Krishna seshu (Analyst) 01 January 2012

Indian citizen marrying foreign national

Hi Every one,

Happy New year to all the members of this Forum.

I am a 28 year old working professional settled in Hyderabad. My distant family relatives are citizens of Brazil, there has not been regular contact between my family and thier family for quite long time except me and my uncle's daughter. We liked each other and wanted to get married. We have obtained the consensus from our parents who have agreed to this relation since this will help to reunite the family relation which has been going quite thin over the years. My uncle's family visited India during 2011 January, when both the families have decided to perform the marriage in this year.My uncle's daughter has also agreed to relocate to India, she is about to complete her graduation in the filed of Nutrition.

I would like to seek experts advise regarding:

the process involved for the performance of the marriage.
her legal right to stay in India.
procedure to obtain stay in India and also to work.
obtaining the permanent residency / citizenship.
Indian Passport.

Since I do not posses any knowledge in the immigration law I would appreciate if some one can guide me appropriately regarding the legal process.

Thank you

Krishna.

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2 Replies

Kumar Doab (FIN) 01 January 2012

Kindly look into the following links:

https://www.mha.nic.in/uniquepage.asp?ID_PK=335)

https://www.indianembassy.nl/pg187000.htm

https://www.immihelp.com/nri/pio-vs-oci.html

A person can qualify for a PIO card by virtue of former Indian citizenship, Indian ancestry, or marriage; it is of course possible to qualify by more than one route, and indeed by all three. With respect to national origin, the only explicit restriction applies to those who qualify by ancestry.

The Notification of the PIO Card scheme dated 19th July, 2002 (on the MHA website https://www.mha.nic.in/uniquepage.asp?ID_PK=335) states that a person is eligible for PIO Card if:

1. He/She at any time held an Indian Passport; or

2. He/She or either of his/her parents or grand parents or great grand parents was born in an permanently resident in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any country as may be specified by Central Government from time to time; or

3. He/She is a spouse of a citizen of India or a Person of Indian Origin as mentioned above.

There is no mention of any restrictions with respect to the citizenship of the card holder, although as we all know cards are not issued to citizens of the neighbouring countries or Afghanistan.

It shall be appropriate for your to be in laws to consult embassy in brazil.