Marrying foreign national in India

#1 Feb 10th, 2009, 01:08
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  • rockuzz is offline
#1
Hi All,
I am an Indian guy now living in Pune. My girl friend and me are planning to get married this year. She is Chinese and living in the UK now.
I went through the sites that gives details regarding the special marriage act,but it dosent say anything regarding if she has to come over here before we can actually give the notification or is it enough that we send the signed papers by post and come down only for registration of the marriage.
She is working and is short on holidays, so kind of looking for the fastest way to finish it off considering that she will have to stay after that to process the visa.
I would really appreciate if you could provide me with any advice on this regard.
Thanks in advance
Rockuzz
#2 Feb 10th, 2009, 01:24
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  • curtdfw is offline
#2
I'm a US citizen married under the Special Marriage Act in Delhi in 2007. We had to go together to the Saket magistrate's office for submission of the initial forms (sorry, don't recall the details, my wife handled most of the paperwork) that started the 30-day waiting period. Not sure if you can get around that, as I had to present the usual identification, visa etc at the start of the process.

Have you done searches on the forum? I believe there have been others in similar situations...
#3 Feb 10th, 2009, 13:06
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  • edwardseco is offline
#3
Many here..
#4 Feb 10th, 2009, 20:58
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#4
Hi, thank you so much for the response. I read through some threads and it seems marrying a chinese national is more complicated than usual. I see a lot of discussion on POI. I thought we could register our marriage and then apply for residentship (POI). Is that not all? Cant we get a permanent residentship? I assume she would be able to work here with the type of visa that she will be granted?
I see that few members have had the same confusions (indo- chinese couple). It would be really helpful if someone who have gone through it could share how they finally managed to sort it out.
My girl friend, last time when she came over, got a single entry three months tourist visa from the UK. So, I assume she can do the same to come over for the marriage registration. If so, that should be enough time to get over with the marriage and getting the visa. Is that right?
I think I have the marriage registration part sorted, so left is the visa application part.
What type of visa can we get? How long would it take? We plan to settle down in India later (She has to work in the UK for another year). Will she be able to work here with the type of visa that we can get?
These are the questions that we are trying find answer for at the moment.
Could anyone please help with some answers?

Thanks
Rockuzz
#5 Feb 10th, 2009, 22:53
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  • AprilFlower is offline
#5
A few answers...
Once you are married you can apply for an X-visa (sometimes also called a spouse visa). This visa will NOT allow your spouse to work in India. In fact, if she doens't have the work visa when she comes here she may actually have to return to her "country of origin" and then re-enter with the work visa. Might benefit the two of you if she starts searching for a job while she is still in the UK.

Once you have been married for a specific time, she can apply for PIO status. If you are living and applying in India, then you can apply after you have been married one year. If you apply from your home country then they time varies depending on the embassy. In the US, the time is one year. One lady from the UK recently informed us it was 2 or 3 (I can't remember now). As your wife is from China, she might have to apply though China.

PIO allows you almost all of the benefits of citizenship with the exception of voting. You can work and own property.
Hope this helps a little.
#6 Feb 11th, 2009, 00:27
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#6
Hi AprilFlower,
Thank you so much for the response. that answers most of our doubts, but brings up another one...sorry..:-)
Once we have the spouse visa, is it necessary that we have to be living in India for the stipulated period before we can apply for the PIO?

Thanks
Rockuzz
#7 Feb 11th, 2009, 05:58
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  • curtdfw is offline
#7
It seems to be more that you have to be married for a specific period before applying for PIO regardless of where you're living. I wasn't allowed to apply until we'd been married a year (I applied from the US).

Search around the site and you'll find varying requirements depending on the location you're applying from. There's little consistency, but the general trend is for a longer wait. Presumably they're concerned about 'marriages of convenience', but who knows.
#8 Feb 11th, 2009, 17:37
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  • AprilFlower is offline
#8
Quote:
Originally Posted by rockuzz View Post Once we have the spouse visa, is it necessary that we have to be living in India for the stipulated period before we can apply for the PIO?
No, PIO can be applied for from other countries but it is necessary to apply from the place you are living. For example, I applied from the US (I had already lived here in India for over a year) but I was living in the US for a little over 6 months and working/paying taxes there at that point in time. This is really a technicality. It does not seem that it is checked very closely in the states. The Indian Embassy in the UK is not s sweet to deal with though. You might try giving them a call by phone first to ask as a Chinese national what the procedure needs to be. Afterall, I am no lawyer. If you have time (and live anywhere near the embassy)it is always better to go and ask in person. Answers sometimes very depending on who answers the phone and their mood at that point in time.
#9 Feb 15th, 2009, 11:08
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#9
Thats excatly what I am finding now. There is absolutely no consistency on these things. I hear from another source that chinese citizens are not grated PIO. Anyway decided to visit the embassy and get it clarified in person. Thank You so much for the responses.
#10 Feb 15th, 2009, 12:00
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  • Alohaguy is offline
#10
Brows this site more. There are some other India-China couples like you actually living in India. There was discussion about this topic on this site. I do recommend a LOT of patience on your behalf as you start this journey!
#11 Jan 16th, 2014, 05:57
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#11
Hi, I am an Indian living in London currently, I am planning to get married to my Russian gf in India in traditional hindu style. My gf currently lives in Russia only. After wedding we are planning to live in UK. There are few things where will greatly appreciate your advice:
1. Do she need any special visa to come to India or normal tourist visa is OK to do marriage?
2. How can we get wedding certificate? Do we need to do a court marriage separately for that. I read some post above that there is some notice period of 30 days for that. Considering neither of us lives in India and we will be coming just for 2 weeks. How can we get this wedding certificate?
3. Finally will our Indian wedding certificate be valid in Russia as well as UK? or do we need any special procedure for that?

Thanks a lot in advance.
#12 Jan 16th, 2014, 06:29
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  • Sweet_Lana is offline
#12
Hi
1. she can come on usual tourist visa
2. we got marriage certificate in 1 month after the wedding, and i came to India 1 month before the wedding...so, i can't help much with this question, guess that mostly these 30 days are needed (although i remember that my friend in Chennai got her documents ready faster and she came to India just a week before the wedding, will ask her)
3. you will have to get apostile on your certificate in Delhi, only after that marriage will be valid(legal) in Russia (not sure if its the same for UK)
Can i ask 1 question, where exactly are you going to marry in India?

Congrats in advance, be happy!
Laugh as long as u breath n love as long as u live!
#13 Jan 16th, 2014, 07:05
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#13
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Originally Posted by agrobin View Post Hi, I am an Indian living in London currently, I am planning to get married to my Russian gf in India in traditional hindu style. My gf currently lives in Russia only. After wedding we are planning to live in UK.
The regulations are not identical throughout India - where do you propose to marry?

There are three prime marriage acts in India.

The Hindu Marriage Act which applies to Hindus, Sikhs, Jains and Buddhists. Both parties must be Hindus. People can register their marriage, but registration is not a legal requirement and failure to register a marriage does not affect the legality of the marriage.

The Christian Marriage Act - marriages can be performed by a minister of religion in a church or by a registrar of marriages.

The Special Marriage Act which covers marriages between people of different religions, but people of the same faith can also be married under this act.



Quote:
1. Do she need any special visa to come to India or normal tourist visa is OK to do marriage?
Tourist visa is fine - but it might be best not to mention her marriage intentions on her application form.

Quote:
2. How can we get wedding certificate? Do we need to do a court marriage separately for that. I read some post above that there is some notice period of 30 days for that. Considering neither of us lives in India and we will be coming just for 2 weeks. How can we get this wedding certificate?
To be married under the Special Marriage Act the basic legal requirements are these:

There’s a 30 day residency requirement, which means that you need to be in India for at least 30 days prior to applying to the local registry office to get married. You may be asked that your residence is certified by the local Police.

You’ll need to submit your intention to get married to the registry office, along with the residence certificate, certified copies of passports and birth certificates, and two passport sized photographs each.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.


The alternative may be to register the marriage after it has been conducted. The link below gives the process in Delhi - no time saved, and again local authorities may have different processes.


http://delhi.gov.in/wps/wcm/connect/...d+registration

Mod Note: Thread moved to Marriage subforum
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#14 Jan 16th, 2014, 13:04
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  • Nick-H is offline
#14
Quote:
Originally Posted by agrobin View Post Hi, I am an Indian living in London currently, I am planning to get married to my Russian gf in India in traditional hindu style. My gf currently lives in Russia only. After wedding we are planning to live in UK...
Then you should really seriously consider marrying in UK. There will be no mysteries as to the procedure, and you will have a certificate which will be instantly recognised by any UK authority in the future.

Why do want to marry in India?
#15 Jan 16th, 2014, 13:37
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  • edwardseco is offline
#15
Quote:
I am planning to get married to my Russian gf in India in traditional hindu style.
Hopefully the family in India will go for it..

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