• Marrying foreigner & then getting work permit for foreign partner

Dear All,

I live in Bangalore and work in a MNC where i met a Beautiful Chinese girl and we would like to get married. As she would like to move to India, I learnt from all your advices that i need to register my marriage through the Special Marriage Act. My queries are:

1. Can she stay with me without losing her Chinese citizenship (she doesn't want to lose it & I respect that)?

2. Can she take up job in India with her Chinese citizenship (she is not professionally qualified - just an under-graduate) any legal procedure to follow?

3. How often can she visit her family if she comes on a tourist visa or what kind of visa she needs to apply?

4. As an alternative, if she takes up Indian citizenship, how to do it? Can she visit back her family? How often?

5. Based on her getting citizenship, can she take up job like any other Indian?

Please help...we love each other a lot and want to stay together...

Thanks,
Safwan
Asked 5 months ago in Family Law from Bangalore, Karnataka
Religion: Muslim
1. She can stay here in India on a visit visa or work permit visa, spousal visa cannot be extended for ever without seeking citizenship 

2.  She can acquire work permit visa as per the visa rules.

3.  She can apply for visit visa all those times she would like to visit you.



4.  There is no restriction for her visiting her family back at China even after acquiring Indian citizenship


5.  Yes, she can very well take up a job to her caliber in India.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1) it is not necessary for your wife to renounce her chinese citizenship after your marriage is solemnised 

2)your wife needs work visa to work in india as she has foreign citizenship . work visa cannot be granted for ordinary , clerical or routine jobs . applicant should be highly skilled and qualified professional 

3)your wife can visit China to meet her parents . 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.

4)at present rules stipulate requirement of one year continuous stay before making an application for Indian citizenship in case of grounds of marriage to an Indian citizen,

5)he new proposal is that the law be suitably amended to allow for a foreigner to be allowed breaks for a total period not exceeding 30 days during the prescribed period of one year stay in India before he or she can make an application for Indian citizenship.

6) after obtaining indian citizenship your wife can work in india
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Querist 
My opinion on your queries are as under:

1. Can she stay with me without losing her Chinese citizenship (she doesn't want to lose it & I respect that)?
Opinion: yes, it may be possible, being a wife of Indian she can stay in India without losing her citizenships of China.


2. Can she take up job in India with her Chinese citizenship (she is not professionally qualified - just an under-graduate) any legal procedure to follow?
Opinion: it may be possible that she get any job as per her profile but can not get govt. Services.


3. How often can she visit her family if she comes on a tourist visa or what kind of visa she needs to apply?
Opinion: she may apply for dependent visa which will be beneficial after the marriage.

4. As an alternative, if she takes up Indian citizenship, how to do it? Can she visit back her family? How often?
Opinion: as per section 5 of Indian citizenship act 
Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS can be apply for citizenship by making application under section 5(1)(c). Application shall be made in Form-II.
There was a news regardingvthe same which is also mention as below.
new proposal is that the law be suitably amended to allow for a foreigner to be allowed breaks for a total period not exceeding 30 days during the prescribed period of one year stay in India before he or she can make an application for Indian citizenship. Foreign nationals marrying Indians presently cannot leave India even for a single day in the one-year prescribed period before applying for Indian citizenship.
"Representations have been received about the difficulties in fulfilling the criteria of one year's continuous stay in India before making an application on the ground that due to increased globalisation, there is imperative need for people to visit abroad due to economic, social or medical needs. The stipulation of one year continuous stay also causes genuine hardship in some personal situations where personal travel abroad has an unavoidable/inevitable context and in the case of skilled professionals on account of professional commitments," says a proposal of the Home Ministry made public now.
The rules so far stipulate a requirement of one year continuous stay before making an application for Indian citizenship in case of grounds of marriage to an Indian citizen, a foreigner who qualifies for naturalisation, an Overseas Citizen of India (OCI) Card holder for five years or any erstwhile citizen of India. The new rules will allow a foreign citizen to make multiple trips abroad in the stipulated period of one year provided the person is not absent from India for over 30 days in all.
The proposed change in rules will also allow minors, whose parents are Indian citizens of one parent is an Indian citizen, to be allowed grant of OCI registration. "Such minors should have the first claim for the grant of OCI registration as their parent(s) have still retained their Indian citizenship," the proposed rules say, adding that lot of representations have been received from the Indian diaspora and Indian Missions and Posts abroad regarding the anomaly where such category of minors are not considered for OCI registration.
The Home Ministry is also moving towards merging the OCI and the PIO Card scheme, as announced by Prime Minister Narendra Modi in USA last month. 2014.

5. Based on her getting citizenship, can she take up job like any other Indian?
Opinion: yes, she can.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. She can stay with you on toursit visa which she may apply to be extended.
2. India and China are enemy countries, so the process to obtain Indian citizenship or have the visa extended will not be smooth.
3. Even after obtaining Indian citizenship she can as any other Indian citizen apply for and obtain Chinese visa to visit China.
4. There is a 30 day residency requirement in India, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the registrar to get married. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.  
 
5. You’ll need to submit your intention to get married to the registrar along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

6. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

7. All she has to do right now is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0