Marriage & Nationality?

Britbat

I expect Nick-H will knock this one off
in short order.

What is the position of each party when
a British man marries an Indian woman?
Is the grant of nationality reciprocated,
or is it a matter of choosing? I assume
there is a specified time period (elsewhere
I've heard, a year) for the marriage to be
accepted as bona fide.

Nick-H

So far as India and UK are concerned, marriage gives no right to nationality at all, as far as I am aware.

There is a possibility, I think, for a person who has been married to an resident Indian national for n years to apply for Indian citizenship, but nothing is automatic.

Marriage will affect what kind of visa one is entitled to.

Marriage to an Indian citizen entitles one to PIO Card, which gives visa-free entry to India, with unlimited periods of stay, and other rights too, but one remains a foreign citizen.

So far as taking one's foreign wife into UK is concerned, the situation will be much tougher: I think that it has to be proved that you are able to support the spouse and provide them with a home. Then I guess there is a ladder of possibilities, beginning with a settlement visa, then 'PR' (Permanent Residency, which is a stamp in the passport which says you can stay as long as you like, unless revoked) and the possibility of applying for citizenship. I don't know the criteria for this.

I don't know if hat is 'knocked off' but its a start.

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Just one member of the IndiaMike Mod Team

dzibead

Cross-posted with Nick! It sounds as if the system in the UK is similar to what's in place in the U.S.

I have no business trying to answer a question about British nationality, but in the U.S., marriage to a foreign national does not automatically confer U.S. citizenship on the foreigner and the same is true in India. Nick isn't an Indian citizen by virtue of having married Mrs. N. In the U.S., the non-citizen spouse, if out of the country, would still have to have a visa to enter the country, and if in the country already, would have to have a class of visa that permits the person to stay. But the spouse would be eligible to start the process for obtaining a "green card" - permanent resident status - and ultimately citizenship if he or she chose. In any event, the change of nationality is not automatic by virtue of marriage. I suspect the same is true in the UK, but I could be wrong.

And it's not clear what you mean by a time period for the marriage to be accepted as bona fide. The marriage is probably accepted as bona fide immediately, but as I understand it, there's a waiting period after the marriage before the non-Indian-citizen spouse can apply for a PIO card. I have no idea about waiting periods for issues related to obtaining British visas.

Nick-H

It was once possible to become British just by marrying a British citizen. It was much abused, and those days are long since gone.

Investigation by the British Home Office can be very thorough, and intrusive. An English colleague of mine with a Japanese wife told me about officials arriving in the night to nose around and see if the couple were actually sleeping together.

I don't know about any fixed, or policy, periods after marriage in UK.

It is Indian policy not to issue long-term (greater than one year) visas or PIO cards until after one year of marriage and, if one is resident in India, they may well send a policeman around to check out your address and situation.

Britbat

Thanks, guys.

It's "rights" I was trying to get at rather than "nationality" as such. Knocked it off, nicely, Nick.

Fshai

I have a very strange dilemma thats involves 3 countries.
I live in the States, and I am about get married to a British national. I am not a US-Citizen, Green Card Holder or work/student visa. I am just a visitor who got in the process of applying for greencard but because I turned 21 I wasnt allowed to continue the process on my parents sponsorship. So now I have an expired I-94. Meanwhile my Indian passport has expired as well. Now, assuming my passport is renewed by the Indian consulate here or Indian goverment in India, I will've to go India to apply for a settlement visa as a spouse as per British Embassy. In order for me to prove that I am married to him do I have to marry him again in an Indian Marriage Registrar's office or the marriage license/certificate I obtained here during the nikah is fine? You guys seem to know a lot. Can you please help?

nayan

Fshai.... just for my curiosity.... what is your status in the US now.....? I mean what kind of visa do you have..... as your passport validity has expired? I thought visa end date always is before the passport expiry date.

dzibead

I can pretty much guarantee that we don't know enough to sort out your particular problem, unfortunately. I suspect your marriage will be considered valid - I don't think you have to be a legal resident of the U.S. to get validly married here - but since you are looking for a British visa, you should check with a British consulate about what they'll want as far as proof of your marital status.

Fshai

Well..yea I need to have a valid Passport for photo identification and a birth certificate as well in order for getting a marriage license here in US. However, the british embassy needs me to go to India to apply for the Spouse visa because I am an indian citizen. I want to leave this country because I have no visa here to let me stay legally.Besides this situation wont help me with marrying my fiance` and have a normal life here. Thats why we have decided to move to UK. In order for me to do this though, I have a few obstacles I need to clear. Thanks for your help guys, I really appreciate it . I will contact the british embassy to consult. By the way, how long does it take generally for a Spouse settlement visa to come through?

Nick-H

I'm keeping quite. Not a clue, I'm afraid!

I'd hazard a guess that, if the US Govt considers you married, then most other (including India and UK) govts will too.

My only doubt is if you went through a religious ceremony, but have not registered the marriage. I have no idea how such things work in USA.

But then; I don't know and had better go back to keeping quiet!

<cross-posted>
How tedious. I suppose that is because of your current USA visa status.

I don't know how long it takes. visitors' visas are about 24 hours, but for settlement you will almost certainly be called for an interview, and that will take a few days, then maybe a few days for a decision.

Fshai

Well, even though I'll go through a religious ceremony I'd have to apply for a marriage license. The Qazi wont perform the Nikah without the marriage license. But I was confused about the recognization of the marriage because it'll be done in US and we both non-US citizens. Also since my passport is expired and so is my I-94, how will my passport get renewed? I mean I have to leave this country somehow right?

Nick-H

You might find this site: The UK in India useful.

Crossposted again...

Your Indian embassy is the only place for help on this. You are an Indian citizen; they are there for you. They will probably be able to issue a new passport; the do for overseas Indians in London. If not, they must give you a document acceptable to the airlines and to Indian immigration to get you back to your mother country.

Nick-H

Dzibead... we know now she has a USA marriage licence. Would you not expect this to be accepted worldwide?

(I ask because Dzibead because she is American!)

Fshai

Yes Nick, you are right. It is certainly because of my status in US. It is also because of the process time that US takes for green card applications. There is a good portion of time where immigrants are stuck in a limbo like me. To top it I had an incompetent lawyer who informed us of the problem with me turning 21 after I had already turned 21.
Thanks for the link, i'll let you know if it helped.

Fshai

i tried the link doesnt really say much about the validity of a marriage license/certificate brought from a different country. But I'll call the embassy to ask them. I suspect that i'd probably need to get it authenticated by the US embassy there. However, my question still remains that if we both are non-US citizens then a marriage license obtained from US will be valid to British high commission? Does it matter to them if I have an expired I-94 on the older expired passport although I am in India applying as a Indian?
I went on the Indian consulate Houston's website. They are quite specific in their requirements as well. They are asking for some form of a legal visa along with other documents in the list of requirements for reissuing a passport.