at least a month before your current visa expires. It’s normal for the conversion process to take 3 weeks or more.

You get married under special marriage act and obtain a marriage certificate which is an essential document 

Another important document is is letter from yourt partner.

Your Indian partner gets a notarized affidavit saying that he/she will take full financial responsibility for you. This letter should have both of your names, passport numbers, etc and he/she has to sign it.

Besides, the foreigner have to get an affidavit that says you will not get employed or do business while in India, and that you want to convert your visa to a spouse visa.

A rent agreement or utility bill will totally work. In case, you are staying in a hotel or Airbnb, you can get a Form C.

The above are few requirements that you should obtain for this purpose.

 

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Normally X-1 is for persons of Indian origin and X-2 is for spouses of people of Indian origin

An Employment visa is granted to a foreigner who is a highly skilled and/or qualified professional. Employment Visa shall not be granted – (i) for jobs for which qualified Indians are available and (ii) for routine, ordinary or secretarial/clerical jobs.

The foreign national being sponsored for an employment visa in any sector should draw a gross salary in excess of Rs. 16.25 lakhs per annum

Other foreign nationals eligible for Employment visa
(a) Foreign nationals coming to India as consultant on contract for whom the Indian
company pays a fixed remuneration (this may not be in the form of a monthly salary).
(b) Foreign artistes engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.

Self-employed foreign nationals coming to India for providing engineering, medical,
accounting, legal or such other highly skilled services in their capacity as independent
consultants provided the provision of such services by foreign nationals is permitted
under law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

As per the facts which have been provided, you can apply for x visa.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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