130. Can a foreign spouse get

OCI

Q: Dear Sir, I am an Indian Citizen by Birth and Hold Indian Nationality viz Indian Passport and leave in INDIA permanently. I have been married to my wife, who is a European national (Non-Indian, Original Foreigner) since March 2007 in INDIA. My wife has been residing in India with me since our marriage on Residential Permit issued by the Additional Commissioner of Police and F.R.O Special Branch of our city. She have gone to her home country as we were were expecting, my question is. Are my wife and new born eligible for OCI card, or Do they have to apply for PIO card? I have read from the Official website information of Ministry of Home Affairs that spouse is eligible for OCI card. (The following is been taken from frequently asked Questions (FAQs) 4. Can the spouse of the eligible person apply for OCI? Yes, if he/she is eligible in his/her own capacity. But I dont understand what does “own capacity” means exactly? Is my wife who stayed in INDIA for almost 3 years (since our marriage) is eligible in her own capacity? Should I apply straight for an OCI card or I have to apply for PIO card? as we intend to reside in India permanently, and We want to get it done abroad coz we have heard its faster and easy. I have mailed couple of time to Indian Embassy but never got ANY reply, we called the India Embassy in her country, and someone answered that my wife can file for OCI, but he didint sound confident and he also added its lunch hours and he was not the right person to ask. thanking you in advance A.A.Pandya A. Your wife cannot apply for OCI and should apply for a PIO card. Foreign spouses of non- Indian origin cannot apply for OCI. The Official website information of the Ministry of Home Affairs is quite clear on this issue, 'Own Capacity' means that if your wife was applying as an independent person, she should be able to qualify on her own. Had any of your wifes parents or grandparents been a citizen of India after January 26, 1950 or had belonged to a former territory (Goa, Daman & Diu, Dadra & Nagar Haveli, Sikkim and Pondicherry) that became part of India after August 15, 1947. She could have applied and qualified on her own capacity. Let me try and put it in simpler words, for foreign nationals applying for OCI, their parents or grandparents citizenship can help but not their husbands. Update: Yes! now foreign spouse can apply for OCI effective January 6, 2015. For more information see article titled: Recent changes announced by the Government of India for OCI and PIO cards. >>