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Visa Issue

(Querist) 26 August 2009 This query is : Resolved 
Hi Friends,

My Query is that; An Indian Muslim boy got married an Iranian girl who basically visited India for persuing her higher education for post graduation and her Visa from Iran to India is purely based on Student Visa. Meanwhile the Indian muslim boy and the Iranian girl got married and the student visa is being expired in the next month. After their marriage they obtained a Marriage certificate from the CEO wakf board.

Now, what will be the status of Mrs.Y, who basically is an Iranian Citizen and visited India on Student Visa and inview of her marriage with Indian Muslim boy? will she become and Indian automatically inview of the marriage as per muslim personal law and whether she needs extension of her Visa which is only granted in the capacity of Student or she needs to change her Visa type to dependant Visa from student visa as she married an Indian Muslim. What happens to her status of visa which is going to be expired in the next month. Can she be booked for contravention of foreign rules under the provisions of foreigners act or rules.

Inview of marriage she has become a spouse to Indian Muslim she needs to change her visa type from student visa to dependant Visa and should stay in India with her husband.

kindly guide me for the above issue.

Kiran Kumar (Expert) 26 August 2009
Vikram, mere marriage will not allow her to stay permanently here in India.

her stay will be illegal, after the visa period.

she needs to apply for citizenship as according to law....the final decision lies with the Government of India.

A V Vishal (Expert) 26 August 2009
The person has to apply to the MHA under whose jurisdiction the case fall for a permit in the prescribed form which can be downloaded at the following link. The details of documents to be submitted are mentioned in the form.

Sarvesh Kumar Sharma Advocate (Expert) 26 August 2009
she has d citizen ship now, her husband should appy for her cotizenship.
Vikram Chandra (Querist) 27 August 2009
Dear Sir/s,

Mr.Kiran thanks for responding for my query but I think what Mr.Vishal has suggested is an appropriate method as it directly deals with my query.

Mr.Vishal, I appreciate and personally thank you for the immediate response you have given to my query. I would like to know about the MHA you mentioned and I forgot to give the details the persons are from Hyderabad, Andhra Pradesh, then which is an appropriate authority for jursidction, if you are aware kindly let me know regarding the same. Further, what will happen to her visa which is going to be expired in the next month i.e., if the process which you have suggested above takes more time then what will be the legal repurcussions on her visa?

A V Vishal (Expert) 27 August 2009
Mr Vikram

The Regional FRRO office is situated at Chennai, I suggest you to visit the Police commissioner's office at Bashir Bagh or Purani Haveli and meet the concerned officer at the Foreigners Registration Deptt. They will guide you properly. Regarding expiration you need permission from the MHA and MEA for extension of visa, else her stay is illegal and she can be deported out of India.
Vikram Chandra (Querist) 27 August 2009
Dear Vishal,

Thank you very much for your further advise. Can I have your e-mail-id or contact number, so that I can be in touch with you.


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