• OCI for spouse

I am an Indian citizen married to a Bangladeshi citizen and based in the USA for many years. We will both get US citizenship soon. I plan to switch my status to OCI in lieu of Indian citizenship. Is it possible to get an OCI (or any other similar valid status) for him ?
Asked 14 days ago in Family Law from United States
Religion: Other
Your spouse can apply for OCI as he has married an Indian citzen 

2) similarly spouse of an OCI card holder can apply for OCI 

2) it is necessary that marriage should be registered and subsisting for  atleast 2 years before applying 
Ajay Sethi
Advocate, Mumbai
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If the foreign national is son , grandson or great grandson of Indian citizen at the time of commencement of constitution ie  26 th January 1950 would be eligible for OCI card 

2) it is true that person who is a Bangladeshi citizen shall not be eligible for OCI card 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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1. No. You can not get OCI status for your husband who is originally a Bangladeshi citizen.

2. For applying for OCI for a person, he/she shall have to be a Citizen of India originally.

3. For getting the Indian Citizenship as per the Citizenship Act, 1955, a person is required to marry a citizen of India and ordinarily reside in India for 7 years.
Krishna Kishore Ganguly
Advocate, Kolkata
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232 Consultations
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1. You are right. No Citizen of, inter alia, Bangladesh will be eligible to apply for OCI status even if hie is originally a citizen of India.

2. In the instant case your husband was never an Indian Citizen for which for which the question of his getting OCI status does not arise.

3. For getting OCI status/certificate one shall have to be an Indian Citizen originally who have taken up citizenship of any other country accepting Pakistan, Bangladesh or such other countries  as the Central Govt. may notify.
Krishna Kishore Ganguly
Advocate, Kolkata
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232 Consultations
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1. You can apply for OCI status only after acquiring American citizenship.
2.Unless you relinquish Indian citizenship you can not acquire American citizenship.
3. So after becoming USA nationality you can apply for OCI .
4. So the Bangladeshi nationality is not going to stand in the way once you acquire American nationality as afar as you are concerned.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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You can get the OCI status for sure, but he cannot get it under any circumstances. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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I am an Indian citizen married to a Bangladeshi citizen and based in the USA for many years. We will both get US citizenship soon. I plan to switch my status to OCI in lieu of Indian citizenship. Is it possible to get an OCI (or any other similar valid status) for him ?

If you are a Indian Citizen and would be getting US citizenship soon, you may apply for OCI  status after that.
Whereas your spouse being a foreigner and not an Indian Citizen, there is no provision for her to get OCI status.  There is no reason for her to get OCI status.
if at all you are an Indian Citizen and are residing in India itself, then you may apply for citizenship for her as per law and citizenship rules 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Contrary to your response the Indian government website says the following:
No person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as Overseas Citizen of India card holder.
Since the above is contrary to the provided answer could you provide a link that supports your answer?

The law states that OCI card cannot be granted to a person who or either of whose parents or grandparents or  great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas  Citizen of India Cardholder. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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