512. If PIO Card canceled will I have to leave India immediately . . .
Questions: Dear Sir,
My wife is Russian citizen, She is currently living on PIO. We have been applying for the divorce and further she want to live
in India. She has been staying in India already more than 3 years. My question is Does MHA change the Visa type from PIO to
Working or Student visa if she works or study here. ? and How much time of gap MHA/ FRRO will provide to foreigner to
leave the country after cancellation of PIO.
I would be thankful if you reply me for this curiosity which will help me for the decision .
*Warm Regards*
Ankit Srivastava
Answer: MHA does not follow the routines of PIO holders and do not automatically know that a foreign spouse holding a
PIO card has divorced or is in the process of getting a divorce. Generally this is on an honor system. The PIO card holders
are supposed to notify the MHA in case of divorce or separation.
When a person of Indian origin and a foreign spouse apply for PIO card, they generally agree to notify the authorities in
case of divorce or separation. The authorities then cancel the PIO card issued to the foreign spouse.
MHA does not change PIO to some other type of visa unless the foreign spouse applies for such a visa and meets the
criteria to qualify for the other type of visa.
How the FRRO deals with a case depends on the circumstances of the case in question. In a case where people voluntarily
surrender their PIO cards due to divorce, I’m sure they would not expect the person to leave the country immediately and
may look at the circumstances and offer guidance on how to proceed. It is best to contact the FRRO and seek assistance.
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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