Can't apply for PIO when eligible for OCI?

#1 Apr 2nd, 2012, 20:09
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#1
Hello,

The Indian consulate in Hamburg, Germany has told me that if I am eligible for OCI then I cannot apply for PIO. Is that really true? If you think they are wrong, how can I prove it to them? I would like to get PIO rather than OCI because of the shorter processing time. I need to travel soon.
#2 Apr 2nd, 2012, 20:16
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#2
Unless there's a new rule that hasn't been made public yet, they're wrong. But then, all Indian govt employees are laws unto themselves.

Maybe the best thing is to show them their own web page on PIO. Tick the paragraph under which you are eligible for PIO. Say there's no mention of OCI possibles not being eligible.
#3 Apr 2nd, 2012, 20:47
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Quote:
Originally Posted by Matka View Post Unless there's a new rule that hasn't been made public yet, they're wrong. But then, all Indian govt employees are laws unto themselves.

Maybe the best thing is to show them their own web page on PIO. Tick the paragraph under which you are eligible for PIO. Say there's no mention of OCI possibles not being eligible.
Hey thanks for the advice. I called them back and read their paragraph to them and said I've never heard that an OCI-eligible can't apply for a PIO. He said wait a minute, then I heard him asking his colleague, then he told me that they have a separate "circulation" saying that if someone can apply for an OCI then they must, but if I want I can apply for OCI. It sounded like he just couldn't admit he was wrong, but whatever, I just confirmed that he wouldn't reject my PIO and he said no... the PIO is more expensive and the Indian govt would get more money from me so that's good. Well, I'm applying for myself and my minor child, and together the cost is the same as two OCI's. It comes in 2 weeks and it's valid for 15 years which is good enough for now.
#4 Apr 2nd, 2012, 20:49
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#4
"...but if I want I can apply for OCI."

Sorry that should be "...but if I want I can apply for PIO."
#5 Apr 2nd, 2012, 21:31
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#5
Do you have citizenship of a country that allows dual citizenship as a matter of course? Germany, for one, doesn't.
#6 Apr 3rd, 2012, 02:37
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#6
Yes.. I have US citizenship
#7 Apr 3rd, 2012, 02:42
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Originally Posted by sid1234 View Post Yes.. I have US citizenship
Then you should ask the Indian Consulate General responsible for your area in the US and not the people at Hamburg.
#8 Apr 3rd, 2012, 15:36
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#8
I live in the vicinity of Hamburg... for 1.5 years now...
#9 Apr 3rd, 2012, 15:58
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#9
Quote:
Originally Posted by sid1234 View Post Yes.. I have US citizenship
Quote:
Originally Posted by sid1234 View Post I would like to get PIO rather than OCI because of the shorter processing time. I need to travel soon.
Quote:
Originally Posted by sid1234 View Post I live in the vicinity of Hamburg... for 1.5 years now...
What information do you have that makes you believe that PIO is shorter ? You are in a 3rd country; You hold U.S citizenship and you are applying in a country where you are less than two years. You should have applied for a 10 year T visa in U.S or a 5 year X visa in LA. This way you could have traveled and let the OCI take its course.

Anyways; do update us on the status of your PIO/OCI or X visa.
#10 Apr 3rd, 2012, 18:12
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nycank,

You are right I should have applied sooner. But I tend to procrastinate and now I find myself in need of a visa to travel in 1 month's time. I want to get the best deal in this time frame and PIO seems like a good choice.

The info I have is that when one has been resident in Germany for at least a year, with a valid residence permit, the relevant consulate processes the application normally. If one is resident for less than one year then the consulate first communicates with the third country's embassy (in my case US) and this costs extra time and money. This is what I learned online and on the phone from the person at the consulate. They tell me it will take 2 weeks.
#11 Apr 3rd, 2012, 19:07
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Well actually online it does not say how long one has to be resident in Germany before applying for a PIO... the information of 1 year applies to visa applications. But I just spoke to the consulate again and they told me that 1 year is enough for a PIO application... he said he is sure... but it's the same guy who told me in the first place that I could not apply for PIO.. so I'm a bit scared now.
#12 Apr 4th, 2012, 00:18
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Quote:
Originally Posted by sid1234 View Post Well actually online it does not say how long one has to be resident in Germany before applying for a PIO... the information of 1 year applies to visa applications. But I just spoke to the consulate again and they told me that 1 year is enough for a PIO application... he said he is sure... but it's the same guy who told me in the first place that I could not apply for PIO.. so I'm a bit scared now.
Apart from U.S Passport, do you have a permanent connection to U.S.A ? i.e permanent address ?
#13 Apr 4th, 2012, 19:31
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#13
Nope i don't.
#14 Apr 4th, 2012, 20:58
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#14
If the one year residency in Germany makes them say they won't process the PIO app, apply for an x-visa, not a tourist visa. The tourist visa has a nasty two-month exile rule that the x-visa doesn't. I think you are eligible for the x-visa by the same token as for the OCI or PIO.
#15 Apr 5th, 2012, 00:39
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#15
Quote:
Originally Posted by sid1234 View Post Nope i don't.
Quote:
Originally Posted by NonIndianResident View Post If the one year residency in Germany makes them say they won't process the PIO app, apply for an x-visa, not a tourist visa. The tourist visa has a nasty two-month exile rule that the x-visa doesn't. I think you are eligible for the x-visa by the same token as for the OCI or PIO.
You might have slight delays You have no permanent address (which should typically be a place in US) so think what you would put down in your PIO application form ?

The person in the Embassy who informed you about the one year or more rule for PIO application; did not put it in writing, so at best it is a roulette.

Let us know how you decide, and what the final outcome is, once you get your passport back from the consulate.

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