Q.1307 OCI loss after divorce

and implications . . .

Question: Dear Sir, I am a Belgian national and I married an Indian in 2002. I divorced on 2011. I had a PIO and later an OCI. The newest OCI was issued on 2014. I went to the Indian Consulate for some formality and they insisted that I have to return OCI as I am divorced. I donot agree as I have investments in India, a PAN card and connections with India. And I believe it is a right I earned and it cannot be taken away. - Can I refuse to return my OCI card? - If I want to appeal to a higher authority, who should I contact? - If the Indian authorities cancel my OCI card, do I loose my PAN card and other advantages? Thank you, regards, Answer: Regarding your questions: • Can I refuse to return my OCI card? o Your refusal to return OCI card would not mean that your OCI card would continue to be valid. Regardless of whether you return your OCI card or not, the authorities would cancel your OCI as soon as they become aware of the divorce. o When OCI is granted to a foreign spouse on the basis of being married to an Indian origin person, they sign a statement as part of their OCI application that in case of divorce the OCI card issued to the foreign spouse would be returned to the authorities for cancellation. • If I want to appeal to a higher authority, who should I contact? o Everyone has an option to approach the court for relief but you would face an uphill battle. Courts can apply rules, not change them. OCI rules clearly specify cancellation of OCI in case of divorce. • If the Indian authorities cancel my OCI card, do I loose my PAN card and other advantages? o PAN has nothing to do with OCI, I believe your PAN should be fine. o Any benefits that can be availed by OCI holders would be lost as you would no longer have OCI status. OCI rules clearly specify that the foreign spouse of an Indian national who qualified for OCI on the basis of marriage must surrender their OCI card to the nearest Indian Mission abroad (or in India FRRO) in case of divorce. Holding of OCI card after divorce is considered to be a punishable offence. Since you have investments in India and obviously wish to continue to visit India in future, you should take steps to ensure that you abide by the rules and not risk being denied visas in future. Even without OCI you could visit India by getting approved tourist or business visas as applicable to your situation.