@ Elina,
1. The PIO card is valid for 15 years.
2. If any foreigner obtains a PIO card by virtue of being a spouse of an Indian national or of a PIO, and later on he/she divorces the Indian/PIO spouse, both parties must inform the authorities for cancellation of PIO card.
3. Even if otherwise, it comes to the notice of PIO issuing authorities that any such PIO card holder has divorced his/her Indian/PIO spouse, the authority concerned may cancel his/her PIO card.
4. Ask your existing spouse to recall both of you already have given an undertaking at the time PIO card application a wording such as - "If spouse of a citizen of India or a person of Indian origin is applying for PIO card, an undertaking from both will be required stating that in case if separation/ divorce the PIO card will be surrendered for cancellation;"
5. If your PIO card is still valid (see para 1) then opt for Mutual Consent Divorce procedure with existing Indian spouse as envisaged and surrender the card and fresh apply on grounds of re-marriage with Indian Muslim spouse. Average minimum time for Mutual Consent Divorce as per existing Law of the land is 6 months with three personal presences at the concerned Court; admission hearing, first joint statement and at second joint statement recording motions.
6. You cannot marry an Indian Muslim while your first Indian marriage is still subsisting without divorce to retain PIO card and such acts are illegal as per our Laws and you may be subjected to deportation.
7. Here are the legal technical process flow where you are not breaking any existing Citizenship Act Laws of the land:-
- Jointly hire an advocate
- Apply for mutual consent divorce.
- Give joint statement during first motion and get allowed your first motion by concerned Court.
- Wait for 6 months and again present yourself to Court to give joint statement and get allowed second motion followed by its Judgment and Decree Sheet prepared and given free of cost to both of you then and there.
- Next day of decree in mutual consent divorce proceedings technically you are free to get re-married with a major age person of your choice. Marry the Muslim man in your life. Get a True Copy of the Nikahnama certificate issued from the Kaji.
- Apply for Certified Copy of Divorce Judgment as well as Decree Sheet.
- Once you receive Certified Copy of Judgment and Decree sheet in mutual consent divorce proceeding approach concerned Ministry to surrender your PIO Card and simultaneously apply for re-issue of PIO card with changed marriage STATUS tagging along statement by the Muslim second husband.
- During all these phases you have not broken any Rule of Law nor Authorities can depart you. Technically your Russian citizenship saves you great deal as per bilateral understanding between two countries both nationals can stay for 5 years however you have employment status in India too (you are mentioning Consultant under your profile name!) as well as Law of Limitation read with above process already followed will never come as a Bar not to get you revised STATUS Changed PIO card issued read with a PIO card is valid for 15 years period all these if you are still insisting for PIO status by virtue of earlier marriage divorced and then remarried and still applying for an PIO status !. I am aware this PIO status gives you royal stay in India for 15 years against recent Tourist Visa amendment which is valid for 3 months and or medical visa which is valid for 1 year and so on so forth Guidelines that we have and are aware of J
Illustration:
The example of Yana Gupta a Chez. citizen who earlier had PIO status on grounds of marriage to Satyakam Gupta. After her recent divorce she surrendered her PIO status and remained un-married yet immediately got registered under existing Employment contract status with a record label she signed contracts with to launch her own record in English before re-entering into Bollywood movies.
As added insight stated here; among those who have been staying in India and working on an employment visa are Katrina Kaif (UK citizen), Adnana Sami (Pakistani citizen) and his second wife (German citizen), Deepti Naval (US citizen), Salma Agha (UK citizen) and offcourse PIO status surrendered and now on employment visa case of Yana Gupta (Czech citizen).
8. An Advocate knowing all about PIO / Citizenship Laws read with International Law can come handy to your immediate needs. Check out his caliber and after due diligence hire him on retainership basis to streamline your Mutual Consent Divorce followed by re-issuance of PIO card on re-marriage ground with an Indian Muslim husband only if you want to continue retaining PIO re-status otherwise your employment status in India post first divorce is itself valid grounds to extend stay in India as per set employment contract is my colly. view to your enquiry before us.
9. If everything as advised worked well in your case then zip 1kg. Indian sweets to Admin. Of LCI legal forum portalsite to have helped a damsel in distress J
Also refer to one of my earlier reply post on PIO enquiry;
https://www.lawyersclubindia.com/forum/what-happens-to-a-PIO-card-holder-in-case-of-divorce-31849.asp
