Can my spouse and children, who are not of Indian origin, also apply for OCI status?

Answered by

A Agarwalla & Co.

Published At July 4, 2024

Answer

Yes, your spouse and children who are not of Indian origin can apply for OCI (Overseas Citizen of India) status under specific conditions outlined by the NRI Immigration regulations.

  • Spouse Eligibility: A foreign spouse of an Indian citizen or an OCI cardholder is eligible to apply for OCI status if their marriage has been registered and has subsisted for at least two years immediately preceding the application. This means that your spouse needs to have a legally recognized marriage with you for a continuous period of two years before applying for the OCI card​.
  • Children Eligibility: Minor children of foreign origin are eligible for OCI status if both parents are Indian citizens or if one parent is an Indian citizen. This includes minor children whose parents may have been eligible to become Indian citizens or belonged to a territory that became part of India after August 15, 1947. The eligibility extends to children, grandchildren and great-grandchildren of such persons​.

However, certain exceptions apply. OCI status cannot be granted to individuals if they or their parents, grandparents or great-grandparents have been citizens of Pakistan or Bangladesh.