Entry (X) Visa Questions For Canadian With Canadian Born Baby and Indian Husband.

#1 May 29th, 2014, 04:26
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  • missalexandrah is offline
#1
Have a few questions if anyone can be of help..

I had previously posted a thread asking about a PIO Card titled "PIO Headache! How? What? Where?. I am no longer wanting to go that route and so my questions now are a bit different.

I got married September 2013 to my husband who is an Indian citizen living in India (Punjab). We now have a 10 day old baby as well! He was born here in Canada just to point out. Now we are wanting to live in India for a period of unknown time but between 1 year to 5 years.

The issue for my husband and I which I had pointed out in my previous post was that we DO NOT have a court marriage certificate. This makes applying for the Transit ("X") visa here in Canada impossible as they require that marriage certificate.

Baby will have a birth certificate so I know I could apply for his Transit ("X") visa here but I am worried if he has one but I have only a Tourist Visa when I get to customs at the airport they might make an issue..

So my questions are:

How do I go about applying to convert mine and babies Tourist visa into a Transit ("X") visa IN India? *I know they "say" you cannot do this but I have had friends who have although their situations aren't as complicated as mine which is why their advice really doesn't apply.

If I am able to convert it IN India how do I go about it?

If I am not, would I be able to go outside of India and go to say, Nepal or another bordering country and apply there? *Unless it's absolutely my ONLY option I would go back to Canada to apply once I've got the marriage certificate but I don't want to have to go all the way back, especially with a newborn baby.

And my last question is if all fails and I just want me and baby to stay on a Tourist visa with no changes do we have to go all the way back to Canada to reapply for a Tourist visa or can we just go to a bordering country and apply? Again, don't want to have to go all that way unless there's no other option.

Seriously thank you to anyone who has advice for me!
#2 May 29th, 2014, 04:36
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  • missalexandrah is offline
#2
Gaaaah this is what a newborn does to the brain! I MEANT to say ENTRY ("X") visa NOT TRANSIT visa sorry!!!
Last edited by narendra.d; May 29th, 2014 at 14:16.. Reason: full post quote removed
#3 May 29th, 2014, 04:52
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  • ViShVa is offline
#3
Quote:
Originally Posted by missalexandrah View Post Gaaaah this is what a newborn does to the brain! I MEANT to say ENTRY ("X") visa NOT TRANSIT visa sorry!!!
Thanks. I was flummoxed for a while. Let us mull over all that and someone will get back to you. I have asked a mod to change the title.


.
Last edited by ViShVa; May 29th, 2014 at 14:15.. Reason: added quote
#4 May 29th, 2014, 04:59
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#4
The title has been changed
#5 May 29th, 2014, 14:13
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  • ViShVa is offline
#5
Congratulations on the new baby

Okay first things first. In an earlier post [Feb 20th, 2014] you had asked about getting a PIO card without a marriage certificate.

PIO headache! How? What? Where?

Quote:
Originally Posted by missalexandrah View Post I mean that we were married in a Sikh temple and have a document for proof of that but we never registered our marriage in a court. Of course for most of these immigration processes it is difficult without that! Exactly why I cannot change my name on any of my documents here in Canada!
Quote:
Originally Posted by nycank View Post You had an Anand Karaj. Have your in-laws, or relatives take that document and have it registered with the local registrar. Get the certificate and have it authenticated. Get the authenticated marriage certificate Fed-Ex'ed. Use that for all your applications.
Quote:
Originally Posted by missalexandrah View Post Yes in Punjab! Ludhiana.. As you said it is completely up to the registrar but it doesn't hurt to go and try! I really appreciate your suggestions they have been SO helpful!
It has been many months since that exchange and it seems you have not tried to send the 'Anand Karaj' from the Gurudwara to Punjab to get your marriage registered and get a marriage certificate.

Now you are in a fix. You cannot get an Entry ('X') Visa without the certificate.

Your baby is eligible for a PIO/OCI card or an Entry ('X') Visa (I am assuming that you have applied for and got a Canadian passport for him). I would suggest that you apply for an OCI for him if you have a few months before you leave for India, or at least a long term 5 year Entry ('X') Visa for him.

That leaves your application to be sorted. I am pretty sure that a Tourist ('T') Visa cannot be converted to an Entry ('X') Visa in India. So you will have to apply for an Entry ('X') Visa using the 'Anand Karaj' document issued by the Gurudwara in Ludhiana. If you are lucky the Canadian Visa agency will issue you an Entry ('X') Visa. If not they will reject it, demanding a properly registered Marriage Certificate. That leaves you at square one and you will then have to send the Anand Karaj to India and get your in-laws to register the marriage in Ludhiana.

Another option is for you to go to India on a Tourist ('T') Visa and register your marriage. Then try to get an Entry ('X') Visa from the nearest FRO/FRRO. If you are lucky they will grant it. If they refuse then you will have to leave the country and apply from overseas, ideally from your home country, Canada.

All in all a messy situation, simply because you did not register your marriage and obtain a certificate.

One last option is to get married again in Canada now, and use that marriage certificate. I have one more suggestion. Go to your local friendly Gurudwara in Canada, and ask the head priest to certify the 'Anand Karaj' and see if that certified document is acceptable to the Visa agency.

Good luck.
#6 May 29th, 2014, 14:50
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  • Nick-H is offline
#6
Quote:
I am pretty sure that a Tourist ('T' Visa) cannot be converted to an Entry ('X' Visa) in India.
It can, if the person just got married. Based on anecdotal reports, it seems that it cannot be done on subsequent visits, where the situation seems to be that the person should have got the right visa before coming.
#7 May 29th, 2014, 14:54
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  • ViShVa is offline
#7
One option is for her husband to travel to Ludhiana first, get the certificate, send it to her in Canada via courier so she can apply for an Entry ('X') Visa.

What an avoidable mess.

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