Pls Help - British Pakistani married to Indian National

navbulls

Hello! Members hope you can help and guide me through this..

I am a British citizen of Pakistani origin (parents), married to an Indian national.

I have been to India twice before marriage n was granted 3 months single entry tourist visa on both occasions.

I would like to move to India to live with my husband and emailed VFS about this. This is the response I got:-

Dear Applicant,

We regret for inconvenience caused

Pakistani Origins can only be granted a 3 months single entry visa and therefore they cannot apply for a 5 year visa. As this is a sensitive area, please inform the applicant that they may only be granted a 3 month single entry visa as per the requirements set out by the India High Commission.

Further I spoke to CGI Birmingham, PIO Dept and was told I wouldn't be eligible for applying for the PIO card because of my origins. Even the lady I spoke to was very confused, she asked me to get in touch with visa section who never answer their Ph.

Could someone please guide me what other visa options I have.

“I hope as a spouse of an Indian National, We have right to family life and would not be discriminated just on the basis of my parent’s origins...”

Haylo

As someone of Pakistani origins, it is unlikely that this will be possible; as far as I'm aware the only Indian visa you can get is a three month single entry, and even then only if you list a detailed itinerary of locations.

Perhaps there are other IndiaMike members who are aware of some alternative provisions for British citizens to live with their Indian spouse in India, other than getting an Entry visa - but if such a provision exists, I somehow expect that we'd have heard of it before.

That is information that many others have reported, and it is what the official websites quote, so I am sure it is correct.

The way I read the regulations, there are several countries of which people of that heritage cannot have PIO status, Pakistan is one of them.

There are others who read it as you cannot have PIO status through your own family background if you have a partial Pakistani heritage, but that you can ignore that provision and apply as a wife of an Indian. They may be right, and I have not done the research necessary to decide finally in my own mind.

Perhaps you could do your own research with the Indian MHA?

The right to family life is a basic human right, but there is no right to have that family life in a country of which you are not a citizen.

You have already been discriminated against in being given only three month single entry tourist visas, and unfortunately unless Indian / Pakistani relations improve considerably you will continue to be discriminated against.

__________________
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navbulls

Thanks for the reply, What I understand is that we as married couple have right to family live in either of the countries i.e. India & UK

I hope members would help me with what visa options I have ...

Haylo

No, you don't have that right to live in India. Certainly not everyone who marries a Brit has the right to live in England, they have to prove their partner can support them.

However, after carefully checking out some web resources, it does look as if you CAN apply for PIO in the UK. The Bureau of Immigration site does seem to suggest that although you cannot apply under Para 1 or 2, you can apply under Para 3.

I suggest you make an appointment with the HCI in London and take a printout of that page with you.

Nick-H

Does one have to "make an appointment"? And do they ever answer the phone anyway?

When I last looked, one could just go along, in the morning, and get a ticket to enquire about PIO. But, it was 2006 when I last looked, and a lot has changed since then, including outsourcing the entire visa section.

As to international rights... who would enforce them? So far as those that are applicable to Europe are concerned, one can, at least in theory, given the time and resources, go to a European court, who may rule against any particular member state. I do not believe that India belongs to any such federation of countries that could, in any way, effectively rule that any of its laws or administration are not in accordance with "human rights". The rights you get in India are those granted by the Indian constitution, laws and government, and that's it.

Haylo

Perhaps not, it may say on their website, I haven't checked and I'm off to work now.

If navbulls is persistent and keeps ringing until they answer their phone, maybe navbulls could ask them. It might take a while though...

Nick-H

and, if [s]he is in or near London, it might be quicker to visit?

I wonder if they still have the rule of getting there before mid-day?

navbulls

Hi!
My husband has been to MHA New Delhi today, He has been advised there is no restriction on the basis of origins for a spouse of Indian National to enter India... They said "We have given clear directions to all our overseas post in this respect"... Further was told VFS is just confusing with tourist visa, I should apply for Entry(x) Visa as a dependent/spouse of Indian National.

Hope the info will help other members of the forum…

Nick-H

That's great news!

I think the information will be of help to quite a few people.

rauf1

Navbull- canyou please let meknow ifyour husband gotanything in written fromMHA Delhi?
VFS UK only told me that my wife will get a single entry visa

Haylo

You don't say which visa she applied for, but I assume it was a tourist visa, which is why she can only have three months single entry.