OCI form - An Issue

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Singh6

Registered Users (C)
A friend of mine and her two children are USCs but her spouse is still Indian Citizen.

She want to apply for OCI under family category (means not as an individual) so besaically she will have to exclude her spouse but the online Indian form requires her to fill information of her husband as well who is still an Indian citizen and hence 'is not eligible for any OCI etc.

She doesn't want to experience any delays/uncertainties or any temp rejection because of this glitch.....Is there any issue with it? How should she persue? any advice..What if she doesnt enter any information of her Indian citizen husband .... Please advice...
 
I sent in my application for myself and my son only. My wife is a British national and even though her parents live in India, she is not eligible for OCI. She will be applying for PIO later (has a valid visa for now). When I applied for our OCI, I did send in a family application. I left the spouse area blank (did not fill it in). I also spoke with the Travisa folks and they told me that it is okay to apply this way. For my son's application, I sent in copies of my cancelled Indian passport, copies of my American passport, copies of my renunciation certificate, copies of my wife's american passport, copies of my wife's citizenship certificate and copies of her drivers license (showing current address). I also had her sign in the Part B section (not where it says spouse signature, but under where the minor section), per advise from Travisa folks.

Hope this helps.
 
complexity said:
I sent in my application for myself and my son only. My wife is a British national and even though her parents live in India, she is not eligible for OCI. She will be applying for PIO later (has a valid visa for now). When I applied for our OCI, I did send in a family application. I left the spouse area blank (did not fill it in). I also spoke with the Travisa folks and they told me that it is okay to apply this way. For my son's application, I sent in copies of my cancelled Indian passport, copies of my American passport, copies of my renunciation certificate, copies of my wife's american passport, copies of my wife's citizenship certificate and copies of her drivers license (showing current address). I also had her sign in the Part B section (not where it says spouse signature, but under where the minor section), per advise from Travisa folks.
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Similar situation for me when I had applied for myself and minor son only. I also did not fill in any details for spouse in the online form. Rule of thumb for family applications is to only enter details of those who are eligible and are applying for OCI.

Also, if you are applying for yourself and minor child(ren) only but not for your spouse, do make sure your spouse still does sign at the end of Part B (Item 24) even if the spouse is not applying for OCI. It apparently is required for both Part B Item 24 as well as the Application for Minor(s) declaration under Item 24. See this thread.
 
complexity said:
I sent in my application for myself and my son only. My wife is a British national and even though her parents live in India, she is not eligible for OCI. She will be applying for PIO later (has a valid visa for now). When I applied for our OCI, I did send in a family application. I left the spouse area blank (did not fill it in). I also spoke with the Travisa folks and they told me that it is okay to apply this way. For my son's application, I sent in copies of my cancelled Indian passport, copies of my American passport, copies of my renunciation certificate, copies of my wife's american passport, copies of my wife's citizenship certificate and copies of her drivers license (showing current address). I also had her sign in the Part B section (not where it says spouse signature, but under where the minor section), per advise from Travisa folks.

Hope this helps.
Click to expand...

Why can't you apply for an OCI card for your wife? Since she can show that her parents are citizens of india shouldn't it be OK?
 
Singh6 said:
A friend of mine and her two children are USCs but her spouse is still Indian Citizen.

She want to apply for OCI under family category (means not as an individual) so besaically she will have to exclude her spouse but the online Indian form requires her to fill information of her husband as well who is still an Indian citizen and hence 'is not eligible for any OCI etc.

She doesn't want to experience any delays/uncertainties or any temp rejection because of this glitch.....Is there any issue with it? How should she persue? any advice..What if she doesnt enter any information of her Indian citizen husband .... Please advice...
Click to expand...

1 Fill the information of the persons who are applying for OCI.
2 if apply OCI for Child then Part B must be signed by Both Parents and Names should be written)
 
complexity said:
I sent in my application for myself and my son only.
My wife is a British national and even though her parents live in India, she is not eligible for OCI.
------------------- If her Parents were or are Indian Citizen then she is Eligible for OCI.
She will be applying for PIO later (has a valid visa for now). When I applied for our OCI, I did send in a family application. I left the spouse area blank (did not fill it in). I also spoke with the Travisa folks and they told me that it is okay to apply this way. For my son's application, I sent in copies of my cancelled Indian passport, copies of my American passport, copies of my renunciation certificate, copies of my wife's american passport, copies of my wife's citizenship certificate and copies of her drivers license (showing current address). I also had her sign in the Part B section (not where it says spouse signature, but under where the minor section), per advise from Travisa folks.

Hope this helps.
Click to expand...
--------------------
 
Interesting that two of you are saying that my wife is eligible for OCI. I called Travisa two times, and they said she is not eligible for OCI. They said that for her to be eligible for OCI, atleast one of the parents needs to be a non resident Indian eligible for OCI. It's kind of like how an Indian citizen couple living in the US having a child who is an American but is not eligible for OCI! Does this make sense?
 
Hi complexity and JPBoston... Thank you very much for this valuable advice... we were in a limbo otherwise as we were thinking that why Travisa will guide us when the online form we are supposed to submit is actually available on Indian Government website only, i.e. https://passport.gov.in/oci/OnlineOCIRegistrationG.jsp

Hi gundas... I think you misunderstood the question... my friend (she) is applying for OCI but her Spouse (him) CAN NOT, as he is still an Indian Citizen... Thanks
 
complexity said:
Interesting that two of you are saying that my wife is eligible for OCI.
I called Travisa two times, and they said she is not eligible for OCI.
----They are WRONG. She is eligible for OCI if she was born to Indian Citizen or person of India Origin.
They said that for her to be eligible for OCI, atleast one of the parents needs to be a non resident Indian eligible for OCI.
--------------The info they gave is for Child. if one apply for Child OCI then one of the parent should be former Indian Citizen or Person of India origin who got the Citizenship of other country. your wife is ADULT she has UK Citizenship and her parents were born in India and that makes her eligible for OCI.

It's kind of like how an Indian citizen couple living in the US having a child who is an American but is not eligible for OCI! Does this make sense?
--------------- if both the Parents of Child are still Indian Citizen then child can only get PIO.
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if your wife was born to Indian Citizens and is Adult and got US citizenship or UK Citizenship or Canada Citizenship...... then she IS Eligible for OCI and CAN apply OCI


I don't know full details of your Wife if she was Born in India or UK or Canada or US or Her parents are/were Indian Citizen. did she has Indian passport in past? where she was born?


**** Travisa is NOT Indian Government or Ministry of Home affairs. You should search the guidelines for OCI and it has been posted many times and is available on Indian Consulate sites and you can search for OCI Eligibility.
http://www.cgihouston.org/Brochure.html
http://www.cgihouston.org/FAQOCI.html

http://mha.nic.in/foreigDiv/OCI.html
 
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My wife was born in UK. She never held Indian citizenship. She has always been a British national. Her parents never held any other nationality other than Indian citizenship.

Based on the link you posted, FAQ 32 states as follows:

32. Will foreign-born children of PIOs be eligible to become OCI?
Yes, provided one of the parents is eligible to become OCI.

At this point, neither of her parents are eligible for OCI. So Travisa was right in that she is not eligible for it, yes?
 
complexity said:
My wife was born in UK. She never held Indian citizenship. She has always been a British national. Her parents never held any other nationality other than Indian citizenship.
------She is ADULT born to Indian Citizen parents and I think she is Eligible for OCI
Based on the link you posted, FAQ 32 states as follows:

32. Will foreign-born children of PIOs be eligible to become OCI?
Yes, provided one of the parents is eligible to become OCI.

At this point, neither of her parents are eligible for OCI. So Travisa was right in that she is not eligible for it, yes?
Click to expand...
------------------
 
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Go to this link of Travisa for OCI Requirements Guidelines
https://indiavisa.travisaoutsourcing.com/oci/guidelines
Then enter below Info
Current Nationality: United Kingdom
Have you ever been Citizen of Bangladesh or Pakistan and Answer:NO
State of Residence: Enter the state(I entered New York)
Service Type:NEW OCI CARD (Adult)


Please select this service if you would like to apply for an OCI card as an adult and you do not hold a PIO card.

A New OCI card for an applicant who DOES NOT hold a PIO card is given to a non-Indian national who:

* Was eligible to become a citizen of India on January 26, 1950 or later, or
* Was a citizen of India on, or at any time after, January 26, 1950, or
* Belonged to a territory that became part of India after August 15, 1947, or
* Is a child or grandchild of a person who meets any of the criteria listed above.

------------
If you do not have an Indian passport and you are applying for OCI on the basis that your parents and/or grandparents were Indian nationals, then you must enclose the following documents:

* Your birth certificate (in which your parent's name is mentioned) is required. If you are applying as the grandchild of an Indian national, then you must submit your birth certificate as well as your parent's birth certificate. All submitted birth certificates must show the parent's names clearly so that it establishes the relationship with your parents and grandparents, AND
* Copy of your parent/grandparent's Indian passport, OR
* Copy of your parent/grandparent's domicile certificate issued by the competent authority, OR
* Copy of your parents OCI cards, OR
* Any other document that provides sufficient evidence of your parent/grandparent's Indian citizenship, such as a notarized copy of school certificate and a land ownership certificate by which eligibility may be reasonably ascertained. The decision of whether to accept this type of document as proof of your parent/grandparent's Indian citizenship will be made by the Consular Officer and will be final in such cases.
 
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