OCI - Spouse arrived as a refugee

[Johnny81]

Hi Guys,

I don't know if there are any other posts on this website.

My wife moved to Canada in 1989 with her parents (she was 8 yrs old then) from Pakistan as a refugee. I moved to Canada in 2008 under Canadian government's Professional immigration program and acquired Canadian citizenship in 2012. Now, when I try to apply for my OCI, I was refused by BLS Canada (an organization that works with Indian Consulate to facilitate visa processing) because my wife landed in Canada on refugee status?

This doesn't makes any sense to me as we would never be applying for her OCI (she wouldn't be eligible anyways). Additionally, wherever I have read so far, it has been informed that if an Indian citizen takes asylum in another country, he or she would then not be eligible for OCI. In my case, my wife was never an Indian national, and still I am being told that I, who didn't move to another country as a refugee, will not be eligible.

PLEASE HELP GUYS.


Thanks in advance.

[cafeconleche]

I'd say it was a mistake to disclose the fact that your wife was a refugee. Nevermind that she wasn't from India. You're dealing with unprofessional civil servants, and as an Indian, you ought to have known this. Try to go in person and meet someone to argue your case, at this point. Also, the fact that your wife was likely born in Pakistan will not help you.

[Johnny81]

Hey Thanks for the response. I had no other option but to disclose that she came to Canada as a refugee as it is stated on the Landing paper. Additionally, she didn't have a landing passport (as refugees don't get a landing visa on their passports).

I can still apply for OCI as single (as I didn't submit my application), however, If I hide the fact that she is originally from pakistan, and then later apply for her tourist visa for India - as we both want to go visit my family later next year - It may cause issues......

[cafeconleche]

Well, the people at BLS and the Indian mission aren't always the brightest, but you really need to try to talk to them face to face and argue your point until they understand the situation that YOU are not from Pakistan, and not a refugee. What I meant when I said it's not good that your wife was born in Pakistan is that being related to someone from there, nobody is going to want to deal with you on the Indian side, and their gut instinct will be to refuse everything. I didn't say that you could hide her origin. I just said it wasn't going to do you any favours. As for her refugee status, it would have been wise to plead ignorance as to how she got Canadian residency. That's what we did regarding my mother who is Indian, but was a derivative asylee. There just wasn't any other way. Nowadays, they don't ask how one first got US permanent residence when applying for an Indian visa or OCI. Your wife isn't a Canadian citizen yet?

[Johnny81]

thanks buddy. she is Canadian citizen for over 20 years now. Is there a process for pleading ignorance for residency? thanks again.

[cafeconleche]

Well, my question is where they ask for her status before she was a Canadian citizen. I couldn't find that in the requirements. Why did you tell them that? Now that they know, you can't plead ignorance!

[Johnny81]

You can't hide it as providing the landing document of spouse and spouse's landing passport are mandatory documents for the application. So, I guess we will just apply visa for India and suck it up! until law changes around this policy.