Q.936 Cancellation of PIO after divorce

Question: Dear NRI Info, Your web site is very helpful. I hold a PIO and may be getting divorced. My Indian wife is threatening to have my PIO cancelled if we divorce, seize our jointly owned land and have me deported. I run a charity (orphanage) in Punjab, and besides jointly owning land our children are in boarding school in Ooty and I pay their fees. Does the recent Govt circular about making PIOs lifetime stop automatic cancellation of PIOs upon divorce? http://boi.gov.in/content/person-indian-origin-pio I look forward to your reply Regards, Nigel Answer: The circular you mention grants OCI to PIO card holders but they still have to apply for OCI in lieu of PIO which is given free of cost, but applicants must be eligible for OCI when applying. When you applied for PIO card on the basis of the Indian status of your wife, there was a requirement where the applicants would abide by a rule that stated that in the event of divorce, the foreign spouse holding PIO card would notify the authorities and the authorities would take steps to cancel the PIO card. This does not mean that on loosing the PIO card the person would be instantly required to sell their property or immediately leave India. Don’t wait for your wife to go through with her threat to get your PIO card canceled. You should contact the authorities and advise them of your divorce or separation status. Approach the authorities voluntarily as this will indeed help you in trying to legalize your stay in India. There are several other visa options to stay in India, continue to hold property and be with your children. You should be able to get guidance from the FRRO or if you prefer consult with a lawyer familiar with immigration laws. As soon as possible take steps to legalize your stay in India by applying for a different type of visa. Keep in mind that foreigner’s can acquire citizenship of India by naturalization after completing the residency requirements in India. However their stay in India must be legal and not as an illegal migrant. [Citizenship of India by naturalization. Section 6] About three years ago, in question number 490 on NRI Information, I had answered a similar question. Perhaps you can check it by clicking HERE
CONTINUE TO HOLD PIO CARD AFTER DIVORCE If a PIO Card holder foreign spouse of a citizen of India or a person of Indian origin fails to notify the authorities of a change in their marital status (separation/divorce) then the PIO card they hold would perhaps be considered to be invalid by the authorities if they became aware of the situation. Remember at the time of PIO card application in such cases, an undertaking is taken from both husband & wife that in case of separation/divorce the foreign spouse’s PIO card will be surrendered for cancellation.
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. © Copyright 2006 Nriinformation.com
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CONTINUE TO HOLD PIO CARD AFTER DIVORCE If a PIO Card holder foreign spouse of a citizen of India or a person of Indian origin fails to notify the authorities of a change in their marital status (separation/divorce) then the PIO card they hold would perhaps be considered to be invalid by the authorities if they became aware of the situation. Remember at the time of PIO card application in such cases, an undertaking is taken from both husband & wife that in case of separation/divorce the foreign spouse’s PIO card will be surrendered for cancellation.
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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. © Copyright 2006 Nriinformation.com
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Q.936 Cancellation of PIO after

divorce

Question: Dear NRI Info, Your web site is very helpful. I hold a PIO and may be getting divorced. My Indian wife is threatening to have my PIO cancelled if we divorce, seize our jointly owned land and have me deported. I run a charity (orphanage) in Punjab, and besides jointly owning land our children are in boarding school in Ooty and I pay their fees. Does the recent Govt circular about making PIOs lifetime stop automatic cancellation of PIOs upon divorce? http://boi.gov.in/content/person-indian-origin-pio I look forward to your reply Regards, Nigel Answer: The circular you mention grants OCI to PIO card holders but they still have to apply for OCI in lieu of PIO which is given free of cost, but applicants must be eligible for OCI when applying. When you applied for PIO card on the basis of the Indian status of your wife, there was a requirement where the applicants would abide by a rule that stated that in the event of divorce, the foreign spouse holding PIO card would notify the authorities and the authorities would take steps to cancel the PIO card. This does not mean that on loosing the PIO card the person would be instantly required to sell their property or immediately leave India. Don’t wait for your wife to go through with her threat to get your PIO card canceled. You should contact the authorities and advise them of your divorce or separation status. Approach the authorities voluntarily as this will indeed help you in trying to legalize your stay in India. There are several other visa options to stay in India, continue to hold property and be with your children. You should be able to get guidance from the FRRO or if you prefer consult with a lawyer familiar with immigration laws. As soon as possible take steps to legalize your stay in India by applying for a different type of visa. Keep in mind that foreigner’s can acquire citizenship of India by naturalization after completing the residency requirements in India. However their stay in India must be legal and not as an illegal migrant. [Citizenship of India by naturalization. Section 6] About three years ago, in question number 490 on NRI Information, I had answered a similar question. Perhaps you can check it by clicking HERE
CONTINUE TO HOLD PIO CARD AFTER DIVORCE If a PIO Card holder foreign spouse of a citizen of India or a person of Indian origin fails to notify the authorities of a change in their marital status (separation/divorce) then the PIO card they hold would perhaps be considered to be invalid by the authorities if they became aware of the situation. Remember at the time of PIO card application in such cases, an undertaking is taken from both husband & wife that in case of separation/divorce the foreign spouse’s PIO card will be surrendered for cancellation.
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