Canadian (with military service) married to Indian Citizen / OCI - dilemma??

[HarkiranKaur]

I am a Canadian woman (Canadian born) with no Indian ties, and I married an Indian citizen who is still living in India. We were married in Srinagar Kashmir and the marriage was registered under Hindu Marriages Act in J&K High Court in September 2015. Our plan is for me to move there with him eventually full time. However I have recently been made aware of a serious concern regarding this.

The correct application used to be PIO card (?) based on spouse's citizenship in India. This has now been removed and I am told I must apply for OCI (after a stated two years wait period stated on the HCI Canada website where it says the marriage must subsist for two years prior to the application). For now I have applied for entry Visa for 5 years validity (the maximum it can be applied according to HCI Canada website). Then after 2 years marriage I will apply for the OCI if elligible as his wife.

I had thought this was ok, but I was recently shown a FAQ page that says anyone with foreign military service (current or retired) is NOT eligible for OCI. (screenshots attached)

Here is my dilema:

1. I would like to live with my husband in India full time eventually and not have to go back to Canada periodically to re-apply for Visas!

2. I also currently serve in the Canadian Navy. My military service ends next January (2017). However the answer to that question 35 in the FAQ says "current OR retired" foreign military service are inelligible!

I do not remember the PIO card application stating anything about military service in a foreign country making someone inelligble, and PIO used to be the card that spouses of Indian citizens applied for.

I also could not find this prohibition on military for OCI anywhere else other than this FAQ page! In the eligibility page for OCI on HCI Canada website it does not mention this, It only mentions ties to Pakistan etc as making one inelligible.

So, as a Canadian caucasian girl, married to an Indian man who still lives in India, am I elligible to get OCI (after the 2 years) so I can stay there with him long term? Or am I doomed to always have to travel back and forth between Canada and survive on temporary Visas because of my military service to Canada? This would obviously not be ideal especially if we start a family!!

Does my marriage to him override the issue of military service, or does the military service override the marriage eligibility meaning I can never live in India full time?

Thanks in advance for the information! I am really worried about this now as we were planning on trying for a family soon and without any sort of stable future, I am fearing we shouldn't be bringing a child into the world if "Mom" has to be exiled to Canada periodically to re-apply for visas! That is just not good stability for starting a family! And as we are both 40 now, we don't have a lot of time left!

Please see the OCI FAQ located here - question 35 is the military clause:

http://mha1.nic.in/pdfs/oci-faq.pdf

[ctdesi]

OCi Delimma

Hi,

I see your situation requires a professional evaluation and this forum would not be a good place to get answers to such questions. I will suggest taking appointment with the Indian embasy, or speaking directly with CKGS (although that can be a nightmare in itself). You can also search up any lawyers or even travel agents who specialize in OCI applications.

All the best and I hope you get the right answers.

[proonindiandoc]

I am a Canadian woman (Canadian born) with no Indian ties, and I married an Indian citizen who is still living in India. We were married in Srinagar Kashmir and the marriage was registered under Hindu Marriages Act in J&K High Court in September 2015. Our plan is for me to move there with him eventually full time. However I have recently been made aware of a serious concern regarding this.

The correct application used to be PIO card (?) based on spouse's citizenship in India. This has now been removed and I am told I must apply for OCI (after a stated two years wait period stated on the HCI Canada website where it says the marriage must subsist for two years prior to the application). For now I have applied for entry Visa for 5 years validity (the maximum it can be applied according to HCI Canada website). Then after 2 years marriage I will apply for the OCI if elligible as his wife.

I had thought this was ok, but I was recently shown a FAQ page that says anyone with foreign military service (current or retired) is NOT eligible for OCI. (screenshots attached)

Here is my dilema:

1. I would like to live with my husband in India full time eventually and not have to go back to Canada periodically to re-apply for Visas!

2. I also currently serve in the Canadian Navy. My military service ends next January (2017). However the answer to that question 35 in the FAQ says "current OR retired" foreign military service are inelligible!

I do not remember the PIO card application stating anything about military service in a foreign country making someone inelligble, and PIO used to be the card that spouses of Indian citizens applied for.

I also could not find this prohibition on military for OCI anywhere else other than this FAQ page! In the eligibility page for OCI on HCI Canada website it does not mention this, It only mentions ties to Pakistan etc as making one inelligible.

So, as a Canadian caucasian girl, married to an Indian man who still lives in India, am I elligible to get OCI (after the 2 years) so I can stay there with him long term? Or am I doomed to always have to travel back and forth between Canada and survive on temporary Visas because of my military service to Canada? This would obviously not be ideal especially if we start a family!!

Does my marriage to him override the issue of military service, or does the military service override the marriage eligibility meaning I can never live in India full time?

Thanks in advance for the information! I am really worried about this now as we were planning on trying for a family soon and without any sort of stable future, I am fearing we shouldn't be bringing a child into the world if "Mom" has to be exiled to Canada periodically to re-apply for visas! That is just not good stability for starting a family! And as we are both 40 now, we don't have a lot of time left!

Please see the OCI FAQ located here - question 35 is the military clause:
http://mha1.nic.in/pdfs/oci-faq.pdf

first of all, you are disqualified because any current or discharged foreign army defendent unit or police officers is not eligible for OCI. second, foreign spouse apply base on Indian origin is forever waiting list. what my suggestion is apply 5 years Entry visa from Canada, you at least can stay in India continue for 5 years

- - - Updated - - -

Hi,

I see your situation requires a professional evaluation and this forum would not be a good place to get answers to such questions. I will suggest taking appointment with the Indian embasy, or speaking directly with CKGS (although that can be a nightmare in itself). You can also search up any lawyers or even travel agents who specialize in OCI applications.

All the best and I hope you get the right answers.

not really. i will have the professional and final answer

[HarkiranKaur]

first of all, you are disqualified because any current or discharged foreign army defendent unit or police officers is not eligible for OCI. second, foreign spouse apply base on Indian origin is forever waiting list. what my suggestion is apply 5 years Entry visa from Canada, you at least can stay in India continue for 5 years

I don't want to have to be 'exiled' back to Canada every 5 years for the rest of my life! (Can you imagine when I get older... if I am in my 70's etc having to fly back to Canada to apply for new Entry Visas every 5 years? Obviously Entry Visa having a maximum of 5 years means it is NOT meant for moving to India long term!) Can't they be extended while IN India indefinitely I thought I read somewhere in 5 year increments? Anyway, how is that any sort of stability for raising a family if I always have to keep coming back to reapply?? Also, I could never work on an entry Visa. Though I wonder if my husband 'hires' me (he does his own business), then I could maybe get an employment Visa which would last for as long as the employment does... which could be indefinitely. But basically, can you see me having to leave my children and husband behind (and leaving him having to work AND childcare while I am gone) to fly back to Cnada for several months to re-apply for a new entry visa? That is NOT a good setup for a family / spouse!

Here is why that military rule is unfair:

1. Up until the merger of PIO with OCI, foreign spouses got PIO. And there was NO issue with foreign military service making someone not eligible for PIO.

2. As a result, many foreign spouses (who have had foreign military service) already had PIO! They can now switch their PIO to OCI without any issue. (
My friend in California falis an example as proof! She has US military service. She had PIO due to her husband being Indian. And now since PIO is no more, she transferred it to an OCI. So she currently has OCI, and has foreign military service!!

3. This means that only new applications for foreign spouses are being affected. Because obviously everyone up till now could get PIO (and hence switch it to OCI) based on spouse being Indian citizen, even if they DO have military service. This is outright discrimination on new marriages! And also proves that India doesn't have an overall issue with spouses who have foreign military service, being in the country and having OCI. I imagine there are MANY MANY examples as many countries have mandatory military for a year!

4. I will be in the country anyway! What does it matter which piece of paper I have? If my military service is a huge risk, why allow me entry at all??

Based on the above, we plan on petitoning in court. The IRONY in all of this is this:

Only Kashmiris (and those who marry a Kashmiri male) can avail Permanent Residence certificate in Kashmir! Not even Indians from other states can get it unless it's a woman who married a Kashmiri male. (If a Kashmiri woman marrys out of state she actually LOSES her PRC!). So my husband petitioned for me to get PRC in Kashmir through J&K High Court. And the petition was ACCEPTED! This means I will have permanent residence certificate in Kashmir, but can't even get a long term solution to live there!

Not looking forward to those trips in my 70's and 80's back to canada to reapply for entry visas!!! If I am physically unable at some point to fly back (due to age and health) to re-apply what will happen to me??

[proonindiandoc]

I don't want to have to be 'exiled' back to Canada every 5 years for the rest of my life! (Can you imagine when I get older... if I am in my 70's etc having to fly back to Canada to apply for new Entry Visas every 5 years? Obviously Entry Visa having a maximum of 5 years means it is NOT meant for moving to India long term!) Can't they be extended while IN India indefinitely I thought I read somewhere in 5 year increments? Anyway, how is that any sort of stability for raising a family if I always have to keep coming back to reapply?? Also, I could never work on an entry Visa. Though I wonder if my husband 'hires' me (he does his own business), then I could maybe get an employment Visa which would last for as long as the employment does... which could be indefinitely. But basically, can you see me having to leave my children and husband behind (and leaving him having to work AND childcare while I am gone) to fly back to Cnada for several months to re-apply for a new entry visa? That is NOT a good setup for a family / spouse!

Here is why that military rule is unfair:

1. Up until the merger of PIO with OCI, foreign spouses got PIO. And there was NO issue with foreign military service making someone not eligible for PIO.

2. As a result, many foreign spouses (who have had foreign military service) already had PIO! They can now switch their PIO to OCI without any issue. (
My friend in California falis an example as proof! She has US military service. She had PIO due to her husband being Indian. And now since PIO is no more, she transferred it to an OCI. So she currently has OCI, and has foreign military service!!

3. This means that only new applications for foreign spouses are being affected. Because obviously everyone up till now could get PIO (and hence switch it to OCI) based on spouse being Indian citizen, even if they DO have military service. This is outright discrimination on new marriages! And also proves that India doesn't have an overall issue with spouses who have foreign military service, being in the country and having OCI. I imagine there are MANY MANY examples as many countries have mandatory military for a year!

4. I will be in the country anyway! What does it matter which piece of paper I have? If my military service is a huge risk, why allow me entry at all??

Based on the above, we plan on petitoning in court. The IRONY in all of this is this:

Only Kashmiris (and those who marry a Kashmiri male) can avail Permanent Residence certificate in Kashmir! Not even Indians from other states can get it unless it's a woman who married a Kashmiri male. (If a Kashmiri woman marrys out of state she actually LOSES her PRC!). So my husband petitioned for me to get PRC in Kashmir through J&K High Court. And the petition was ACCEPTED! This means I will have permanent residence certificate in Kashmir, but can't even get a long term solution to live there!

Not looking forward to those trips in my 70's and 80's back to canada to reapply for entry visas!!! If I am physically unable at some point to fly back (due to age and health) to re-apply what will happen to me??

rule is rule, and i can tell you your application is 100% will be rejected and send back without service, maybe by whatever relationship to CG, your application still fall into black hole in Delhi. you can not believe my professional and insisted to apply, good luck.

[HarkiranKaur]

rule is rule, and i can tell you your application is 100% will be rejected and send back without service, maybe by whatever relationship to CG, your application still fall into black hole in Delhi. you can not believe my professional and insisted to apply, good luck.

Can you stay in India indefinitely on Entry Visa? Like can it be renewed indefinitely while there? I mean, how can I live with my husband in India without needing to come back to Canada all the time?? Can the FRO in Srinagar keep extending the entry Visa or is there a limit to how many times or how long it can be extended?

What if I have a child and the child is born in India? That will be another tie to India, and it would be wrong to force a Mother away from her children every time to reapply for visas... There must be some solution for spouses of Indian Citizen to replace PIO. PIO did not exclude military service. I hope they have not just deicded that Indians can't marry someone who had military service at all (or else they must live outside India)??

Case in point there are currently MANY MANY people residing in India right now with their Indian spouse, who had military service in a foreign country before... but they were under PIO and now those PIO were changed to OCI without question.

[proonindiandoc]

Can you stay in India indefinitely on Entry Visa? Like can it be renewed indefinitely while there? I mean, how can I live with my husband in India without needing to come back to Canada all the time?? Can the FRO in Srinagar keep extending the entry Visa or is there a limit to how many times or how long it can be extended?

What if I have a child and the child is born in India? That will be another tie to India, and it would be wrong to force a Mother away from her children every time to reapply for visas... There must be some solution for spouses of Indian Citizen to replace PIO. PIO did not exclude military service. I hope they have not just deicded that Indians can't marry someone who had military service at all (or else they must live outside India)??

Case in point there are currently MANY MANY people residing in India right now with their Indian spouse, who had military service in a foreign country before... but they were under PIO and now those PIO were changed to OCI without question.

you may contact the FRO at the time in India. sorry for your situation

[JIJU]

Dead End

The New OCI program is totally against the New India that Narendra Modi is announcing to the World. Many India Citizens are marrying Citizens of other countries. Many of thos countries have standards that require military service for a minimal period of time. And many young people join voluntarily to gain education benefits. This new OCI rules about military will cut back on many rupees of revenue to India.

[JIJU]

you may contact the FRO at the time in India. sorry for your situation

There is no way to overcome this situation except to get a Tourist VISA and travel out of the country once every six months

[Su125]

We’re you able to get OCI. Any luck . Please update as I’m in similar situation.