registration of non-indian spouse

infoblues · Jan 15th, 2006, 13:41

Hi,

I guess its always good to be sure before you approach the indian legal and govt people. And am posting to be sure on one such issue.

My wife is a US citizen. She arrived in India almost 100 days ago on 1 year Tourist Visa (not married at that time). Her visa is of the kinds with the stamp "No registration required if continuous stay does not exceed 180 days".

We got married approx. 40 days ago and would like to stay in India till her Visa expires which would be due in Sep 2006.

Now can she register with the SP here in Bangalore and continue her stay without the 180 day stay hurdle coming in? My take is that yes. Also am I right in interpreting that the requirement to get registered within 14 days of arrival is only for Non-tourist visas and she can still get registered without complications?

Also what are the options available after Sep 2006 if we want to continue living in India? From what I gather from the threads here is
1) Renewal of Visa after visiting home country
2) Renewal of Visa in some neighbouring country, though this can be dicey
3) Extension of Visa from FRO on marriage grounds for small period like 1 month

Please suggest.

Regards
infoblues

Nick-H · Jan 16th, 2006, 12:03

You should be able to get the visa converted (without leaving India) to an Entry Visa, with a validity of one to five years at the discretion of the authorities, on the basis of marriage.

That's what I (married to an Indian citizen and planning on settling here permanently) am trying to do at the moment, with the intention of later going for a PIO card.

infoblues · Jan 17th, 2006, 11:56

hi Nick.. thanks for your reply.. i would indeed be interested in knowing more about the entry visa? who do i have to goto? the FRO? you said you are trying to do that.. is it a long or ambiguous process? does this have a standard form / format for application or a special kinda case? what would be the costs involved? any URLs i can look this up on? any help on this would be so welcome.. i know you are one of the most active gentlemen on this forum.. would you agree to what i wrote in my previous post about the registration part?

Nick-H · Jan 17th, 2006, 12:18

You need to take a look at this site here , and have a good browse through the other threads in this section of IndiaMike. Also check the website for your own country's Indian Embassy/High Commision.

anamon · Feb 2nd, 2006, 15:32

Pls do go to FFRRO and register. If you're late with your registration don't worry is just a fine to be paid so better do it. I almost lost my flight back home as I didnt bother to take along my residence permit so I think you should play safe here ...the guy at the airport was nice enough to close his eyes since there were 20 min till take off and little i could do but you can never tell! She can extend her visa but they will not give more than 3 months and will cost arnd 50 dollars (need to check as depends on nationality as well) so if you plan to stay for more than that safe is go back home and extend it for the period you require.

Nick-H · Feb 2nd, 2006, 16:27

Registration I don't really know about, nor do I need to until after I leave India in April and then return a few weeks later for what will be a period of more than six months. But If I'm told I have to do when I get my resident permit, which will be sooner, then I will.

I think it is all covered in the link I gava above

anamon · Feb 2nd, 2006, 16:34

When you register with the FRRO you get your resident permit! Also if you stay more than 180 you need to get it done but if you have already stayed more than that you will pay a fine for it. All in all they ask for this permit when you exit the country so better carry it along and more importantly get it done!

Nick-H · Feb 2nd, 2006, 16:57

OK, yes, then I'll be registering when I get the permit, otherwise known as getting the permit when I register. Doh!

A friend at London HCI advised me a while back that registering early is better than leaving it towards the end of the six months and will result in less hassle.

It's not an issue for me timewise, I'm leaving the country before my six months is up anyway --- but it looks like it is getting close for Mrs InfoBlues.

Nick-H · Apr 24th, 2006, 13:57

Update

Getting the visa conversion in India (from Tourist to Entry) did not happen for me. This was mostly because of a visa agent who pissed about for months then just abandoned my case, but it is, apparently, difficult to get such a conversion anyway.

Getting a new Entry visa (for one year) in London was just a case of taking my wife's passport and our wedding cert to the counter and applying. If I'd kown that 4 months ago it would have been worth the return airfair just to do it!

Getting my resident's permit back in Chennai was another pain. The guy at the front desk interpreted "you need not register if staying less than six months" as "You can't register until after six months".

I needed to register to get my household stuff imported without paying heaps of duty. It would not have happened without my wife's ability to get around the system.

So, one thing I have learnt: Entitlement is one thing: getting is quite another.

kazintrepid · Apr 24th, 2006, 14:10

Infoblues,

There is two things your wife can do. She can apply for a PIO card or dual citizenship.

India has just brought in dual citizenship for several countries in the last 2 months. It means your wife can still hold her USA citizenship and also become an Indian Citizen which entitiles her to everything except voting and working for the government.

To find out more about these options go to the Ministry of Home Affairs Website at ... http://mha.nic.in/

Hope this helps.

Nick-H · Apr 24th, 2006, 14:22

Kazintrepid.... I disagree about OIC....

from the MHA website...

Quote:

4. Can the spouse of the eligible person apply for OCI?
Yes, if he/she is eligible in his/her own capacity.

In other words, being the spouse of an Indian is irrelevent, must qualify on one's own account.

They seem to have effectively limited this (unlike PIO) to those with Indian genetic or political origin.

If you can point me to any other contrary reference I'd be very interested to know!

kazintrepid · Apr 24th, 2006, 21:48

Nick - H

You could be right... I took that question to mean if the husband was eligable for the OCI then can the spouse apply and the answer being Yes if they can in their own right.

Though in the case of this thread the husband is an Indian Citizen.

Best to call and check I guess. 011 23387893.

Jan 15th, 2006, 13:41	#1
infoblues Member Join Date: Jan 2006 Location: Bangalore Posts: 44	registration of non-indian spouse Hi, I guess its always good to be sure before you approach the indian legal and govt people. And am posting to be sure on one such issue. My wife is a US citizen. She arrived in India almost 100 days ago on 1 year Tourist Visa (not married at that time). Her visa is of the kinds with the stamp "No registration required if continuous stay does not exceed 180 days". We got married approx. 40 days ago and would like to stay in India till her Visa expires which would be due in Sep 2006. Now can she register with the SP here in Bangalore and continue her stay without the 180 day stay hurdle coming in? My take is that yes. Also am I right in interpreting that the requirement to get registered within 14 days of arrival is only for Non-tourist visas and she can still get registered without complications? Also what are the options available after Sep 2006 if we want to continue living in India? From what I gather from the threads here is 1) Renewal of Visa after visiting home country 2) Renewal of Visa in some neighbouring country, though this can be dicey 3) Extension of Visa from FRO on marriage grounds for small period like 1 month Please suggest. Regards infoblues

Jan 16th, 2006, 12:03	#2
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,892	You should be able to get the visa converted (without leaving India) to an Entry Visa, with a validity of one to five years at the discretion of the authorities, on the basis of marriage. That's what I (married to an Indian citizen and planning on settling here permanently) am trying to do at the moment, with the intention of later going for a PIO card. __________________ . Just one member of the IndiaMike Mod Team

Jan 17th, 2006, 11:56	#3
infoblues Member Join Date: Jan 2006 Location: Bangalore Posts: 44	entry visa?? hi Nick.. thanks for your reply.. i would indeed be interested in knowing more about the entry visa? who do i have to goto? the FRO? you said you are trying to do that.. is it a long or ambiguous process? does this have a standard form / format for application or a special kinda case? what would be the costs involved? any URLs i can look this up on? any help on this would be so welcome.. i know you are one of the most active gentlemen on this forum.. would you agree to what i wrote in my previous post about the registration part?

Apr 24th, 2006, 14:10	#10
kazintrepid Member Join Date: Jan 2006 Location: India Posts: 63	Registering and dual citizenship Infoblues, There is two things your wife can do. She can apply for a PIO card or dual citizenship. India has just brought in dual citizenship for several countries in the last 2 months. It means your wife can still hold her USA citizenship and also become an Indian Citizen which entitiles her to everything except voting and working for the government. To find out more about these options go to the Ministry of Home Affairs Website at ... http://mha.nic.in/ Hope this helps.

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Jan 17th, 2006, 12:18	#4
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,892	You need to take a look at this site here , and have a good browse through the other threads in this section of IndiaMike. Also check the website for your own country's Indian Embassy/High Commision.

Feb 2nd, 2006, 15:32	#5
anamon Member Join Date: Feb 2006 Location: Mumbai Posts: 12	Pls do go to FFRRO and register. If you're late with your registration don't worry is just a fine to be paid so better do it. I almost lost my flight back home as I didnt bother to take along my residence permit so I think you should play safe here ...the guy at the airport was nice enough to close his eyes since there were 20 min till take off and little i could do but you can never tell! She can extend her visa but they will not give more than 3 months and will cost arnd 50 dollars (need to check as depends on nationality as well) so if you plan to stay for more than that safe is go back home and extend it for the period you require.

Feb 2nd, 2006, 16:27	#6
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,892	Registration I don't really know about, nor do I need to until after I leave India in April and then return a few weeks later for what will be a period of more than six months. But If I'm told I have to do when I get my resident permit, which will be sooner, then I will. I think it is all covered in the link I gava above

Feb 2nd, 2006, 16:34	#7
anamon Member Join Date: Feb 2006 Location: Mumbai Posts: 12	When you register with the FRRO you get your resident permit! Also if you stay more than 180 you need to get it done but if you have already stayed more than that you will pay a fine for it. All in all they ask for this permit when you exit the country so better carry it along and more importantly get it done!

Feb 2nd, 2006, 16:57	#8
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,892	OK, yes, then I'll be registering when I get the permit, otherwise known as getting the permit when I register. Doh! A friend at London HCI advised me a while back that registering early is better than leaving it towards the end of the six months and will result in less hassle. It's not an issue for me timewise, I'm leaving the country before my six months is up anyway --- but it looks like it is getting close for Mrs InfoBlues.

Apr 24th, 2006, 13:57	#9
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,892	Update Getting the visa conversion in India (from Tourist to Entry) did not happen for me. This was mostly because of a visa agent who pissed about for months then just abandoned my case, but it is, apparently, difficult to get such a conversion anyway. Getting a new Entry visa (for one year) in London was just a case of taking my wife's passport and our wedding cert to the counter and applying. If I'd kown that 4 months ago it would have been worth the return airfair just to do it! Getting my resident's permit back in Chennai was another pain. The guy at the front desk interpreted "you need not register if staying less than six months" as "You can't register until after six months". I needed to register to get my household stuff imported without paying heaps of duty. It would not have happened without my wife's ability to get around the system. So, one thing I have learnt: Entitlement is one thing: getting is quite another.

Apr 24th, 2006, 21:48	#12
kazintrepid Member Join Date: Jan 2006 Location: India Posts: 63	Nick - H You could be right... I took that question to mean if the husband was eligable for the OCI then can the spouse apply and the answer being Yes if they can in their own right. Though in the case of this thread the husband is an Indian Citizen. Best to call and check I guess. 011 23387893.

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