Can a person not of Indian origin get a PIO card?

curryleaf

I am an Indian citizen and my husband is an American who is not of Indian origin. Can he get a PIO card based on his marriage to me? This seems very counter-intuitive to me, but it looks like the rules certainly allow it. The eligibility criteria are supposed to be (a) holding an Indian passport in the past OR (b) having parents, grandparents or great-grandparents born in and permanent residents of India OR (c) being the spouse of an Indian citizen or of a person eligible for the PIO card on the basis of (a) or (b). It certainly seems as if my husband should qualify under (c). Anyone have any difficulties in similar situations?

Also, would a non-citizen need such a card to take up an unpaid internship in India? Or will a tourist or other temporary visa suffice?

I'm grateful for any advice you can give. Many thanks!

Nick-H

Yes. Several of us here are PIO card holders based on our marriage to Indian spouses.

A PIO card holder is permitted to work in India.

I'm afraid I do not know if unpaid work can be undertaken on a tourist visa ...but I think a lot of charity volunteer work is.

Merchant

Nick can speak about PIO cards.

Unpaid internships usually don't have anything to do with labor or immigration laws. Ask the company offering the internship if they'll give it to someone on a tourist visa. It's up to them. We can only speculate.

curryleaf

Thanks so much! That's exactly what I wanted to hear.

One other thing: I just realized reading these forums that one needs to have been married for over a year to apply for the PIO card on the basis of marriage. I haven't encountered this restriction anywhere else -- on the websites of the Indian consulates or on the application form itself. My husband and I have been married only 8 months. Is this going to be a problem? (I expect that we'll apply at the consulate in San Francisco in the next month or two -- so still under 12 months of marriage.)

Thanks again!

Merchant

Indians are nothing if not sticklers for the letter of the law.

Nick-H

They are nothing if not sticklers for making it up as they go along...

But seriously, there is the law and there is policy.

I do not think there is any law which specifies 12 months, and some PIO card applicants have reported that this restriction has not been applied to them.

However, I think most of the ones I've heard of, including myself, have been subject to this restriction.

So, yes... it could be a problem.

Suggest you check out your local Indian Embassy/High Commission/Consulate/or-whater and ask!

akt

It is counter intuitive (going by name) but true. This is just a long term visa with a whimsical name.

GOI has come up with quite a few such visa schemes, each with a different name and price tag! You should conisder various options carefully. For many people, the plain jane multi-year visa remains the best option.

Nick-H

Do you think?

Ahh... you're in USA, where they do the ten-year visa! That might make a difference. For most of the rest of us, it's go stand in that queue, pay the fee, etc every time we go to India, and the max stay of 180 days.
a
The issue of X visa seems to have become very restricted and hit and miss. It is probably not available to the spouse of a non-resident Indian. It does not allow working or being a student.

At least the criteria for PIO are explicit. The X visa has suffered from moving goalposts recently and people who have been used to getting one (eg because they legitimately own property in India) are being refused.

Whether PIO in itself confers the right to buy 'immovable property' in India I'm not sure. The definition of PIO is different under FEMA to that for PIO-card eligibility. But it certainly gives the possibility of fulfilling the 182-day rule.

Its 15-year validity gives a certain sense of security --- though it should not be forgotten that it is not an explicit permission to permanently settle in India, and that a foreigner's stay in any country is subject to the whims of its government.

Because OCI is an even better deal, few persons of actual Indian origin are applying for PIO these days. My ***theory*** is that PIO will, eventually, be phased out in favour of OCI and I therefore feel get it while it's going! OCI is not available to spouses

akt

Your point is well taken (although I wasn't aware of such extreme discrepency), and it is certainly true that my perspective is colored by Indians and their spouses I meet in the USA, but I was replying to curryleaf who does live in California.

The PIO card may yet make most sense for her husband. I am only suggesting they consider all options.

dzibead

But even the 10-year multiple-entry visa allows a maximum stay of only 180 days per visit, so it might not work if the internship lasts longer than six months. I think the PIO option is worth looking into.

Nick-H

Yes, indeed. The high initial cost puts a lot of people off PIO, especially if they are travelling on a low budget. Even some long-termers on low budgets have said it was too expensive for them.

It is certainly not appropriate to get it just because you're entitled to it --- except perhaps as a hassle-reducing luxury item. Mind you, I'd be the last person to say there's anything wrong in having a luxury item, and I don't think there is any downside to having one .

One can do a simple sum to check if the number of visits one is likely to make in 15 years makes it financially worth while --- and I think it will not be unless they are going to be pretty frequent.

saracapela

Been looking around in all the forums and got a bit confused with the PIO card discussions. Read some people's posts saying something in the lines of "I'm getting my emplyment visa/business visa and then can't wait to apply for PIO". Am I imagining things, or can you get a PIO if you stay in India "long enough" on some kind of visa other than tourist? I want to stay in India for a very long time and am trying to see what my options are.tks

Nick-H

If you are not already of indian origin then the only way that staying long enough in India will qualify you for a PIO card is if you marry an Indian Citizen!

Your options to stay here longer than a 180-day tourist visa allows are to come here as a long-term employee are very limited, as you'll see from the list of visa types available on your local Indian embassy website.

Unfortunately for many, because I want to is not one of those options.

If you tell us a little more about your reasons and intentions, someone may have some suggestions.

sirensongs

The much-vaunted 10 year visa is only for US residents who fall within jurisdiction of the San Francisco consulate. It was given to West Coast Americans in reciprocation for the US's special H1B visa arrangement which was largely meant for Silicon Valley.

Don't think those of us living elsewhere in the US can get it. As a resident of the southeast,I was told I had to report to the New Orleans consulate -and they do not give the 10 year visa. I would love to hear experiences of non-west coast US residents with this.

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the irish indian

Hi Everyone,

A PIO Card is for people of indian origin but provides a lot of scope as it covers up to 4 generations back, and spouses of indians also.

Do you not qualify for OCI as you hold a PIO Card Nick ?

Also a PIO entitles you to legally purchase immoveable property and open bank accounts in your own name as of course does OCI. These things are not legal on a tourist visa as people in Goa are now finding out.

I met a Punjabi family in Goa (but they lived in London) who were livid that for every time they wanted to come to their home country they had to get a tourist visa. I explained to them about PIO and OCI and to my shock they didnt know these existed.

Listen if you visit India frequently and your entitled to a PIO Card or OCI then for heavens sake GET ONE! Dont waste time with a tourist visa. (rant over)

I say im cool
Regards
Remy

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