490. Foreign spouse staying in India

after cancellation of PIO Card

Question: Hello, Thank you for your helpful website. "If spouse of a citizen of India or a person of Indian origin is applying for PIO card, an undertaking from both will be required stating that in case if separation/ divorce the PIO card will be surrendered for cancellation;" (citation from your website). I have a question, if after divorce PIO card is not valid, how the former holder of PIO card can stay and work in India further. If this person has own property in India, but doesn't have PIO card any more, what legal rights does this person have in India? Can he/she continue to live in own property in India without PIO card or does he/she have to sell this property and leave India? Is there way out of this situation? Thanks, Regards Answer: In the event of divorce, the foreign spouse holding PIO card is required to 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. While PIO Card is a long term visa for India, there are also other types of visas that allow foreign citizens to visit and stay in India legally. The best course for a spouse under such circumstances would probably be to approach the appropriate authorities and try to legalize their stay in India by applying for a different type of visa. FRRO offices may be able to guide foreigners in this regard. Remember, many foreigners do live and work in India legally with other types of Indian visas such as for example, business or work visas. Furthermore, under India’s citizenship laws, foreigners can also apply for Indian citizenship once they meet the residence requirements. Here is an excerpt from The Citizenship Act: By Naturalisation (section 6): Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfils other qualifications as specified in third schedule to the act, 1955 (source: http://indiancitizenshiponline.nic.in/Ic_GeneralInstruction.pdf) NOTE: I doubt that the intent of the Government of India when it comes to cancellation of PIO card of a foreign spouse in case of divorce is to discourage couples from divorcing. Marriage and divorce are personal decisions. The law is to discourage marriages of convenience that occur solely for the purpose of getting a foreigner a PIO card. Some people may use such situations to take advantage of a foreign spouse by scaring them that they could get them removed from India. If you are a foreign spouse facing the threat of loosing your PIO card, you may be better off approaching the proper government authorities and seek their help in legalizing your status in India and give you time to settle your affairs.