Is a spouse married to indian citizen is indian ?


Is a spouse married to indian citizen is Indian  and can apply for indian passport.

My wife is from nepal and we got married in nov 2013. Is she can apply for a passport .She has aadhaar card , bank account in india but she is born in nepal and  her parents are from nepal.

 
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Advocate

Dear, I think she can apply for Indian if she can show some documents .... Please call and discuss ... Kapil Chandna Adv 9899011450
 
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Under Section 10, you can apply for new domicile, regarding the religion we will have to see the caste and refer various marriage act. 

 
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Normally if the wife stays with her husband for 5 years in India, she is entitled to Indian passport

 
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CEO

if she has Indian VISA at least for 3 years your work wil be done.  Here is what I suggest.:

 

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330. Foreign spouse of Indian citizen must qualify for OCI on own capac. Here is what I can suggest: 1. You should apply for a PIO card for your wife. If she is already in India with her three year visa she can apply for PIO card in India. 2. PIO card is valid for 15 years. Later on she can think of applying for Indian citizenship once she completes the residency requirement. In case she has proof of Indian origin by connection to other relatives, she may be able to apply for OCI. Just by being married to an Indian citizen does not make her eligible for OCI. She must prove here eligibility for OCI on her own capacity. However you need not worry if she is not eligible for OCI, the PIO card is just as good and for people who have a foreign spouse, PIO card is perhaps the best possible route to live in India. Information on PIO card is provided HERE When you view the form, you will get all the information regarding the procedure to apply and documents to submit. Good Luck! UPDATE Foreign spouse may now be able to apply as effective January 06, 2015 rules changed. Under new rules some foreign spouses will be eligible to apply for OCI. See below: ‘spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section: Provided that for the eligibility for registration as Overseas Citizen of India cardholder, such spouse shall be subjected to prior security clearance from a competent authority in India .If you appreciate this answer please click the thank you button on this forum.

 
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Legal Adviser

You have enough explaination to be explained, no more suggestion is required.

 
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