158. Moving back to India
Q: I have a question on my mother returning to India.
My mother is 79 years old and left India in 1955 and now holds British citizenship, although she lives with me in the USA. Due
to my marital situation she has to return to India to live with her sister. However, we no prove that she was born in India
except her passport states place of birth as Sailkot, India. We have no birth certificate or her old Indian passport and we are
having trouble applying for an OCI and the NRI card (they are rejecting everything without proper documentation). Can you
please offer some advise.
Sincerely,
(Name withheld)
A. I would suggest that you not apply for OCI for your mother but try to get a PIO card for her. Requirements for PIO card are
slightly lower than OCI.
To get a PIO card a person has to satisfy ONE of the following conditions:
Has any time held an Indian Passport; or
He/she or either of his/her parents or grand parents or great grand parents was born in and permanently resident in India
as defined in the Government of India Act, 1935 and other territories that became part of India thereafter; or
who is a spouse of a citizen of India or a Person of Indian Origin as mentioned above.
Even if your mother can find a old Indian passport, it would help. Pay close attention to No. 2 condition as I am sure that your
mother should be able to perhaps with the help of your sister in India get some kind of affidavit that your mothers parents
were Indians. In this regard look for any type of proof that they lived in India.
The Indian consulate in your area cannot approve OCI or Visas without required documentation, but if you approach them and
make a request on compassionate grounds to help your mother, I would hope someone at the Indian consulate may be able to
guide you on how to proceed in this matter. I sincerely hope this helps.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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