Help - Tourist Visa is about to expire

#1 May 22nd, 2010, 17:47
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  • Manu_J is offline
#1
Hi, I really hope someone can help me.

This is the situation. My wife and I along with our two kids are in India. I hold a british passport and so do our kids. My wifes passport is Indian.

My kids and I came to India on tourist visas that are about to expire, mine within a week and the kids within a month.

I have been trying to apply for an OCI card for me but am having problems finding proof of my parents roots. They moved to the UK in the 60's and really have no paper work proving there Indian roots. So no old Indian passport, birth certificate etc.. So that avenue for me is looking bleek.

What I have been told is that tourist visas cannot be extended and that me and the kids will have to go back to the UK and apply again.

My questions ?

1.) Can my visa and the kids be extended on the basis I am married to an Indian ? We have been married 9 years.

2.) Even though I am having problems providing documents proving my parents indian roots. Can I still apply for oci cards for my sons on the basis of my wife in India, saving them having to go back ?

3.) Can my tourist visa be converted to X-visa in India, even though we have been married 9 years. I was told it could be converted if we had been married 90 days or less.

4.) How can I avoid all of us going back to the UK and applying for visa's ?

5.) If we did all end up having to go back, If I was to apply for the 5 year x-visa in the UK, would I be able to by-pass the new 2 month rule ?
#2 May 22nd, 2010, 19:22
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#2
Quote:
Originally Posted by Manu_J View Post 1.) Can my visa and the kids be extended on the basis I am married to an Indian ? We have been married 9 years.
You can apply to have your tourist visa converted to an entry visa on the basis of your marriage to an Indian citizen. I have no idea whether this extends to the kids, as most of the discussion on here is about people doing this this straight after their marriage as a stopgap measure before getting PIO.

Quote:
2.) Can I still apply for oci cards for my sons on the basis of my wife in India, saving them having to go back ?
You really should have applied a long time ago. Your children need to be legally in India on a long term visa (eg 1 year entry visa) before they .can apply for PIO / OCI

As their visas are expiring so soon, they will not be able to leave India until the process is complete. I'd say it was far better to deal with this from the UK.

Quote:
3.) Can my tourist visa be converted to X-visa in India, even though we have been married 9 years. I was told it could be converted if we had been married 90 days or less.
First I've heard of that rule, but if they are refusing to convert your visa because you've been married for so long, there's nothing you can do about it.

Quote:
4.) How can I avoid all of us going back to the UK and applying for visa's ?
You MAY be able to stay if you can get your entry visas converted, but if not you'll have to go back to the UK. It's a shame you entered India on tourist visas, when your whole family qualifies for PIO / OCI.

Quote:
5.) If we did all end up having to go back, If I was to apply for the 5 year x-visa in the UK, would I be able to by-pass the new 2 month rule ?
Definitely, the two month rules has only ever applied to holders of tourist visas, see my sig line for the full rules.
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#3 May 22nd, 2010, 20:05
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#3
Ok, thanks for that and replying so quickly.

My wife had gone into full tilt today after I said we might need to go back to the UK for visa's. Not saying that it will be smooth sailing at MHA delhi and we are not out of the woods yet. But a visit to Delhi has been planned for monday to see what they say.

Also after speaking to someone else, he says I should be able to ask for an extension at Delhi MHA for me and the kids on the basis that my wife is Indian.

They will then give me a sealed envelope which I need to take to my local FRRO office in Punjab. After this, I should be able to apply for PIO card for me and OCI card for the kids.

Does that sound right ?

Fingers crossed.
#4 May 23rd, 2010, 02:04
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Originally Posted by Manu_J View Post But a visit to Delhi has been planned for monday to see what they say.
Please note new MHA appointment system for visa queries.

Quote:
Also after speaking to someone else, he says I should be able to ask for an extension at Delhi MHA for me and the kids on the basis that my wife is Indian.
It is possible, but it may take a very long tie to get an entry visa, which will be necessary before you can apply for PIO / OCI, and during that time it would not be possible to leave India if you wanted to return.

You may want to read some of the many many other threads on here discussing having tourist visas converted to entry visas in India following marriage, to see what other people's experiences of the process is have been.
#5 May 23rd, 2010, 02:44
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#5
Quote:
but it may take a very long tie to get an entry visa
Dress codes: ridiculous, eh?

#6 May 23rd, 2010, 02:51
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Originally Posted by Nick-H View Post Dress codes: ridiculous, eh?

Yes, be careful not to trip over it if it's too long!
#7 May 23rd, 2010, 15:10
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#7
lol

Thanks for the heads up on the new booking system at MHA. We have an appointment booked for Tuesday.

I will see how long they grant the extension/conversion for. We dont have any plans of going back till summer next year, so 1 year would be ideal.

Also while going through the appointment system, I came across this:" Foreign nationals already married to Indian national. However, this facility is available in respect of visas granted upto 30.06.2010".. see below.

Looks like I am quite lucky as things will change on tourist visa's issued after the end of June.

I'll update you when I come back on tuesday, hopefully with a sealed envelope for the FRRO !


Tourist Visa is non-convertible and non-extendable. However, conversion if TV may be granted by MHA in following cases:

A. Conversion of TV into XV:

ii) Minor children of Foreigners of Indian origin/PIOs/OCI cardholders.
Documents required:
a) Copy of the Passport and visa page.
b) Copy of parents Passports
c) Copy of birth certificate.
d) Proof of residence

iii) Foreign nationals already married to Indian national. However, this facility is available in respect of visas granted upto 30.06.2010. Documents required:

a) Copy of the Passport and visa page.
b) Copy of the Indian spouse’s Passport.
c) Copy of marriage certificate.
d) Proof of residence.
#8 May 23rd, 2010, 16:08
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#8
Good luck Manu - keep us updated as this is an interesting case, and up to date information re your conversion of TV etc. and how it will go for the children, will be very useful here.
Every cloud has a silver lining!
#9 May 28th, 2010, 22:05
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#9
Hi

An update for you.

OK, so we went to delhi mha on tuesday. Made sure we had all the paper work in order already, including forms etc.. and the new online appointment booking system, for which we had printed the slips off for (thanks for the headsup once again)

BUT

No one who was waiting knew about the online appointment system and it seemed like we were the only ones with the online system slips.

We did meet one or two people with the slip and a small panic did start amongst people who didnt have slips. It was the 2nd day of the system and it seemed like the staff at the mha were to not bothered.

10am was the time for forms to be handed in, they got around to coming out close to 11.30am. The problem was the room was getting busier by the minute and the HEAT. It was so bad that people had started feeling sick. They have some airconditioning but it was as good as not being on. I almost had a panic attack waiting, then there was a power cut so the fans and what ever aircon they did have was off, the whole experience was really overwhelming. I really do not want to do anything like that ever again in that heat. Luckly we didnt bring the kids with us. Best move we ever made.

We handed our paper work in came back at 4.30pm waited for an hour before we were called and ended picking up the envelope.

The official at the mha said he could extend our kids for 1 year and have it converted to X-visa from tourist, then we can apply for oci/pio card. And mine he could only extend for 3 months with conversion to x-visa. He said once we give the envelope to the local FRRO office, they will send a report back to the mha, after doing some checks on where I am living etc. This will enable me to apply for a pio card after the visa has been converted. Once I have the PIO card everything should be fine.

But we now have extensions and conversion. I am going to the FRRO tomorrow and see what that brings about.

Manu
#10 May 28th, 2010, 22:46
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#10
I love the bit about the appointments system!

It looks like their attitude was one of wanting to help: I'm glad.

Sounds like you had a horrible day, but with a reasonable outcome.

Thanks for the update. I think other readers should be careful to notice that your wife is an Indian citizen, and that you are of Indian origin. I think that can make a difference to their attitude in these cases --- but nobody should rely on it!
#11 May 28th, 2010, 23:29
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#11
Thanks for the updates. Keep 'em coming..
#12 May 29th, 2010, 20:20
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#12

Oh Brave Ones

Thanks for this update...Good luck. My emp'y't visa extension was requested in Chennai on April 13.
#13 May 29th, 2010, 22:27
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#13
It's a good outcome, Manu, but my sympathies go out to you re the heat and the waiting. It reminds me of the Jaisalmer FRO, where only one creaky fan in an uncomfortable office whirs around, and when I had to wait out there for three hours one time in the heat I dozed off. However, glasses of water were brought to me periodically which did help a bit.

Doing anything like this sort of thing in the heat is just a nightmare - good luck for the rest of it. (And good you didn't take the children with you that morning, too).
#14 Jun 2nd, 2010, 17:28
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#14
I'm so happy for you Manu, congratulations!

I'm in the exact same situation, I'm a Dutch citizen of Indian
origin, got married last September ('09) in Mumbai, my wife got
pregnant and I had to leave for the Netherlands, because of the
expiring visa (I didn't know I had to go to Delhi for extensions..).
At the Indian Embassy in the Netherlands, they didn't gave me any
long term visa, because I didn't had the proper marriage certificate
they said (paid a huge amount of money at court for dates, but later
found out that they wanted to loot me, because I'm a so called NRI)
and didn't apostiled it in Delhi (little did I know). We decided then
to shift to Delhi when I returned in March, because of all the work
there is to do with the MHA, MEA and Dutch Embassy.

So they gave me a 6 months tourist visa, now, my wife will be delivering
end of July and my visa expires on September 11th (what a date.. :S) and because we never got any proper certificate in Mumbai, we had te re-marry
in Delhi, we got married in Ghaziabad, though. We did received our certificate on the spot, now it needs to be signed by the DM registrar in Ghaziabad and then registered in Lucknow (UP), after that we can legalize it
in Delhi and then I can give the baby the Dutch citizenship and I can register him at the Dutch Embassy and he can get a Dutch passport. And my wife can also apply for a Schengen-visa with the certificate.

My questions now:

- Is there any chance for me to get an extension in Delhi because I got married to an Indian here in India? We're still working on the legalization of the certificate and might take time. But I can't abondon my baby for minimum of 2 months, because there is no one to take care of my wife and baby.
- Recently, a company offered me a job with their firm, can I convert my TV to Employment? Because of the system and bureaucracy, we're not sure if we can get the visa extended in time.
- The officers in the reception at the MHA told me to get a doctors' receipt, which states I'm ill and I should stay here to get an extended visa, but my aunt, who works for the Dutch Embassy, told me not to get involved with fraud, because I'm married and our child is on it's way, because of fraud, I can be rejected for visas in the future. What are your thoughts about it?

Lot a questions and a desperate family needs your help, we've almost lost all the trust in the Indian system and to be honest, I don't want to live in a country like this, we're it's people are being treated like this. Please, help us!
#15 Jun 2nd, 2010, 20:47
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  • Quetzal is offline
#15
If you are in Delhi anyway I would just give it a try with whatever marriage certificate you have to apply for the entry-visa.
Maybe they handle the rules in the Netherlands stricter than they do in India itself!
You need all this extra stamps to get the certificate acknowledged in the Netherlands but in India it should be less difficult, just give it a try. The MHA actually waits for a police report about the marriage before giving the entry visa so this could be a reason for them to trust your certificate because they dopplecheck anyway.
Conversion of tourist visa in business visa is not possible. Also working with an entry visa is not possible.
Your situation with a pregnant wife should impress them anyway.

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