oci

[h singh]

hi everyone, my question is i am indian nationality and i have 3 years leave to remain and i am married in uk with pakistani british girl and i have 2 kids they have british citizen. last week i went to indian embassy to apply oci cards for my kids so they can travel any time to india and they required visa travel to india and they can stay longer much they want because we are planing to send my kids to india for study but the indian embassy they reject my application the reason they said the mother of kids is pakistani born so they cant apply for oci card not my wife and my kids is well and even they they are not ready to give long terms visa or student visa is well. they said we cant give visa more then 3 months because my kids they are born in uk and they hace british citizen and father means me have indian nationality so my friends they said my kids have rights to apply for oci cards but indian embassy they are not agreed with this and they rejecting my application because mother is born in pakistan. so please any good advice for me plz in future if we decide to move back to india for permanent sattlement then what we gonna do because they are not reday to give more then 3 months visa for my family so i am worried about this have i need to see any solicitor plz help me anyone on this matter thank you

[geriatrix]

If you limited leave to remain in the UK (i.e.- not yet a British citizen), how can you or your children apply for OCI?

When you are granted British citizenship, you may then apply for OCI if you qualify. If you are eligible for OCI, then the children will also be eligible for OCI because for minors to be eligible only one parent needs to be eligible for OCI.

Your wife is not eligible for OCI as she holds (or, in the past, has held) Pakistani citizenship. So, in case you ever decide to return to India for good, with your Pakistani-British citizen wife, she will need to apply for an appropriate visa.


See also FAQs.


regards

[h singh]

ty for u reply but teh oci is only for those people they hold the 2 passport indian and british they have need to surrender his or her indian passport in indian embassy then they can apply for oci. the oci is just a card for travel to india and i dont need to apply for this because i already have indian passport because indian nationality person are not eligable for dual passport so they surrender the indian pasport and then they can apply for oci.the problem is indian embassy they mention in the website the oci card is eligable for those people if his/her parents or grandparents are indian nationality. so my kids they have indian father and the grandparents are indian and they are residence in india. because i am indian and my kids have rights to apply for indian nationality we cant apply for the passport because its new indian law no one can apply for dual passport so they have rights to apply for the oci i knew we cant apply for my wife because pakistani born.

[geriatrix]

See section 7A of the Indian Citizenship Act. It clearly mentions that a minor child holding foreign citizenship is elgible for OCI only when either "foreign national" parent qualifies for one (OCI).

In simple words,
You wife doesn't qualify for OCI as she holds Pakistani nationality.
You do not qualify for OCI as you are still an Indian citizen.
Therefore, your children are not eligible for OCI at the moment (only possible after you acquire foreign nationality).


regards

[h singh]

ty very much for advice i agreed with u thanks again

[h singh]

Ok but i am indian national they r my kids is well and they have no any rights behalf of me they cant get long term visa not even student visa y they are treat them like pakistani this is fair in your opinion they said mum is pakistani then what about my nationality i am indian and nearly 3 months ago my wife she applied to cancel her pakistani nationality in pakistani embassy we are still waitng for the certificate of her nationality cancelation from the embassy and now she holding only british passport and now i just want to know i am indian national person y they r not giving visa long term or student visa to my kids thanks

[geriatrix]

Your children are British nationals - and may apply for any visa that they are eligible for. Whoever has told you otherwise has given you wrong advice and there is nothing on the VFS website to suggest that they cannot.
As and when they become eligible for OCI (after you acquire British nationality) and are granted the status, they will not need any visa to live / study in India.

As for your wife, she will not be eligible for OCI even if she renounces her Pakistani citizenship.