OCI Eligibility for European Wife/ Child - Married less than 2 years

[OCI_For_Family]

Greetings!!

I'm Indian and my wife is a Spanish national. We both live in India, we are legally married on December 2013 in Chennai and my wife has a valid work visa in India till September 2015. Currently we both came to Spain for the birth of our first child (born in Aug).

I would like to apply for OCI card for my wife and child so they can travel back to India to live with me. I read the rule that since we complete 2 years of marriage in Dec 2015 (3 months short), we cannot apply for OCI for my wife, although we can apply for OCI for my new born baby. Wrote to consulate, but getting vague answers instead of yes or no.

Questions:
1. Do you know of any exception to this rule of 2 yrs marriage completion before OCI can be applied for spouse?
2. If not, can my wife visit India on Tourist visa and then apply for OCI while in India? And once she get her OCI, can she continue living in India without leaving the country?

Please advice, thank you.

[manovani]

OCI under foreign spouse category

OCI for under foreign spouse category is not activated yet by the government even though the present law permits to do so.
I got to know this information only when I went to apply for my husband physically in Chennai last week but when we phoned the FRRO before going there, staffs at help desk in Chennai confirmed us we are eligible.
However, we have submitted the application but they did not confirm whether they will accept or not.
It's a waste of time because you have to renew your DD every 3 months.

If your in Spain now, your wife can apply for X-Visa which will be valid for 6 months and thereafter it can be renewed in India every year.