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What happens on divorce or death of spouse to PIO card?
01-May-2023 (In Documentation Law)
I am a foreigner and I am married to an Indian citizen. My concern is can a foreigner hold Person of Indian Origin (PIO) card in case of divorce or death of an Indian spouse. The PIO card have to be submitted for cancellation. But, what if tomorrow something happens to my husband and we have children born in India, who have Indian citizenship. What do we do about it? How, I, as their mother can stay in India and take care of them as well as property and business I acquire while I have my PIO card.
If spouse of a citizen of India or a person of Indian origin is applying for PIO card, an undertaking from both will be required stating that in case if separation/ divorce the PIO card will be surrendered for cancellation
In the event of divorce, the foreign spouse holding PIO card is required to notify the authorities and the authorities would take steps to cancel the PIO card. This does not mean that on loosing the PIO card the person would be instantly required to sell their property or immediately leave India
The best course for a spouse under such circumstances would probably be to approach the appropriate authorities and try to legalize their stay in India by applying for a different type of visa.
In the event of divorce, the foreign spouse holding PIO card is required to notify the authorities and the authorities would take steps to cancel the PIO card. This does not mean that on loosing the PIO card the person would be instantly required to sell their property or immediately leave India
The best course for a spouse under such circumstances would probably be to approach the appropriate authorities and try to legalize their stay in India by applying for a different type of visa.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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