214. How to apply for OCI when

visiting India

Question: Dear Mr. Chand I have a situation where me & my family who is Canadian citizen have to move back to India in reference to that i need your help to make some decision As we do not have enough time to complete OCI process , we are planning to travel to India with visit visa, and then apply for OCI while in India , by doing that will there be any issue as not sure when we can return back ( for sure it would be more then 1 years stay ) Is there any time frame to apply OCI , form India ? As travelling on Visit visa , do i have to register for stay more than 180 days with local police authorities in India ? By not returning back on visit visa which would be for 6 months, are we defaulter ? fr chetan Answer: When you apply for OCI from within India, it is important is that the applicant be in the country legally. That is you must have a valid visa to be in the country while your application is processed. So if you plan to apply for OCI from within India, you should do it as soon as possible to ensure that you get it before expiry of your visiting visa. While the chances are that you should be able to get your OCI within a few months time there are no guarantees of the time frame to get OCI in India. A number of things can go wrong and require resubmission of documents etc. To be on the safe side it would be advisable to get at least a one year visa. If your visitor visa expires in India and you do not get your OCI 'U' visa, your stay in India may be deemed to be illegal. Tourist visa to India is valid only for six months and if you plan to stay longer you have two options. Get a long term visa or get a PIO card which is normally processed in approximately two weeks if all documentation is correct. Unless you are able to get OCI visa in India, In the event of continuous stay in India exceeding 180 days you would be required to register with the nearest Foreigners Regional Registration Office. NOTE: PIO Card Fee Reduced! From Dec 1, 2010 PIO card fee has been reduced from Cdn $480 to Cdn $330. Those who have already paid the higher fee won't get a refund so don't waste time on this issue.