PIO Woes
Inbam
India > Visa and Passport Questions > India Travel Basics > India Travel > Marriage related Visa Questions
#1
| Member

PIO Woes

Hi Folks,
Wondering if someone can shed some light on this situation. This is a bit lengthy, please bear with me.

My husband is an Indian Citizen and I a Malaysian. We got registered in Singapore and have a valid marriage certificate. Since trips to visit my ailing in-laws are more frequent and longer we decided to apply for PIO for me.

We applied in Malaysia and submitted along with the application form copies of..
a) my birth certificate
b) my spouse's passport
c) my passport
d) our marriage cert
e) passport sized photos

at the High Comm I was asked to fill another form with my spouse's parent's and grandparent's name, place of birth. My parents and grandfather were born in Malaysia however my grandmother was born in Sri Lanka and my husband was born in India.

2 months from the date of application I called the office and was told that my PIO was ready for payment. When I went to the office though I was told that my application was rejected as my grandmother was born in Sri Lanka [shock]

Can I be denied the PIO just because one grandparent was of SL origin even if my spouse is an Indian Citizen? When I asked if I could appeal or speak to an officer I was denied to either option.

The eligibility for PIO is as below.
1. Who is Eligible?
Ans: Any person: - who at any time held an Indian Passport; or he/she or either of his/her parents or grand parents or great grand parents was born as a permanent resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any country as may be specified by Central Government from time to time; or who is a spouse of a citizen of India;

I'm pretty sure I come under the bold option. I still don't understand why was I denied.

Thank you... Inbam

21 Replies

#2
| Gone.
Hello Inbam.

Some people don't like me quoting the Australian website - but the rules should be essentially the same everywhere - and the Australian website is one of the more clearly written and understood.

Here's the piece that matters in your case:

http://www.vfs-in-au.net/personsofin...ianorigin.html

Who is ineligible to apply for a PIO card?
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 counties or either of whose parents, grandparents or great grandparents had been nationals of these counties at any time. Please read “Cancellation of PIO Card” also.
Gone.
#3
| Maha Guru Member
Any person who is a spouse of an Indian citizen or of a person of Indian origin as mentioned above and has been for more than one year. (Please note that if marriage is later declared invalid, the PIO card will no longer be valid).

Have you been married for more than a year? If Yes, you qualify.
#4
| Gone.
No.

http://www.immigrationindia.nic.in/F..._PIO_Card2.htm


Q

Who can get PIO Card?
A

If a foreigner held an Indian passport at any time.
He/She or either of his/her parent’s or grand parent’s or great grand parents was born in India or permanently resident in India and provided that neither was at any time a citizen of any other specified country (Pakistan, Bangladesh, Afghanistan, Nepal, Bhutan, China, and Sri Lanka ).
He/She is a spouse of a citizen of India or a person of Indian origin covered in Para 1 & 2 above.
Iranian nationals of Indian Origin can seek PIO card with the approval of MHA.


http://www.indembassy.co.il/OCI-PIO....ian-origin-pio

Note:

Please note that persons who were citizen of certain specified countries or whose spouse or either of whose parents, grandparents, great-grandparents were citizens at any time of these specified countries may cause an applicant to be ineligible for a PIO cards even though they fulfilled the above criteria.
These grounds of ineligibility would be established only after receipt of application and it may not be possible to respond to queries regarding grounds of ineligibility before receiving the application.



https://indiavisa.travisaoutsourcing...pio/guidelines

You may be ineligible to apply for a PIO card if you, your spouse, parents, grandparents or great grandparents have ever held citizenship of Afghanistan, Bangladesh, Bhutan, China, Iran, Nepal, Pakistan or Sri Lanka.
Gone.
#5
| Clueless

Originally posted by: Inbam View Post

however my grandmother was born in Sri Lanka and my husband was born in India.

Can I be denied the PIO just because one grandparent was of SL origin


How old was your grandmom when she left Ceylon, and when.
#6
| Maha Guru Member
As pointed out by DrRudi, you do not qualify by strict letter of the law. You may consider filing an appeal with the Indian High Commission.
#7
| Gone.

Originally posted by: nycank View Post

How old was your grandmom when she left Ceylon, and when.


@NYC - I'm curious why you ask? As an 'interested observer' my understanding was that the OCI and PIO provisions worked on a 'four generations' basis - and that the dates or ages weren't important. Is there a way around the 'citizenship' point?
Gone.
#8
| Loud Noisy Bird
nycank asks about Ceylon. My guess is that his mind is working along "Ceylon is not Sri Lanka" lines. Lets see if he reveals more...
~
Life gets aadhar every day.
.
#9
| Clueless

Originally posted by: DrRudi View Post

@NYC - I'm curious why you ask? As an 'interested observer' my understanding was that the OCI and PIO provisions worked on a 'four generations' basis - and that the dates or ages weren't important. Is there a way around the 'citizenship' point?


Originally posted by: Nick-H View Post

nycank asks about Ceylon. My guess is that his mind is working along "Ceylon is not Sri Lanka" lines. Lets see if he reveals more...


The operant word is - citizenship of. Nearly half of bengal, and one third of Punjab has people who were born in which is now considered Pakistan and Bangladesh. They never held citizenship of either. This is a murky area. There was a court case which involved not a PIO (but an OCI, it was revoked for false statement) but some of the statements in the judgement pointed to defendents (GoI) not having clarified some finer points of the law.

Given that there have been handful of cases that have reached SCI, and a judgement has been rendered, it is a matter for finis to invoke it.

Again, just because I may be an engineer or a social scientist, or a neuropsychologist (or an economist) , I am still considered unschooled in the matters of the law and jurisprudence, I have to defer to legal opinion of the land :D citizenship and migration is not yet a settled law. That OCI is not citizenship, is settled law.
#10
| Account Closed
Surely the comparison with Bengal and the Punjab is not relevant to this case as Ceylon/Sri Lanka was never part of British India.
#11
| Clueless

Originally posted by: Dave W View Post

Surely the comparison with Bengal and the Punjab is not relevant to this case as Ceylon/Sri Lanka was never part of British India.


It was.
#12
| Account Closed

Originally posted by: nycank View Post

It was.


I am struggling at the moment to find something more respectable than these to back up my School geography memories.

http://en.wikipedia.org/wiki/Sri_Lan...ron_Commission
#13
| Maha Guru Member

Originally posted by: Dave W View Post

Surely the comparison with Bengal and the Punjab is not relevant to this case as Ceylon/Sri Lanka was never part of British India.


Originally posted by: nycank View Post

It was.


Really? :confused:

Part of the British Empire, yes, but part of India?
#14
| Account Closed
From http://en.wikipedia.org/wiki/Preside..._British_India

The term British India also applied to Burma for a shorter time period: starting in 1824, a small part of Burma, and by 1886, almost two thirds of Burma had come under British India.[6] This arrangement lasted until 1937, when Burma commenced being administered as a separate British colony. British India did not apply to other countries in the region, such as Sri Lanka (then Ceylon), which was a British Crown Colony,
#15
| Maha Guru Member
@nycank
Dave is right. The Viceroy and the Indian Civil Service never had any authority over Ceylon. On the other hand Aden was part of British India till 1937, it was in fact administered as part of Bombay Presidency. Most importantly (from my perspective) Ceylon had its own postal administration.
http://en.wikipedia.org/wiki/Postage...y_of_Sri_Lanka
Ceylon used £, s and d and later introduced a Rupee = 100 cents which was pegged to the Indian Rupee.

Burma, on the other hand, didn't have its own postage stamps till 1937 and continued to use Rupees, Annas and Pies long after it was separated from India. The same was the case with Aden.