Is it possible to convert Tourist Visa for my Australian Spouse to an Entry Visa

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#1 May 11th, 2013, 07:23
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  • becky2610 is offline
#1
Hi all!!

My husband and I are going to India to visit my family. I hold an Indian Passport and my husband is an Australian Passport Holder. He has no family or no connection with India in regards to heritage. We both are in Australia.

I have been researching online for about 3 months as to what kind of Visa he can get so he can stay for longer that 6 months (Tourist Visa).
Different links tell me a different story and have not been able to find the accurate answer.

We even went to the Indian Consulate in our City to get the right information but even they are giving us answers which don't match with the information I have found on "Bureau of Immigration, Ministry of External Affairs India" website.

What I have found after my online research is that he is eligible for an Entry Visa as he is married to an Indian National but the Indian Consulate has told me that he is not eligible.

The eligibility criteria for an Entry Visa is mentioned in the link below:
http://www.vfs-in-au.net/pdf/EntryVi...ist.pdf‎

It clearly states that he is eligible for one but the Consulate is giving us a very different information.

Also is it possible to convert a Tourist Visa into Entry Visa?

I would really appreciate your help with these question.

Look forward to your replies.
Thanks for your help guys!!
#2 May 11th, 2013, 08:33
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  • aneesh84 is offline
#2

hi

He is very much eligible for an entry X visa, which they normally give for 6 months multiple entry, but he is eligible for a 5 year multiple entry visa also. It is mentioned in the MHA website. Please take a print out and insist on this. If the junior officer does not agree take the case to the first officer.


In addition to that he is eligible for PIO card which i would strongly recommend which normally most embassies process within a month. It would enable him to have 15 year multiple entry visa with all sorts of work, study and investment permissions.
#3 May 11th, 2013, 08:35
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Tourist visa to entry visa conversions in india is possible but needs approval of MHA which can be a long process. If you can convince the embassy to give PIO card in time then go for it , else instead on a 5 year multiple entry X visa, and in the worst case settle for a 1 year X visa
#4 May 11th, 2013, 08:55
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#4
Hi,

Thank you so much for your reply.
Isn't PIO card only for people who are of Indian origin not the family of the person of Indian Origin?

We have applied for his 6 month multiple entry, Tourist Visa. It takes 5 days for the application to process. So hopefully that gets approved.
I have also found that after we get to India if we go to FRRO (Foreigner Regional Registration Office), they can change his visa to an Entry Visa after the required formalities and paperwork and medical check up.
I just had a read of the link I foun on MHA website:
http://mha.gov.in/pdfs/FAQ-onX-VISA210510.pdf

Would you be able to advice on how to build our application (What documents, evidence) for when we apply for my husband's visa extension?

Even though he is fully eligible for an Entry Visa, the Indian Consulate is not approving the application. Would you possibly know of any reasons why they do that?

Thanks again for your help.

Kind Regards
Becky
#5 May 11th, 2013, 09:11
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My guess would be that one cannot easily "convert" a visa. However, one can apply for a visa of one type while already having a visa of another type, and issuance of such a visa would invalidate (either through a stamp, or by implication) the previous visa.

Potentially the word "convert" is the source of confusion, because I cannot imagine any consular office saying that the spouse of an Indian national is ineligible for an entry visa.
#6 May 11th, 2013, 09:39
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Thanks for your advice RPG!
#7 May 11th, 2013, 09:40
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I think getting a PIO card in Australia itself would be the best option for you.
You can read more details here. He is eligible if your marriage certificate is more than a year old.

http://mha.nic.in/pdfs/ForeigD-FAQs-PIO-Crd.pdf
http://www.vfs-in-au.net/personsofindianorigin.html


However I cant see any reason why the embassy can refuse either the PIO card or the Entry X Visa. Only reason is an employee not doing his job properly. You can either go personally and speak to his superior, or file an RTI query asking for why the x visa was denied.

However before that I would advise you to ask them if they can process his pio card which would save you both a lot of hassles in India.

The FRRO can do the conversion only after obtaining clearance from the Home Ministry. ANd by experience I can tell you, that often files just disappear in the MHA.

All the best.
#8 May 11th, 2013, 10:05
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Hi Becky,

Quote:
Originally Posted by becky2610 View Post Also is it possible to convert a Tourist Visa into Entry Visa?
It is possible to convert the Tourist Visa to an entry visa, however, this is normally for people who marry in India whilst on a Tourist Visa. Care to renew your vows?

Fill in this form: http://mha.nic.in/pdfs/new_applicaton_form_visa.pdf and head to your nearest FRRO / FRO.

www.punepolice.gov.in/pdf/visa_extn.pdf

Quote:
However, following cases would be referred to MHA, New Delhi for extension and visa conversion -
(A) Tourist visa may be converted to ‘X’ visa, if a foreigner who has come to India on ‘Tourist’ visa marries
an Indian national during the validity of his/her Tourist visa. Such conversion would be considered subject to
fulfillment of following conditions:
(i) submission of a copy of registered Marriage Certificate, and (ii) report from the concerned local Police
station about their marital status which will inter-alia include his/her antecedents, confirmation about their
living together and security clearance.

Your husband will not be eligible for a PIO card if he is a

Quote:
Nationals of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka or any stateless person, or any person who had been a national of any of these countries or either of whose parents, grandparents or great grandparents had been nationals of these countries at any time.
Does any of this apply?


http://www.vfs-in-au.net/personsofindianorigin.html


Quote:
Originally Posted by becky2610 View Post Even though he is fully eligible for an Entry Visa, the Indian Consulate is not approving the application. Would you possibly know of any reasons why they do that?
Have you actually lodged an application? Have you asked why it has been declined? (not that they have any obligation to tell you). All of that aside, I'm not certain that he is eligible for an Entry Visa.

http://www.vfs-in-au.net/entry.html
Quote:
Who Can Apply?

Eligibility:

1. Persons of Indian origin
2. Members of the family of a person employed in India
He is not PIO (yet), and I presume you are not working.
#9 May 11th, 2013, 19:35
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#9
He is considered a "Person of Indian Origin" by virtue of marriage to Indian Citizen as per existing definition.

You can be a "Person of Indian Origin" but not yet have the PIO card. Those are 2 different things.
#10 May 11th, 2013, 19:56
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Quote:
Originally Posted by aneesh84 View Post You can be a "Person of Indian Origin" but not yet have the PIO card. Those are 2 different things.
Perhaps. http://mha.nic.in/pdfs/oci-chart.pdf

But if you read the comparison chart published by the MHA you will see there are
Quote:
No specific benefits
to being a PIO. The benefits only commence when the PIO Card is issued. Therefore one has to satisfy the eligibility criteria for the card. Just "being" a PIO means you still need to apply for a visa to visit India, and the specific type of visa depending on the purpose of the visit.

Quote:
Originally Posted by aneesh84 View Post He is considered a "Person of Indian Origin" by virtue of marriage to Indian Citizen as per existing definition.
Perhaps. Even so, it is meaningless, as per my explanation above. And if he has one parent, grand parent, or great grand-parent who was a national of Pakistan, Bangladesh, Sri Lanka, Bhutan, Afghanistan, Iran, China or Nepal at any time, then he will not be eligible for a PIO card.
#11 May 12th, 2013, 07:02
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#11
The point of this discussion was only related to Entry X visa.

http://mha.gov.in/pdfs/FAQ-onX-VISA210510.pdf

Her husband is eligible for an Entry X visa. This comes from someone whose wife is an Iranian and has got entry X visa 3 times simply because of marriage to an indian.
#12 May 12th, 2013, 08:23
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#12
Quote:
Originally Posted by aneesh84 View Post The point of this discussion was only related to Entry X visa.
I understand that perfectly.



Quote:
Originally Posted by aneesh84 View Post Her husband is eligible for an Entry X visa.
Perhaps. Probably not. And until you know the nationality of his previous four generations, you don't know.

Until then, we have to disagree.
#13 May 12th, 2013, 10:09
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Nationality of previous 4 generations is not an issue for entry x visa, only for pio card. where did u read otherwise?

being spouse of indian origin or indian citizen is enough for entry x visa. proof being my iranian spouse who already got it 3 times. what is so hard for you to understand!
#14 May 12th, 2013, 10:18
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#14
As per the extant instructions of the Government of India, an Entry
(X) Visa can only be granted to the following persons:-
(a) A foreigner of Indian origin, who wishes to come to India for
visiting relatives, holiday etc.
(b) Spouse and children of a foreigner of Indian origin
(c) Spouse / dependents of foreigners coming to India on any other
type of valid visa like Student/Business/Employment/Research
etc.

A foreigner of Indian Origin means:-
1. a person who at any time held an Indian passport; or
2. a person who or either of his/her parents or grand parents or
great grandparents, was born in, and was permanently resident
in India, provided neither was at any time a citizen of
Afghanistan, Bangladesh, China, Pakistan or Sri Lanka or any
other country that may be specified by the Government of India
from time to time; or
3. a person who is the spouse of a citizen of India or a person of
Indian origin covered under (1) and (2) above.
#15 May 12th, 2013, 10:45
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#15
Quote:
Originally Posted by becky2610 View Post We have applied for his 6 month multiple entry, Tourist Visa. It takes 5 days for the application to process.
http://www.vfs-in-au.net/tourist_process.html

Quote:
Processing times mentioned do not include transit time by post/courier. Transit times by Courier are generally 1-3 days on average and may be higher in remote or rural areas.
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