Indian heritage cancelled by mother?

[Akhnaten]

Hi,

I'm a Canadian (born and raised) citizen with no dual citizenship who has a (formerly Indian, long Canadian) father. I'm wondering about myself and my father, whether we can get PIO cards (or OCI for him). Now, it should seen a no-brainer. But there's a snag. My father is married to my mother, another Canadian citizen who was formerly Pakistani (a child of Partition emigres).

Does that mean,

1. he is automatically excluded from any special status with India?
2. I am excluded from any special status with India?

The rules as written are a bit ambiguous on this point. If it's true, it's a little irritating to have Indian heritage and yet not have it, as though my mother transmits some sort of contamination.

[ravi_niu]

Indian heritage cancelled by mother?

Your mother can only apply for PIO. You can apply for oci. These are suppose your father or grandparents can prove their Indian citizenship

[Akhnaten]

Your mother can only apply for PIO. You can apply for oci. These are suppose your father or grandparents can prove their Indian citizenship

It can easily be proven that my father was once Indian.

But more interesting is your claim that my *mother* could obtain PIO status despite having been born in Pakistan. I thought that was impossible for ex-Pakistanis. In fact, it's difficult for *me* to apply for a visitor's visa these days due to my mother's former nationality.

[ravi_niu]

Sorry I did not read you post in complete. You mother had a Pakistani Passport and still probably retains Pakistani Nationality, since Pakistan allows dual nationality. She is not eligible for PIO.

In your case it should be different, since you have Indian heritage father. There fore you are eligible for both PIO and OCI.

"Person Of Indian Origin (PIO)

The new PIO Card Scheme, 2002, is in operation since 15th September, 2002. All persons of Indian origin who are in possession of the passport of any other country except Pakistan, Bangladesh, Afghanistan, Nepal, Bhutan, China, Sri Lanka or any other country specified by the government, are eligible for PIO Card if:
He/She had any time held an Indian passport.
He/She or either of his/her parents or grand parents or great grand parents was born in India or permanent resident in India provided neither was at any time a citizen of any other specific country.
He/She is a spouse of a citizen of India or a person of Indian origin covered under 1 & 2 above.
Iranian nationals of Indian Origin can be granted PIO card after MHA approval."

Many Indian officials themselves don't know the rules since they are complex. Again granting an OCI is the prerogative of the Indian Govt. They may just not choose to extend it to you.

That said the official cannot refuse your application but has to adjudicate it

[Akhnaten]

Sorry I did not read you post in complete. You mother had a Pakistani Passport and still probably retains Pakistani Nationality, since Pakistan allows dual nationality. She is not eligible for PIO.

In your case it should be different, since you have Indian heritage father. There fore you are eligible for both PIO and OCI.

"Person Of Indian Origin (PIO)

The new PIO Card Scheme, 2002, is in operation since 15th September, 2002. All persons of Indian origin who are in possession of the passport of any other country except Pakistan, Bangladesh, Afghanistan, Nepal, Bhutan, China, Sri Lanka or any other country specified by the government, are eligible for PIO Card if:
He/She had any time held an Indian passport.
He/She or either of his/her parents or grand parents or great grand parents was born in India or permanent resident in India provided neither was at any time a citizen of any other specific country.
He/She is a spouse of a citizen of India or a person of Indian origin covered under 1 & 2 above.
Iranian nationals of Indian Origin can be granted PIO card after MHA approval."

Many Indian officials themselves don't know the rules since they are complex. Again granting an OCI is the prerogative of the Indian Govt. They may just not choose to extend it to you.

That said the official cannot refuse your application but has to adjudicate it

Interesting. My mother became a Canadian at a time when dual nationality was not permitted in Pakistan, but I'm guessing that PIO would still not apply to her, despite having ancestry in a part of present-day India.