Residency For PIO's Mama?

Haze · May 25th, 2007, 03:33

Hi Everyone!

My daughters are entitled to PIO status on account of my ex-husband being Indian. My eldest daughter was also born in India and had, at one point, an Indian passport.

Anyway, I can't find the answer to this on any official Indian website, so I'm asking it here:

As their mother, am I entitled to residency? In other words, if I decided that the right thing to do was to bring them up in India, would I be entitled to a residency permit in order to do so? I know when I was married, residency was no problem, but don't know if it extends to parents as well as spouses.

Thanks for reading and for any help you may have to offer.

Hazel

kmalik · May 25th, 2007, 03:41

Haze -

Does not seem like you are entitled to PIO status. The requirements are:

(i) he/she at any time held a Indian passport; or

(ii) he/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizens of any of the aforesaid countries (as referred to in 2(b)above; or

(iii) he/she is a spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above.

Haze · May 25th, 2007, 04:05

Thanks for the speedy reply Kmalik. I know 'I'm not entitled to PIO status, but my girls are, and I thought I might be able to get a long term visa on that basis. When I was married, I didn't have a PIO card, but I did have a long-term, multiple-entry visa (which has, unfortunately, expired). Here in Ireland - and in other countries too - parents of children entitled to residency are allowed to stay as well. So I was just hoping

Guess I'll either have to find gainful employment or another husband. (just kidding!!)

Haze

barodian · May 25th, 2007, 04:22

Haze, why don't you talk to Indian Embassy?

Haze · May 25th, 2007, 04:40

I tried that, Barodian. I don't think they got what I was asking. I was just handed two PIO application forms (one for each child). They don't answer the phone (it's their policy!) and any and all conversations take place in the public office so one is conscious of holding all the other people up.

I did email, and got a reply that did not address my question.

Anyway, at the moment, it's not a pressing issue - I just have this notion that my children are as Indian as they are Irish and, as such, are entitled to spend some time in their other country of origin as residents, rather than just tourists. I'm sure there's a way - I just need to figure it out. I will try and find out when we're there this summer.

Anyway, thanks for your suggestion.

Haze

Nick-H · May 25th, 2007, 10:47

Curious and difficult situation!

You might get a long-term visa on the same basis as the spouse of an employment/business visa holder.

My suspicion is that this is going to be discretionary, or, at least, that the understanding of one officer will be different to that of the next and it will not be possible to get an absolute answer. It is, anyway, my experience that, whatever the law says, it is, in practice, whatever the official you are talking to at the time thinks it is.

Haze · May 25th, 2007, 13:48

Thanks, Nick - that makes perfect sense.

Hazel

kmalik · May 25th, 2007, 19:51

Haze -

Seems like this is not a situation where you are looking to move to India at this time.

First of all, it occurs to me that for your children the OCI (Overseas Citizen of India - essentially a lifetime PIO) status might be better alternative. It'll definitely be cheaper in the long run. You might want to consider that.

For yourself, you might well be able to get long-term visa like Nick is suggesting, but perhaps I'd wait to get the PIO/OCI status for the children before pursuing it. Might improve your 'credentials' for it. While I doubt there is a legal point you could rely on, it seems likely that you'll get long-term visa if your children are going to be in India.

Just some thoughts, though I am hardly a visa expert. In any case, all the best!

Haze · May 25th, 2007, 20:39

Hi Kmalik

Thanks for your advice - I never thought of getting OCI for the girls. You're right, there's nothing urgent about it; we're not looking at moving back tomorrow. We're leaving next week for Chandigarh and will spend the summer there. Maybe afterwards, I'll have different ideas about staying.

Thanks again.

Hazel

Nick-H · May 25th, 2007, 22:14

India in six-month chunks is really not such a bad thing, if you can afford the coming and going

May 25th, 2007, 03:33	#1
Haze Senior Member Join Date: May 2007 Location: Ireland Posts: 197	Residency For PIO's Mama? Hi Everyone! My daughters are entitled to PIO status on account of my ex-husband being Indian. My eldest daughter was also born in India and had, at one point, an Indian passport. Anyway, I can't find the answer to this on any official Indian website, so I'm asking it here: As their mother, am I entitled to residency? In other words, if I decided that the right thing to do was to bring them up in India, would I be entitled to a residency permit in order to do so? I know when I was married, residency was no problem, but don't know if it extends to parents as well as spouses. Thanks for reading and for any help you may have to offer. Hazel

May 25th, 2007, 10:47	#6
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,920	Curious and difficult situation! You might get a long-term visa on the same basis as the spouse of an employment/business visa holder. My suspicion is that this is going to be discretionary, or, at least, that the understanding of one officer will be different to that of the next and it will not be possible to get an absolute answer. It is, anyway, my experience that, whatever the law says, it is, in practice, whatever the official you are talking to at the time thinks it is. __________________ . Just one member of the IndiaMike Mod Team

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May 25th, 2007, 03:41	#2
kmalik Senior Member Join Date: Dec 2006 Location: Ohio Posts: 455	Haze - Does not seem like you are entitled to PIO status. The requirements are: (i) he/she at any time held a Indian passport; or (ii) he/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizens of any of the aforesaid countries (as referred to in 2(b)above; or (iii) he/she is a spouse of a citizen of India or a person of Indian origin covered under (i) or (ii) above.

May 25th, 2007, 04:05	#3
Haze Senior Member Join Date: May 2007 Location: Ireland Posts: 197	Thanks for the speedy reply Kmalik. I know 'I'm not entitled to PIO status, but my girls are, and I thought I might be able to get a long term visa on that basis. When I was married, I didn't have a PIO card, but I did have a long-term, multiple-entry visa (which has, unfortunately, expired). Here in Ireland - and in other countries too - parents of children entitled to residency are allowed to stay as well. So I was just hoping Guess I'll either have to find gainful employment or another husband. (just kidding!!) Haze

May 25th, 2007, 04:22	#4
barodian Senior Member Join Date: Mar 2007 Location: California Posts: 167	Haze, why don't you talk to Indian Embassy?

May 25th, 2007, 04:40	#5
Haze Senior Member Join Date: May 2007 Location: Ireland Posts: 197	I tried that, Barodian. I don't think they got what I was asking. I was just handed two PIO application forms (one for each child). They don't answer the phone (it's their policy!) and any and all conversations take place in the public office so one is conscious of holding all the other people up. I did email, and got a reply that did not address my question. Anyway, at the moment, it's not a pressing issue - I just have this notion that my children are as Indian as they are Irish and, as such, are entitled to spend some time in their other country of origin as residents, rather than just tourists. I'm sure there's a way - I just need to figure it out. I will try and find out when we're there this summer. Anyway, thanks for your suggestion. Haze

May 25th, 2007, 13:48	#7
Haze Senior Member Join Date: May 2007 Location: Ireland Posts: 197	Thanks, Nick - that makes perfect sense. Hazel

May 25th, 2007, 19:51	#8
kmalik Senior Member Join Date: Dec 2006 Location: Ohio Posts: 455	Haze - Seems like this is not a situation where you are looking to move to India at this time. First of all, it occurs to me that for your children the OCI (Overseas Citizen of India - essentially a lifetime PIO) status might be better alternative. It'll definitely be cheaper in the long run. You might want to consider that. For yourself, you might well be able to get long-term visa like Nick is suggesting, but perhaps I'd wait to get the PIO/OCI status for the children before pursuing it. Might improve your 'credentials' for it. While I doubt there is a legal point you could rely on, it seems likely that you'll get long-term visa if your children are going to be in India. Just some thoughts, though I am hardly a visa expert. In any case, all the best!

May 25th, 2007, 20:39	#9
Haze Senior Member Join Date: May 2007 Location: Ireland Posts: 197	Hi Kmalik Thanks for your advice - I never thought of getting OCI for the girls. You're right, there's nothing urgent about it; we're not looking at moving back tomorrow. We're leaving next week for Chandigarh and will spend the summer there. Maybe afterwards, I'll have different ideas about staying. Thanks again. Hazel

May 25th, 2007, 22:14	#10
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 26,920	India in six-month chunks is really not such a bad thing, if you can afford the coming and going

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