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Old Feb 21, 2016 | 3:08 am
  #20  
B747-437B
25 Years on Site
 
Join Date: Aug 2000
Location: Exile
Posts: 16,063
PIO / OCI limbo

My wife currently has a PIO card which she is eligible for via descent from her grandfather (who was never an Indian citizen, but was a British citizen born in pre-Independence India).

The local Indian High Commission in her country of citizenship (who issued her PIO card and also endorsed it last month with "lifetime validity") says that PIO cards continue to be valid and that the physical PIO card now grants OCI status effective from 2015. Converting the PIO card to an OCI card is highly recommended, but is not mandatory. However, she is not able to convert her PIO card to an OCI card as she is not eligible to apply for OCI status.

She is not eligible for OCI status for multiple reasons :
  1. Her grandfather from whom PIO status is derived was never a citizen of India, nor was eligible to be a citizen of India on 26JAN50 (pre-deceased). The status of birth in what subsequently became India was sufficient to obtain PIO status, but not OCI status.
  2. She has been married to an Indian citizen for less than 2 years. This was sufficient to obtain PIO status, but not OCI status which requires 2 years of marriage.
  3. Her country of citizenship does not permit dual citizenship. This was no issue with PIO status, but is a requirement for obtaining OCI status.

We have spoken to multiple Indian consular posts and they give contradictory answers. Some state unequivocally that the PIO card remains valid indefinitely, while others state equally unequivocally that the OCI card is mandatory for travel after 01APR16.

She is not able to apply for a tourist visa as she already has PIO status endorsed on her passport with lifetime validity. The local High Commission says they cannot issue tourist visas unless she applies to relinquish her PIO/OCI status, which is a complex process.

Does anyone know for certain (viz. via a GoI gazette or similar press release put out by the Central Government - not just a consular post interpretation which varies from post to post) :
  1. Whether the PIO card is still valid for travel to India after 01APR16?
  2. Whether the OCI status is automatically conferred on someone who previously held PIO status even if they were not previously eligible to hold OCI status?
  3. If (2) is correct, how does that reconcile with people who were hitherto PIOs and whose citizenship does not permit them to hold dual citizenship, considering that OCI requires that the citizenship held permits dual citizenship in some form?
  4. What is the least painful way for her to travel to India after 01APR16?
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