Can foreign spouse of any OCI cardholder apply for 1 year Entry Visa?

[jirai_a_chennai]

I am a US citizen, my father was an Indian citizen. I already obtained my OCI card in 2020 as the child of a former Indian citizen (my father).

We are planning to move to India next year for a few years. I hoped to obtain OCI for the whole family (spouse and child) prior to going but it seems that won't be possible now as VFS keeps rejected my wife's OCI applications (see my other thread).

Can my wife apply for the Entry Visa (1 year period) as the spouse of an OCI cardholder (me, who obtained OCI through my father)?

Both the CGI NY website and VFS form say that a foreign spouse of any OCI cardholder is eligible (the only proof requested is marriage certificate and OCI card), but this was also true for her OCI application which VFS rejected.

I think if she can come on an Entry Visa then after 6 months in India she can apply for OCI card directly in India at an FRRO and we can skip dealing with VFS.

[Liberty48]

I read your other thread. Sorry for your experience. IMO, after reading 7A. Registration of Overseas Citizen of India Cardholder, she is eligible for OCI. I am referring to 7A section (d), you probably got your OCI based on section (c). Any spouse of sections (a), (b), or (c), should be able to get OCI as it says in section (d). So, why not her?

The VFS "Additional particulars forms" for Entry visa has an option "as a spouse of an Indian origin person". Based on that, I guess she is eligible for Entry visa.
Here is the link to the form: https://services.vfsglobal.com/one-p...cular-Form.pdf

You can get to that from here too: https://services.vfsglobal.com/one-p...ervices/#entry

[ST2022]

jirai_a_chennai

This is just my opinion, after reading your posts especially the rejection clause from last OCI application.

VFS is expecting first/last page of your last Indian passport showing it was properly surrendered after you acquired US citizenship. Needed if your spouse is applying for OCI thru marriage to show proof of Indian origin (of the non applying partner).

If you never carried an Indian passport (born in US) not sure your spouse will get an OCI based on marriage.

However, if you have an Indian passport worth going to properly surrender/renunciation first and refile for spouse OCI.



Check last page of the OCI checklist:

categories : Indian origin proof

https://services.vfsglobal.com/one-p...ign-spouse.pdf

[jirai_a_chennai]

I think VFS assumes that only the spouse of a former Indian citizen can apply for OCI. Yet this directly conflicts with Section 7A of the Citizenship Act (as Liberty48 pointed out).

I received my OCI under 7A(a)(iv) (child of former Indian citizen), and 7A(d) says that "spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A" is eligible for OCI. It doesn't distinguish between OCI cardholders who were former citizens, or those who received OCI through ancestry.

Anyway I have given up hope that VFS will ever pass this on to the consulate. It seems the VFS Entry Visa checklist for a spouse is less stringent than OCI so we will have to try for that.

[ST2022]

Have you tried contacting the New York consulate directly to seek clarity in your case ? Good luck, and pls share your experience on how this progresses,


2 observations on the Entry Visa :

1. The documentation will work with just OCI+marriage certificate in your case.

• If the applicant is the ‘Spouse of Foreign Origin’ of an Indian national, Person of Indian Origin or OCI Cardholder: Marriage certificate of the applicant together with Indian passport or OCI Card of the spouse.


2. The ‘Additional particulars Form’ questions 5/6 deals with applicants spouse current/previous nationality and past passport details. So worth getting clarity if you necessarily need this form or not.

https://services.vfsglobal.com/one-p...cular-Form.pdf