can one marry a person with residency permit

georgina · Apr 10th, 2007, 12:21

hi to all. i would like to inquire on this matter. i am from the philippines. this is my second visit to india.. i was granted a 90day tourist visa, its my second time here. my fiance is a european citizen with a residency permit. he has been working here for 2 and a half year already. we are planning to get married this year, but we are still waiting for out legal papers to be settled which will be very soon by next month, May.

but unfortunately, my visa will expire on the 24th of this month. i was hoping i can have it extended for another 90 days..

can a tourist marry another tourist with a residency permit, and get a temporary permit to stay?

do they grant an extension with my case? and since i only got 90days, and they regularly give 180 days for tourist visa.

thanks
G

icetea · Apr 10th, 2007, 12:33

First of all your fiance is probably not a tourist, he is on a work visa, right? Not a tourist visa. You can't get a residency permit on a tourist visa.

I don't know if two foreigners can get legally married in India, even if one is a resident here, but I am inclined to say that it's not possible (but don't take my word for it).

About your visa extension: no you cannot get your tourist visa extended. You will have to go back to your country or to one of India's neighbouring countries and get a new visa. You probably got only 90 days because that's the rule for your country and that cannot be changed, it just depends on your country of origin, you cannot do anything about it. (You can't get 180 days just because tourists from other countries get it)

Even if you do get married, assumming it is possible, you will not get any temporary permit to stay longer than your visa. There are cases in which one can extend a tourist visa based on marriage, but that too is only for a limited time, until one can make arrangements to go back to one's country and geta new visa. Also, I really think this only applies to tourists who get married to Indian citizens.

icetea · Apr 10th, 2007, 12:37

sorry, maybe I missunderstood? were you planning on getting married in India (although I don't see how that is possible) or somewhere else?

georgina · Apr 10th, 2007, 12:39

we are planning to get married here in India since he will still be working here until next year.

Thanks for replying so fast, i appreciate it a lot.

icetea · Apr 10th, 2007, 12:47

Georgina but have you enquired anywhere if this is possible? As far as I know, to get legally married under Indian law, at least of the parties has to be a citizen of India! I am talking about legally registered marriages, not the religious ceremony itself.

Is it an option for you to get married at the embassy of one of your countries? Is that maybe possible? I don't see how you can get married under the Indian Law, if that is what you suggest.

georgina · Apr 10th, 2007, 13:01

actually, we are planning to get married on the portuguese consulate in delhi. but still, we havent gone there to get the application since we are still waiting for our divorce papers, both of us.

thanks

icetea · Apr 10th, 2007, 13:09

oh ok, that is an entirely different story!

Getting back to your visa question, it's still as I said: it is not possible to "extend" a tourist visa, even if your husband is a resident in India (that doesn't make any difference). Extensions can be made only in emergency cases, but only for a very short time, to enable your to make departure arrangements. So that is not an option in this case.

If you don't want to go back home for your visa, you can try at the Indian embassy in Nepal or Sri Lanka. But please search this forum for discussions about getting new visas in these countries, as there can be problems at times.

dzibead · Apr 10th, 2007, 14:09

I haven't taken the time to research this on the embassy website, but I believe spouses of persons with employment visas are eligible for some sort of entry visa (not a tourist visa) with a duration that's co-extensive with the term of the spouse's employment visa.

Nick-H · Apr 10th, 2007, 14:43

Correct, dzibead. When I last looked that information was on the Bureau of Immigration website.

There are circumstances in which a tourist visa can be converted to an Entry visa. Marriage to an Indian citizen is one of them. I don't know about marriage to a non-indian resident.

Having said that, as one so entitled, I had so much hassle and problem with my application that I gave up and got an X visa in London --- I was headed that way anyway, and dealing with the people here was just impossible. It was an over-the-counter 10 minutes in London.

I suggest a visit to your nearest Immigration/FRRO office. Make an appointment to see the Director, lay your situation before him and ask.

If he says, yes, you can do... ask him to write a note for you. He may say yes, but leave you finding yourself back at square one when you go back to the front desk.

Despite my own comments about these people, and the properly pessimistic replies, I'd still say that there is no harm in asking!

georgina · Apr 10th, 2007, 14:50

thanks nick h, dzibead, icetea

i will try all resources mentioned. thanks for helping out.
all the best!!!

g

georgina · Apr 11th, 2007, 10:49

hi again
would i need a visa to get to srilanka? and if not, then would the indian embassy there require me to show return ticket to philippines.. like what date should i have to adjust my plane ticket, another 3 months or less?
sorry for my unending questions..
all the best

icetea · Apr 11th, 2007, 11:58

georgina, you don't need a visa for sri lanka (see http://www.immigration.gov.lk/html/visa/fees.html). I have also passed through Colombo airport and was given a 30 days visa on arrival.

Since you'll be asking for a tourist visa..yes, I think they will ask to see a return ticket. I suppose you already have the return ticket, so maybe you need to adjust the date. But if you go to sri lanka before the present return date on your ticket maybe you can leave it like this for now and change the date only after you're sure you've got your visa (just in case you don't get the visa and need to return home before your present visa expires).

You got a 90 days visa the first time so I guess that's the maximum they will give you, so adjust your return date accordingly.

thelastcupcake · Feb 25th, 2009, 02:39

Hello,
I wrote a while back and was just back and got very nice and helpful answers. I came back on to look at the responses again and I'm unable to find them. I was just wanting to know if I want to live in india with my Husband who is Indian, would it be better to apply for a PIO card while im there or should i apply for it in UK.

My husband is Indian. I am British but my parents are from Pakistan but have British passports, and my father has been living and working in UK for past 40 years.My questions are Would my parents Pakistani origin be a problem if i want to live with my Indian Husband?

Should i apply in India for PIO card? If i apply in India mabey my holiday visa would expire?

Is a PIO card the only way to stay in India with my Husband?

Many thanks.
Cupcake

Nick-H · Feb 25th, 2009, 03:00

First, finding that stuff from the past.

If you click on your own name, you get a drop down menu. One of the options is Find more posts by... That will give you a listing of your own posts, and you'll be able to go from there to the posts and find threads where your lost answers are.

It works for all members, so if you are interested in a particular person's writing, you can find it.

Also, if you go to a members profile by selecting View Public Profile, or by clicking on their avatar picture, you'll find the same option, with the aditional option of finding threads started by that member. Includes your own profile, of course!

Now, on PIO cards: You can only apply in India if you are here on a long-term, one-year-plus visa, otherwise you must apply in your 'home' country.

Your Pakistani origin may be a problem --- I do not know. If it is, then no, PIO is not the only way, although it is the least-hassle way. You can apply for "Entry" visa, sometimes called "X" visa, of one to five years.

thelastcupcake · Feb 25th, 2009, 06:43

Thanks Nick. I found the previous posts and some of the answers concluded that i can apply for a PIO card as although my parents were Pakistani citzens many years ago, I would be applying as my spouse is Indian and not through ancestors, and I have the right to in this case. Well I Can only try. Thanks for the advice. This stuff is oh so confusing. lol

Apr 10th, 2007, 12:21	#1
georgina Member Join Date: Dec 2006 Location: Philippines Posts: 6	can one marry a person with residency permit hi to all. i would like to inquire on this matter. i am from the philippines. this is my second visit to india.. i was granted a 90day tourist visa, its my second time here. my fiance is a european citizen with a residency permit. he has been working here for 2 and a half year already. we are planning to get married this year, but we are still waiting for out legal papers to be settled which will be very soon by next month, May. but unfortunately, my visa will expire on the 24th of this month. i was hoping i can have it extended for another 90 days.. can a tourist marry another tourist with a residency permit, and get a temporary permit to stay? do they grant an extension with my case? and since i only got 90days, and they regularly give 180 days for tourist visa. thanks G

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Apr 10th, 2007, 12:33	#2
icetea 'sort of hate India' club member Join Date: Aug 2004 Location: Chennai, via Romania Posts: 917	First of all your fiance is probably not a tourist, he is on a work visa, right? Not a tourist visa. You can't get a residency permit on a tourist visa. I don't know if two foreigners can get legally married in India, even if one is a resident here, but I am inclined to say that it's not possible (but don't take my word for it). About your visa extension: no you cannot get your tourist visa extended. You will have to go back to your country or to one of India's neighbouring countries and get a new visa. You probably got only 90 days because that's the rule for your country and that cannot be changed, it just depends on your country of origin, you cannot do anything about it. (You can't get 180 days just because tourists from other countries get it) Even if you do get married, assumming it is possible, you will not get any temporary permit to stay longer than your visa. There are cases in which one can extend a tourist visa based on marriage, but that too is only for a limited time, until one can make arrangements to go back to one's country and geta new visa. Also, I really think this only applies to tourists who get married to Indian citizens.

Apr 10th, 2007, 12:37	#3
icetea 'sort of hate India' club member Join Date: Aug 2004 Location: Chennai, via Romania Posts: 917	sorry, maybe I missunderstood? were you planning on getting married in India (although I don't see how that is possible) or somewhere else?

Apr 10th, 2007, 12:39	#4
georgina Member Join Date: Dec 2006 Location: Philippines Posts: 6	we are planning to get married here in India since he will still be working here until next year. Thanks for replying so fast, i appreciate it a lot.

Apr 10th, 2007, 12:47	#5
icetea 'sort of hate India' club member Join Date: Aug 2004 Location: Chennai, via Romania Posts: 917	Georgina but have you enquired anywhere if this is possible? As far as I know, to get legally married under Indian law, at least of the parties has to be a citizen of India! I am talking about legally registered marriages, not the religious ceremony itself. Is it an option for you to get married at the embassy of one of your countries? Is that maybe possible? I don't see how you can get married under the Indian Law, if that is what you suggest.

Apr 10th, 2007, 13:01	#6
georgina Member Join Date: Dec 2006 Location: Philippines Posts: 6	actually, we are planning to get married on the portuguese consulate in delhi. but still, we havent gone there to get the application since we are still waiting for our divorce papers, both of us. thanks

Apr 10th, 2007, 13:09	#7
icetea 'sort of hate India' club member Join Date: Aug 2004 Location: Chennai, via Romania Posts: 917	oh ok, that is an entirely different story! Getting back to your visa question, it's still as I said: it is not possible to "extend" a tourist visa, even if your husband is a resident in India (that doesn't make any difference). Extensions can be made only in emergency cases, but only for a very short time, to enable your to make departure arrangements. So that is not an option in this case. If you don't want to go back home for your visa, you can try at the Indian embassy in Nepal or Sri Lanka. But please search this forum for discussions about getting new visas in these countries, as there can be problems at times.

Apr 10th, 2007, 14:09	#8
dzibead res ipsa loquitur Join Date: Sep 2004 Location: Northern California Posts: 2,885	I haven't taken the time to research this on the embassy website, but I believe spouses of persons with employment visas are eligible for some sort of entry visa (not a tourist visa) with a duration that's co-extensive with the term of the spouse's employment visa.

Apr 10th, 2007, 14:43	#9
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,225	Correct, dzibead. When I last looked that information was on the Bureau of Immigration website. There are circumstances in which a tourist visa can be converted to an Entry visa. Marriage to an Indian citizen is one of them. I don't know about marriage to a non-indian resident. Having said that, as one so entitled, I had so much hassle and problem with my application that I gave up and got an X visa in London --- I was headed that way anyway, and dealing with the people here was just impossible. It was an over-the-counter 10 minutes in London. I suggest a visit to your nearest Immigration/FRRO office. Make an appointment to see the Director, lay your situation before him and ask. If he says, yes, you can do... ask him to write a note for you. He may say yes, but leave you finding yourself back at square one when you go back to the front desk. Despite my own comments about these people, and the properly pessimistic replies, I'd still say that there is no harm in asking!

Apr 10th, 2007, 14:50	#10
georgina Member Join Date: Dec 2006 Location: Philippines Posts: 6	thanks nick h, dzibead, icetea i will try all resources mentioned. thanks for helping out. all the best!!! g

Apr 11th, 2007, 10:49	#11
georgina Member Join Date: Dec 2006 Location: Philippines Posts: 6	hi again would i need a visa to get to srilanka? and if not, then would the indian embassy there require me to show return ticket to philippines.. like what date should i have to adjust my plane ticket, another 3 months or less? sorry for my unending questions.. all the best

Apr 11th, 2007, 11:58	#12
icetea 'sort of hate India' club member Join Date: Aug 2004 Location: Chennai, via Romania Posts: 917	georgina, you don't need a visa for sri lanka (see http://www.immigration.gov.lk/html/visa/fees.html). I have also passed through Colombo airport and was given a 30 days visa on arrival. Since you'll be asking for a tourist visa..yes, I think they will ask to see a return ticket. I suppose you already have the return ticket, so maybe you need to adjust the date. But if you go to sri lanka before the present return date on your ticket maybe you can leave it like this for now and change the date only after you're sure you've got your visa (just in case you don't get the visa and need to return home before your present visa expires). You got a 90 days visa the first time so I guess that's the maximum they will give you, so adjust your return date accordingly.

Feb 25th, 2009, 02:39	#13
thelastcupcake Member Join Date: Aug 2008 Location: United Kingdom Posts: 20	Hello, I wrote a while back and was just back and got very nice and helpful answers. I came back on to look at the responses again and I'm unable to find them. I was just wanting to know if I want to live in india with my Husband who is Indian, would it be better to apply for a PIO card while im there or should i apply for it in UK. My husband is Indian. I am British but my parents are from Pakistan but have British passports, and my father has been living and working in UK for past 40 years.My questions are Would my parents Pakistani origin be a problem if i want to live with my Indian Husband? Should i apply in India for PIO card? If i apply in India mabey my holiday visa would expire? Is a PIO card the only way to stay in India with my Husband? Many thanks. Cupcake

Feb 25th, 2009, 03:00	#14
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,225	First, finding that stuff from the past. If you click on your own name, you get a drop down menu. One of the options is Find more posts by... That will give you a listing of your own posts, and you'll be able to go from there to the posts and find threads where your lost answers are. It works for all members, so if you are interested in a particular person's writing, you can find it. Also, if you go to a members profile by selecting View Public Profile, or by clicking on their avatar picture, you'll find the same option, with the aditional option of finding threads started by that member. Includes your own profile, of course! Now, on PIO cards: You can only apply in India if you are here on a long-term, one-year-plus visa, otherwise you must apply in your 'home' country. Your Pakistani origin may be a problem --- I do not know. If it is, then no, PIO is not the only way, although it is the least-hassle way. You can apply for "Entry" visa, sometimes called "X" visa, of one to five years.

Feb 25th, 2009, 06:43	#15
thelastcupcake Member Join Date: Aug 2008 Location: United Kingdom Posts: 20	Thanks Nick. I found the previous posts and some of the answers concluded that i can apply for a PIO card as although my parents were Pakistani citzens many years ago, I would be applying as my spouse is Indian and not through ancestors, and I have the right to in this case. Well I Can only try. Thanks for the advice. This stuff is oh so confusing. lol