OCI Application - Custodianship Query

#1 Feb 7th, 2019, 15:59
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  • RS2103 is offline
#1
Hello there, I am a UK Citizen, born 21 March 1991, currently residing in the UAE due to work.

I completed an application for OCI and went to the Embassy of India (Abu Dhabi) today to submit hard copies. I have applied on the basis of my father being an Indian Citizen with an Indian Passport albeit he is currently based in the UK. However, my parents divorced when I was a young child; I have exhausted myself trying to locate divorce paperwork but am unable to retrieve this. When I went to the Embassy, they told me that I will only be eligible to apply for OCI if, after my parents divorce, my father was granted custody for me (they said we would need to show the custody documents). This is information we do not have and, although I have lived with both my parents over the years, I do not think that my father had custody for me.

I would be grateful if someone could advise whether the aforementioned ruling regarding custodianship is accurate? I did not come across this when looking through the OCI information. Nevertheless, I would be grateful for any clarification from anyone on here.
#2 Feb 7th, 2019, 16:24
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#2
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Originally Posted by RS2103 View Post Hello there, I am a UK Citizen, born 21 March 1991



my father was granted custody for me (they said we would need to show the custody documents). This is information we do not have and, although I have lived with both my parents over the years, I do not think that my father had custody for me.

I would be grateful if someone could advise .
Why ?

Your birth certificate has your father's name, and you are over 21 years old. That is all that is required. OCI application Part A is filled online, and Part B, package has a list of requirements, which are available online.


All you have to do is establish paternal (or maternal) link to your Indian citizen father (or mother) through a birth certificate.
#3 Feb 7th, 2019, 16:46
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Originally Posted by nycank View Post Why ?

Your birth certificate has your father's name, and you are over 21 years old. That is all that is required. OCI application Part A is filled online, and Part B, package has a list of requirements, which are available online.


All you have to do is establish paternal (or maternal) link to your Indian citizen father (or mother) through a birth certificate.
I have no idea why! I did flick through some OCI information that is out there but I could not find a specific reference to this. Is there any formal avenue through which some factual advice can be obtained?

Quite disheartening to turn up at the Embassy with all documentation ready, and they tell me this. Particularly since I have forked out thousands on tourist visas over the years!
#4 Feb 7th, 2019, 17:05
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  • nycank is offline
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Originally Posted by RS2103 View Post
Quite disheartening to turn up at the Embassy with all documentation ready, and they tell me this. Particularly since I have forked out thousands on tourist visas over the years!
Strange !

Did you fill the Part A online ? Normally (And I am refering to circa '06-'10) one was not allowed to approach the Embassy/Consulate directly - All Part B packages were to be FedExed or USPSed. Does it mention that you have to hand-walk the Part B package to the Indian Mission in the country of your residence.
#5 Feb 7th, 2019, 17:26
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Very strange indeed.

Filled in Part A and B online and uploaded photo, supporting docs and e-signature as per their requirements. In the UAE, they have a daily 3 hour slot where you can walk in to the Embassy of India and submit the documents in hard copy.

I have written an email to the OCI queries team, so will wait to hear back. Once I receive some direction, I will post on here for the benefit of others (although I hope nobody lands in this situation).
#6 Feb 7th, 2019, 18:36
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Well, this is a new one!

I'm afraid that it brings to mind a saying that I made up some years ago: The rules are whatever the official sitting in front of you right now says they are.

My money is on it being bullshit. But how to get around that official? Hope you get some help from OCI enquiries.

Thinking aloud... What if your father had died before you were born? You would still have one Indian parent. I think that, in UK, it is usually the mother that gets custody of a young child.

.
~
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Last edited by Nick-H; Feb 7th, 2019 at 20:48..
#7 Feb 7th, 2019, 19:02
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Absolutely spot on with your saying!

I spoke to the High Commission in London (to try and verify what they told me in Abu Dhabi) who also seemed a bit baffled with the nature of the issue. Lets see what they come back with.

I believe it is the mother that usually gets custody in such circumstances in the UK, although I am not sure what relevance this would have as a father can still be an integral part of his child's life.

Will keep all posted on the outcome.
#8 Feb 8th, 2019, 09:53
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#8
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Originally Posted by RS2103 View Post Absolutely spot on with your saying!

I spoke to the High Commission in London (to try and verify what they told me in Abu Dhabi) who also seemed a bit baffled with the nature of the issue. Lets see what they come back with.

I believe it is the mother that usually gets custody in such circumstances in the UK, although I am not sure what relevance this would have as a father can still be an integral part of his child's life.

Will keep all posted on the outcome.
I am with nycank and Nick on this. Since you are not a minor, which parent was awarded custody, is irrelevant. All that matters is that your father held Indian citizenship. He does not even have to hold Indian citizenship now. Someone is misapplying some rule made for something else, for a minor.
My bad grammar does not make bad your grammar OK.

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