My husband is a lebanense citizen and i am indian, we have been married since june last year and i am also expecting a baby in jan next year. My question is will having the baby hasten the Indian citizenship process for my husband as we were informed next year he will get oci after two years of marriage , will having baby expidate the process of his getting citizenship and if it does how soon can he get it.
Thank you so much for writing to us.
For the common understanding of our fellow readers, we would like to briefly explain the concept of an Overseas Citizen of India (OCI). As per Section 7A of the Indian Citizenship Act, 1955 the Central Government grants an OCI Card to a person who is a citizen of another country but, was/ was eligible to be a citizen of India at the time of/after the Constution or whose parents/grandparents were the citizens of India. A person is also eligible for an OCI who is a citizen of another country, but belonged to a territory which is now part of India. Minor child (i.e. a person below 18 years) belonging the persons above mentioned or to the parents who are resident of India or whose one parent is a resident of India is also eligbile to get an OCI.
As per the guidelines of Ministry of Home Affairs, a spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder 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 is also eligible for registration as OCI cardholder.
The main reason why any person applies for an OCI is that it acts as a life-long visa for visiting/staying in India and a person who has been registered as an OCI for five years and has resided in India for one year is eligible for Indian Citizenship.
Coming to your query, we do not think that your pregnancy or delivery will hamper or quicken the process of getting the OCI Card for your husband. The law only requires your husband to provide the evidence of present citizenship, a copy of the VISA he has received, evidence of the citizenship of yours (applicant's spouse), your marriage certificate and any other proof substantiating the applciation. You can obtain OCI Card for your child by submitting separate individual application after the birth of the child. The ministry's website (https://passport.gov.in/oci/) does not mention the requirement of disclosure of spouse's pregnancy as requirement for OCI and hence it does not ammount to a concealment of material fact.
The birth of a child neither delays, nor expediates the process.
Hope we were able to answer your query. In case you are still not satisfied, you can enquire at email@example.com. This is Ministry's official helpdesk email id.
Let us know if we can assist you further. All the best for your application.
Answered by: Sammanika Rawat, Researcher.