OCI - spousal eligibility for UK citizen with illegitimate birth certificate?

#1 Sep 15th, 2018, 02:39
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  • passionfruit is offline
#1
Hi there,

I am a British citizen married to an Indian passport holder for the past 5 years and therefore eligible for an OCI on the basis of a spousal visa.

Currently my application has been held up for the past 11 months by the Ministry of Home Affairs as they have raised an objection due to the fact my birth certificate has no Father's name. Unfortunately, it isn't possible to add my Father's name to my UK birth certificate or provide any proof of paternity.

The High commission of India in London have said that they find me eligible for an OCI but cannot grant it without MHA approval.

I am currently very confused as to what my options are. The MHA haven't outright rejected it but they say they need a fathers name on my birth certificate which is frustrating as this is not on the criteria for OCI on spousal Basis.

Can anyone please advise me what I can do? I've been in constant touch with the MHA and HCI and don't feel I have anywhere to turn.
#2 Sep 15th, 2018, 04:00
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  • Govindpuri is offline
#2
Welcome to Indiamike.
Get a stat dec specifying your father's name and submit that. They need a name to put on your OCI card. See how you go.
#3 Sep 15th, 2018, 04:07
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  • ukdoctor is offline
#3
Quote:
Originally Posted by passionfruit View Post Hi there,

I am a British citizen married to an Indian passport holder for the past 5 years and therefore eligible for an OCI on the basis of a spousal visa.

Currently my application has been held up for the past 11 months by the Ministry of Home Affairs as they have raised an objection due to the fact my birth certificate has no Father's name. Unfortunately, it isn't possible to add my Father's name to my UK birth certificate or provide any proof of paternity.

The High commission of India in London have said that they find me eligible for an OCI but cannot grant it without MHA approval.

I am currently very confused as to what my options are. The MHA haven't outright rejected it but they say they need a fathers name on my birth certificate which is frustrating as this is not on the criteria for OCI on spousal Basis.

Can anyone please advise me what I can do? I've been in constant touch with the MHA and HCI and don't feel I have anywhere to turn.
Could I check why you were asked to send the birth certificate. I did go through the OCI document checklist of the spouse of a colleague early this year (british citizen married to another British citizen of Indian origin (he had an OCI)

i remember that all the documents that they needed in addition to her passport was a copy of his passport /OCI and marriage certificate?
#4 Sep 15th, 2018, 04:46
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  • Govindpuri is offline
#4
I had to submit birth certificate for Mrs GP with OCI application. That was couple of years ago.
#5 Sep 15th, 2018, 06:35
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  • ukdoctor is offline
#5
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Originally Posted by Govindpuri View Post I had to submit birth certificate for Mrs GP with OCI application. That was couple of years ago.
interesting. They seem to have added many more requirements like a letter from employer and job description for all applicants. This was definitely not there earlier.


The Vfs uk website has this disclaimer which might be the reason why the OP's application is in limbo

Applicants carrying Birth Certificates which contain only one parentís details,(other parentís details are not mentioned or the parent is unknown), are not eligible to apply for an OCI.

Source

https://www.vfsglobal.com/india/uk/OCI.html
#6 Sep 15th, 2018, 15:23
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  • Nick-H is online now
#6

OCI - spousal eligibility for UK citizen with illegitimate birth certificate?

Do they make this stuff up as they go along?

PIO to OCI, three months ago, in India. I don't think I was asked for birth certificate. Not for the PIO.
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#7 Sep 15th, 2018, 15:49
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  • nycank is offline
#7
Quote:
Originally Posted by Nick-H View Post Do they make this stuff up as they go along?

PIO to OCI, three months ago, in India. I don't think I was asked for birth certificate. Not for the PIO.
Quote:
Originally Posted by ukdoctor View Post interesting. They seem to have added many more requirements like a letter from employer and job description for all applicants. This was definitely not there earlier.
Eons ago, before most missions (both Indian and other countries as well) started outsourcing and creating a middleman situation to prune out applications; OCI&PIO were exclusively handled directly by the mission in NYC (and other locations) Their criteria and list was slightly different from others.

Later that year, I asked a recently retired babucrat in NorthBlock (Where many of the ministries are housed) and he was rather blunt. Ground situation differs and is forced by the diplomatic realities of the mission. So what is it ?

When PIO, and the OCI were created, Canadian citizens of indian descent, who were born in, or held indian passports; were also asked to furnish "Landing Cards" or a similar document.

In Knada, and UK; and to some extent four of the five Eyes, had in bulk and substances, granted even half-baked applicants, political asylums. The power of local constituents being such, in Knada, your status before becoming a citizen was noted in the card - i.e refugee.

If the situation in home country was so bad and so horrific, you cannot turn around once you got your passport, and ask for lifetime (or 20 years) near full benis from that same country that you claimed in your successful application for asylum to be more horrific than repressive regimes.

The GoI, in its wisdom, decided they wanted to deny them fireners this newly minted status and the benis that went along. Nearly all the applicants impacted by this requirement were from pindlandia, eager to settle pending land deals in pind.

Thus the need to make things as ground realities shifted.
#8 Sep 15th, 2018, 20:57
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#8
I also suspect that another reason could be the high profile cases of OCi's doing missionary work / non permitted work in certain regions of the country.

Many OCI's are being cancelled over the last few years and the people in question were denied entry to India .

They are clamping down on these.

Let us not turn this into a debate as to whether this is right or wrong.

At the end of the day I treat the OCI like a indefinite multi entry visa which could be revoked at any time. ignore the bull*** about parity with other indian citizens etc etc as this cannot be implemented as per the constitution.

Plan your life accordingly and you will be fine. Think very carefully before giving up your indian passport if you are a permanent resident in another country and want to go back to India as soon as you acquire a passport of another country.

It is fine if you do not have any immediate plans to go back.to India but I would not treat the OCI like Indian citizenship and think that you have as much freedom as a citizen of India


There are many cases of USA expatriates who have had major issues with the US after they expatriated for tax reasons.
#9 Sep 15th, 2018, 21:30
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  • professorm is offline
#9
Spousal OCI takes a bit longer due to scrutiny given by the authorities. Normally, it should not take more than three months.

I suggest you submit an Affidavit explaining why the name of your father is missing from your birth certificate. A cogent truthful explanation will suffice. An attorney can help you to prepare this Affidavit. Submit ASAP and hope it work. Keep it handy and attach a copy to your birth certificate for other purposes as well.
#10 Sep 18th, 2018, 22:13
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  • NonIndianResident is offline
#10
India is wary of giving visas to anyone with a Pakistani parent or grandparent, so in the affidavit suggested above (which is an excellent idea) it might be helpful to say that the father was definitely not Pakistani. He was a white English guy who for personal reasons was unwilling to be acknowledged as my father, but I can attest that he was English and his parents were English...? Though if the father is actually unknown I guess that's not possible.

Best of luck! Do you want to reside in India, or just to be able to make visits easily? An X-visa or one of the 5-year tourist visas that is supposedly now allowed to citizens of many countries might serve your purpose, if the OCI proves impossible.

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