PIO card - divorce

el.alquimista · Feb 29th, 2008, 20:33

Hello there,

My wife and I are planning to apply for a PIO card (she is entitled; I am applying as her spouse).

I understand that the validity of the card is 15 years.

My question: How would a divorce affect my PIO status? Secondly (provided I wouldn't immediately lose my PIO status in case of a divorce), would I later be able to renew my PIO card, even if we are no longer married?

I am asking, since I would like to know what would happen to property that I might buy while holding PIO status. I am thinking that a divorce might make it difficult for me to maintain/exercise ownership of such property.

I would be grateful for any information on the matter.

Thank you all

el.alquimista

AwayFromHome · Feb 29th, 2008, 20:49

Sorry - I don't have specific answers though someone is bound to show up with useful information.
Does your wife know you intend to divorce her?

el.alquimista · Feb 29th, 2008, 20:57

I have no intention of divorcing her. Your presumption is slightly sexist in that it implies that it is always the men who divorce their wives and not vice versa ;-)

Anyhow - I simply want to find out about the legal background.

Nick-H · Feb 29th, 2008, 21:10

I have never seen any reference to divorce or death of the spouse.

Simplest view is that the divorced/divorcee would simply no longer be entitled.

The_Londoner · Mar 1st, 2008, 01:12

I thought having earned rights of dual citizenship or PIO card, that right can not be taken away just because your circumstances changes.

Nick-H · Mar 1st, 2008, 01:38

But it is based on circumstances.

If those circumstances are that you are the spouse of an Indian citizen ...but you are not any longer, then I'd have thought you weren't entitled any longer.

How the authorities might handle this might depend on how long you had been living in the country, married, etc etc...

All conjecture, of course.

AwayFromHome · Mar 1st, 2008, 01:42

Quote:

Originally Posted by el.alquimista

I have no intention of divorcing her. Your presumption is slightly sexist in that it implies that it is always the men who divorce their wives and not vice versa ;-)

We Indians are like this only

squidward · Mar 1st, 2008, 12:53

Unfortunately, in the event of divorce you are required to surrender your PIO card. Not sure how this works logistically (you would then be in India without a visa), but it is in the rules. Perhaps you could immediately marry another Indian.

dzibead · Mar 1st, 2008, 13:10

Even in the event of separation, the non-citizen spouse is supposed to surrender the PIO card, according to one Indian High Commission website I looked at!

el.alquimista · Mar 1st, 2008, 18:18

Many thanks to all

Any idea what would happen to property that I acquired while having PIO status? Can foreigners own property? Would I be forced to sell it?

el.alquimista

Indiangirl · Mar 3rd, 2008, 19:50

Hi
Iam PIO by marriage to my husband who was born in india but is a British citizen and has lived in the UK all of his life from age 2yrs.We live in india and own property here. I have looked at this subject previously and discussed at the IHC and should my husband die I will be able to keep my PIO card only until it expires.I realise this doesn't answer the question re divorce but thought it might be helpful. This is also stated on the IHC website under PIO cards Naturally i feel this to be unfair however it is fact.

Nick-H · Mar 3rd, 2008, 20:04

Indiangirl, welcome to the site and thank you for that contribution.

We ask people to post in 'normal' style, to maintain the appearance of the site, and keep blue type for, errr, interruptions from the moderating team. No reason you should have known that.

Although I have no wish to give up my British citizenship (India does not allow dual citizenship) I guess those who have more-or-less sunk our futures in this country might have to consider applying for Indian citizenship which can be available to

Quote:

persons who are or have been married to a citizen of India and who are ordinarily resident in India for five years;

... MHA Citizenship page link

Indiangirl · Mar 3rd, 2008, 23:42

ooops Sorry about the blue!!!

A very useful link thanks, it made for interesting & informative reading.I was unaware of that option.

Nick-H · Mar 3rd, 2008, 23:58

I really don't know how much of an option it is in practice. "By Registration" makes it sound routine, but is it? Is any Indian bureaucracy routine for the applicant?

Here's another MHA link for you --- though you probably know all the visa, PIO, OIC stuff anyway. One for the collection!

edwardseco · Mar 4th, 2008, 00:19

Quote:

Your presumption is slightly sexist in that it implies that it is always the men who divorce their wives and not vice versa

Sad world in which there is no room for humor and jest, kaliyug..

Feb 29th, 2008, 20:33	#1
el.alquimista Member Join Date: Feb 2008 Location: Germany Posts: 3	PIO card - divorce Hello there, My wife and I are planning to apply for a PIO card (she is entitled; I am applying as her spouse). I understand that the validity of the card is 15 years. My question: How would a divorce affect my PIO status? Secondly (provided I wouldn't immediately lose my PIO status in case of a divorce), would I later be able to renew my PIO card, even if we are no longer married? I am asking, since I would like to know what would happen to property that I might buy while holding PIO status. I am thinking that a divorce might make it difficult for me to maintain/exercise ownership of such property. I would be grateful for any information on the matter. Thank you all el.alquimista

Feb 29th, 2008, 21:10	#4
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,648	I have never seen any reference to divorce or death of the spouse. Simplest view is that the divorced/divorcee would simply no longer be entitled. __________________ . Just one member of the IndiaMike Mod Team

Mar 3rd, 2008, 19:50	#11
Indiangirl Member Join Date: Mar 2008 Location: Goa Posts: 4	PIO and Death of partner Hi Iam PIO by marriage to my husband who was born in india but is a British citizen and has lived in the UK all of his life from age 2yrs.We live in india and own property here. I have looked at this subject previously and discussed at the IHC and should my husband die I will be able to keep my PIO card only until it expires.I realise this doesn't answer the question re divorce but thought it might be helpful. This is also stated on the IHC website under PIO cards Naturally i feel this to be unfair however it is fact.

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Feb 29th, 2008, 20:49	#2
AwayFromHome Senior Member Join Date: Nov 2007 Location: Austin, USA Posts: 171	Sorry - I don't have specific answers though someone is bound to show up with useful information. Does your wife know you intend to divorce her?

Feb 29th, 2008, 20:57	#3
el.alquimista Member Join Date: Feb 2008 Location: Germany Posts: 3	I have no intention of divorcing her. Your presumption is slightly sexist in that it implies that it is always the men who divorce their wives and not vice versa ;-) Anyhow - I simply want to find out about the legal background.

Mar 1st, 2008, 01:12	#5
The_Londoner Senior Member Join Date: Dec 2007 Location: London, UK Posts: 276	I thought having earned rights of dual citizenship or PIO card, that right can not be taken away just because your circumstances changes.

Mar 1st, 2008, 01:38	#6
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,648	But it is based on circumstances. If those circumstances are that you are the spouse of an Indian citizen ...but you are not any longer, then I'd have thought you weren't entitled any longer. How the authorities might handle this might depend on how long you had been living in the country, married, etc etc... All conjecture, of course.

Mar 1st, 2008, 12:53	#8
squidward Member Join Date: Nov 2006 Location: Seattle, USA Posts: 22	Unfortunately, in the event of divorce you are required to surrender your PIO card. Not sure how this works logistically (you would then be in India without a visa), but it is in the rules. Perhaps you could immediately marry another Indian.

Mar 1st, 2008, 13:10	#9
dzibead Maha Guru Member Join Date: Sep 2004 Location: Northern California Posts: 1,915	Even in the event of separation, the non-citizen spouse is supposed to surrender the PIO card, according to one Indian High Commission website I looked at!

Mar 1st, 2008, 18:18	#10
el.alquimista Member Join Date: Feb 2008 Location: Germany Posts: 3	Many thanks to all Any idea what would happen to property that I acquired while having PIO status? Can foreigners own property? Would I be forced to sell it? el.alquimista

Mar 3rd, 2008, 23:42	#13
Indiangirl Member Join Date: Mar 2008 Location: Goa Posts: 4	ooops Sorry about the blue!!! A very useful link thanks, it made for interesting & informative reading.I was unaware of that option.

Mar 3rd, 2008, 23:58	#14
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 24,648	I really don't know how much of an option it is in practice. "By Registration" makes it sound routine, but is it? Is any Indian bureaucracy routine for the applicant? Here's another MHA link for you --- though you probably know all the visa, PIO, OIC stuff anyway. One for the collection!

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