Marriage and Visas

#1 Jan 28th, 2013, 22:47
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  • Overdriven is offline
#1
Ok so I know there are a million threads on here about marriage but I wasn't sure about my particular situation so any help would be greatly appreciated thank you

I am in the rather unusual situation that my girlfriend is Muslim. We met at university and she has slowly softened her parents to me and now I am in India (Bangalore) and hopefully we will get married some time shortly (although yet to officially confirm).

Now for the tricky part. She is technically a UK resident with a UK passport but she has an OCI card, and she has lived in India (her Dad is an Indian resident) for the majority of her life. I am on an Indian tourist visa for 6 months dated from the 1st Jan 2013 which means it'll run out on the 1st July 2013. This was an over sight by me as I did not realise the Indian visa runs from the date of issue and not the date of travel as on the application they ask you for your dates of travel and expected departure from India so I assumed they would follow those dates.

The problem arises in that unfortunately my Dad does not have holiday left from work until July which means in order for my parents to come we would have to marry in July and thus over stay my visa. Now naturally it comes down to either over staying my visa, which I have read can have a number of implications including jail time and should not be taken lightly, or somehow extending my visa.

However, I have no idea how to go about this for my particular situation, whether it is the same or different due to my girlfriends OCI status or exactly what extending the visa means. I have read the Special Marriage Act but it seems quite broad and not specific, at least not the part I read. And unfortunately all this is rather daunting, more so than actually getting married

So once again any help would be appreciated and thank you in advance
#2 Jan 28th, 2013, 23:31
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  • wonderwomanusa is offline
#2
So, another option is to go, in June, to Sri Lanka or Kathmandu and get a new tourist visa -- for as much time as they will give you, which should be at least 90 days. Then you can get married in July and deal with the rest of your situation.
The map is not the territory. --Alfred Korzybski
#3 Jan 29th, 2013, 00:00
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  • Nick-H is offline
#3
Do not even think about overstaying your visa. You are about to enter into a long and happy relationship with India, and you must not start it by blotting your copybook with the immigration authorities.

So, the visa is the thing that says when you stay and when you go, whether it is back to UK (where you should easily get another 6-month tourist visa) or to another country.

Do not sweat the nationality stuff too much, either. Your fiance is resident here, that is what counts. The Special Marriage Act is about mixed religions and/or non-religious marriage. Muslims marry non-Indian-residents too: if conversion is within your sights, you can do the religious thing.

Either way, you should get your marriage registered (Special Marriage Act, it will be, it happens at the same time as the wedding) for dealing with authorites in the future. Your fiance is a British passport holder already; it is not difficult for a non-Indian to live here as spouse of an Indian, and I think that extends to PIO as well --- so all your options are open, and the world is your oyster
#4 Jan 29th, 2013, 00:04
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  • candycanegirl is offline
#4
The Special Marriage Act is only to do with getting a court marriage certificate. Why not get a marriage certificate in the UK since you are both citizens there? It will be less complicated for you I think. You can still plan a family/Muslim wedding party in India without worrying about all the SMA paperwork.

Go to a neighboring country before your visa expires and come back in time to plan your wedding and have your family join.

EDIT - if you are planning on living in India, then I would agree with Nick and say you should get your SMA certificate done as well.
There must be more to life than having everything. - Maurice Sendak
#5 Jan 29th, 2013, 00:12
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  • Nick-H is offline
#5
I think you'd be fine with a British marriage certificate. I don't think that the High Commission of India in UK will have any problem with it. No need for any of this apostilisification stuff that seems to be in vogue now, and wasn't much worried about when I got my first X visa and then PIO.
#6 Jan 29th, 2013, 00:12
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#6
Thanks for the suggestions.

The issue is that a registry marriage without the full blown traditional thing following pretty quickly is off the table as, being a well respected family, they have to do this publicly and properly.

I read about someone elses experiences though in that they had a registry marriage and then asap applied for an Indian spouse visa or some such in order to extend their stay. And that whilst this application was going through you are allowed to stay in country despite a tourist visa expiring. This seems like the logical step to take if this is true but it would be nice to have some confirmation. That way her immediate family could help with the registry marriage and we'd have plenty of time to fit in the full traditional marriage a short time after.

I know it seems rushed but unfortunately we both just came out of being students. In order for us to live together, and basically start a life together in the UK we need to get married asap (she is very ambitious) so waiting around is not really desirable and we have known each other for 3 years. So I am not worried about her coming back to the UK due to her UK passport. More me getting an extension visa in order to marry her properly.

Thanks
#7 Jan 29th, 2013, 00:28
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  • Overdriven is offline
#7
Sorry can I request this thread be deleted as there is no edit function or anything?

Thank you
#8 Jan 29th, 2013, 00:31
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  • Nick-H is offline
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Quote:
The issue is that a registry marriage without the full blown traditional thing following pretty quickly is off the table as, being a well respected family, they have to do this publicly and properly.
This is not an issue. You will have to go somewhere and come back with a new visa. Do that: it is not only necessary, but it will give you breathing space. Plenty of time, then, after the marriage, to register it here, either as a Muslim marriage or SMA, or to go back to UK and do a Register-Office job there.

You must get your terms right (it's a pedant's dream, this stuff!). There is no such thing as a "spouse visa" in India: you will be applying for an "Entry," or "X" visa, and yes, you can convert from a tourist visa, after marriage, without leaving the country, but
Quote:
In order for us to live together, and basically start a life together in the UK we need to get married asap
And, as you say, she is British, so no worries about that. Best go the British Register Office route then, as you won't have UK authorities looking bemusedly at an Indian certificate.
Quote:
More me getting an extension visa in order to marry her properly.
You can't. Forget it.

Tourist visas are not extendible or renewable --- it probably says that on yours somewhere, and, if it doesn't, you can find it in the India immigration stuff. This is not a big deal: it is a return flight. Financially, I know that is not a small deal either, but hey, you're getting married, and she's ambitious, the cost will soon be forgotten.
#9 Jan 29th, 2013, 00:35
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#9
Quote:
Originally Posted by Overdriven View Post Sorry can I request this thread be deleted as there is no edit function or anything?

Thank you
Oh thanks... that's quite a lot of typing wasted.

Which is why the mods, without a really good reason, will not delete threads. However, you can ask: click on the symbol on your opening post, and tell the mods why you want it deleted, or if you feel you have been indiscrete, what text you like removed.

There's an EDIT button on each post --- but it may not be available to new members.
#10 Jan 29th, 2013, 00:40
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#10
Ah yes it is not available for new members I think. Annoyingly. So I tried the report thing thanks.

Dw it wasn't typing wasted.

Ok so as I understand it I can convert from a tourist visa. You see I don't want to have to leave India and come back as that is both more time and money. If there is a way where we can avoid that then that would be ideal. If that means getting a registry marriage here and then converting my tourist visa and then getting a traditional ceremony afterwards then that would be perfect.
#11 Jan 29th, 2013, 03:32
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#11
You can not convert from a tourist visa until after you are married. So...

Quote:
If that means getting a registry marriage here and then converting my tourist visa and then getting a traditional ceremony afterwards then that would be perfect.
Yes! That would do nicely

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