• Foreign spouse of Indian right to stay and work

Hello,

I am citizen of Romania and am going to marry my Indian fiancee soon. He is living in India and the legal marriage would take place in my country.
Kindly advice what are the procedures to be fulfilled in order for me to be able to live and work in India, after marriage. How long can it take to be granted right to work? And can I work before getting OCI card?

Thank you!
Kind regards,
Crina
Asked 5 years ago in Civil Law

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24 Answers

See at first you need to seek X entry after same you can obtain OCI after two years and than only you can work in India legally.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

No on X entertainment visa before the card you cannot seek or take up employment.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1) you  needs work visa to work in india as  you have foreign citizenship . work visa cannot be granted for ordinary , clerical or routine jobs . applicant should be highly skilled and qualified professional

 

2) )at present rules stipulate requirement of one year continuous stay before making an application for Indian citizenship in case of grounds of marriage to an Indian citizen,

 

3) after obtaining indian citizenship you  can work in india

Ajay Sethi
Advocate, Mumbai
96967 Answers
7826 Consultations

Apply for work visa to work in India after marriage 

Ajay Sethi
Advocate, Mumbai
96967 Answers
7826 Consultations

The spouse of an expatriate can now work in India and such visas can now be converted in India itself. Similarly, an expatriate may not be required to return to his home country and obtain a new visa in case of inter-company movements.
Conversion of a dependent visa into employment visa of spouse. The spouse of a foreign national is allowed to visit India on a dependent (X) visa. The holder of this visa cannot undertake any business or economic activity or accept any employment in India.

According to a recent change, the spouse of the foreign national who is on secondment to India, can get the dependent visa converted into an employment visa in India on meeting the following conditions: The spouse has a valid employment visa; the spouse satisfies all conditions laid down for grant of employment visa in India; and the application for conversion is supported by a favourable report from jurisdictional Foreigners Registration Office.

Siddharth Jain
Advocate, New Delhi
6379 Answers
102 Consultations

Since this a inter national marriage, you can either register your marriage as per Romanian law or as per Foreign Marriage Registration Act through the office of Indian Embassy there.

2. Since you have the goal of settling in India, it is advisable to register the marriage in India as per Special Marriage Act

Devajyoti Barman
Advocate, Kolkata
23227 Answers
514 Consultations

Yes,i private organization you can get job but not in government employment. Before OCI.

 

You can marry under the foreign marriage act and registered here in India.

 

It's takes approximately 6 months to all procedure.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

- You can only work before marriage if any company offer you a job and sponsor your work permit.

- Once you obtain OCI, you can work legally with due permission of embassy.

- Marriage shall have to be solemnised and registered with Indian Embassy in Russia or in India to validate the marriage in India.

- You can feel free to connect, please check your mail

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

As soon as you solemnised your marriage in your country and received your marriage certificate you need to get your certificate authenticated from the ministry of foreign affair and get a NOC. as well.

You have to get your marriage registered in India and for that purpose you will need NOC along with the certificate and KYC document to complete the registration.

After registration of the marriage you may get long term visa to stay and this will help you for neutralisation.

You need to stay min 30 days to get marriage registration.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

Once you get married to him you can also take citizenship of India. If not interested in citizenship you can seek long term visa or dependent visa

Prashant Nayak
Advocate, Mumbai
32492 Answers
201 Consultations

1. Based on the registered Marriage Certificate for your marriage to an Indian Citizen and the Passport copy of your Husband, you have rights for a six month extendable "Visit Visa" to India, which can be used for temporary employment.

2. The above can be used till your OCI card is given to you, which usually takes 3 odd months.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You should marry him as per the custom and apply for a visa on this basis. A tourist visa may be granted initially and after that you can come and live in India. 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You have to have a Indian passport to work in a company. You can work in a small unregistered firm though.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

No OIC but resident status after residing 7 years in India. Long Visa of 5 years is provided - source Visa but under this , you cannot work. For work, business , special permission or work Visa will require.

Living on spouce Visa is not a complication but to work, you may need work Visa. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

If you are qualified and eligible , appointment in Indian companies not a problem.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear Madam,

The spouse of an expatriate can now work in India and such visas can now be converted in India itself. Similarly, an expatriate may not be required to return to his home country and obtain a new visa in case of inter-company movements.

Conversion of a dependent visa into employment visa of spouse. The spouse of a foreign national is allowed to visit India on a dependent (X) visa. The holder of this visa cannot undertake any business or economic activity or accept any employment in India.

According to a recent change, the spouse of the foreign national who is on secondment to India, can get the dependent visa converted into an employment visa in India on meeting the following conditions: The spouse has a valid employment visa; the spouse satisfies all conditions laid down for grant of employment visa in India; and the application for conversion is supported by a favourable report from jurisdictional Foreigners Registration Office.

Visa stamping on change of employer in India. A foreign national is now permitted to change his employer in India if it is approved by the ministry of home affairs (MHA).

The applications may be considered by MHA if the following mentioned conditions are satisfied: The foreign national holds a senior/skilled position in India; the change of employer is between registered holding company and its subsidiaries or vice-versa or subsidiaries of a registered holding company; and the application is supported by a certificate of holding/subsidiary relationship, a justification letter, and a no-objection certificate, etc.

Visa stamping if the company's name changes. The name of the Indian company, which sponsors the visa, is mentioned on the passport of a foreign national.

MHA has clarified that in case there is a change in the name of the Indian company on account of merger, acquisition, change in legal structure, etc, a requisite visa stamping indicating the new name of the company has to be made on the passport/visa of the foreign national.

Clarity on the definition of salary. The visa guidelines provide that an employment visa may be granted to a foreign national only if his salary is in excess of $25,000 per annum.

The MHA has clarified that for working the salary limit: In addition to salary and other allowances paid in cash, the value of perquisites like rent free accommodation, etc, which form part of salary for the purpose of calculating income tax may be taken into account.

Perquisites that are not included for calculating the income tax should not be taken into account for working out the salary threshold limit.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

Foreigners who are married to Indian citizens are issued with an X (Entry) Visa, which is a residential visa. It provides the right to live in India, but not work. This type of visa is also issued to spouses who are accompanying people who hold other types of long-term Indian visas, such as employment visas.

The spouse of an expatriate can now work in India and such visas can now be converted in India itself. ... The spouse of a foreign national is allowed to visit India on a dependent (X) visa. The holder of this visa cannot undertake any business or economic activity or accept any employment in India.

The requirement for India Employment Visa

  • Valid Passport. Your passport must be valid for six months beyond the expiry date of your travel visa and must contain two blank facing pages.
  • Photographs. ...
  • Visa Application Form. ...
  • Original Company Letter. ...
  • Additional Information Form. ...
  • Copy of Employment Contract.

 

T Kalaiselvan
Advocate, Vellore
87166 Answers
2341 Consultations

The Overseas Citizenship of India (OCI) is an immigration status permitting a foreign citizen of Indian origin to live and work in the Republic of India indefinitely. ... To apply for and use an OCI document, a holder must be a citizen of and hold a passport of another country, except that of Pakistan and Bangladesh.

The spouse of the eligible person apply for registration as OCI Cardholder
A spouse of eligible person can apply if he/she is eligible in his/ her own capacity.
Further, 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 of the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application can apply.

T Kalaiselvan
Advocate, Vellore
87166 Answers
2341 Consultations

Foreigner who are married to Indian citizens. Such a foreigner can convert his/her Tourist Visa into an X Visa by submitting relevant documents. Conversion is possible only if the partner holds a valid Indian passport..

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

you will need to obtain a valid work visa. Work visas are specially designed for foreigners who wish to join a company in India.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. You have not mentioned whether you are having Indian origin or  are born in Romania from Romanian parents.

 

2. If you are not of Indian origin then you can not get OCI card. You can apply for Indian Citizenship after staying in India for a minimum period of 11 years as per Indian Citizenship Act.

 

3. If you want to marry in India then your fiancee shall have to  stay in India for 30 days and both of you shall have to jointly apply for the registration of marriage.

 

4. Both of you shall have to submit your identity and address proof alongwith photographs.

 

5. The Registrar of marriage will send a notice to the address given by your fiancee as his address in India.

 

6. After receiving the notice, you can discuss with the Registrar and mutually settle for a convinient date of registration of your marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

1. As explained in my earlier post, you shall not get OCI card unless you are of Indian origin.

 

2. If you are of Indian origin, you can apply for OCI card even now before your marriage and it will not take a long time to get the said OCI card.

 

3. Even without getting OCI card or Indian Citizenship, you can work in any of the Indian Companies since therev are numbers of foreigners employed by Indian Companies.

Krishna Kishore Ganguly
Advocate, Kolkata
27461 Answers
726 Consultations

1. After marriage with an Indian citizen you can avail your Right to live in India on long term visa of India. 

2. Later you can apply for Citizenship by registration

In which A person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are going to marry an Indian citizen there in your country.
  2. I would like to inform you that though you are getting married there, will still make you a citizen of India as you are marrying an Indian.
  3. The only problem would be the law of marriage and divorce will only be applicable of your country, if there will be any problem in future.
  4. And yes, you can be employed by any company without even having the OCI, but that will be subject to some limited period and need to be renewed time and again.

Sanjay Baniwal
Advocate, South Delhi
5476 Answers
13 Consultations

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