Greater Flexibility Ahead for Foreign Spouses of Indian Nationals Seeking to Convert Visas

The situation

The Indian government announced that foreign spouses of Indian nationals married outside of India will soon be able to convert their tourist visas to dependent visas.

Background

Currently, foreign spouses of Indian nationals who are married abroad may face difficulty converting their tourist visas to dependent visas. The visa manual states that a tourist visa can only be converted to a dependent visa when the marriage takes place in India and when the marriage is registered with the validity of the tourist visa used to enter India for marriage.

A closer look

• New rule. The new rule will allow foreign spouses under tourist visas to convert to a dependent visa in India irrespective of the location of the wedding ceremony.
• Exceptions. Nationals of Pakistan, Afghanistan, Sudan and Iraq, citizens of Pakistani origin and stateless persons will not be eligible for the visa conversion method and will remain subject to the current limiting conditions.

 

Impact

Foreign spouses of Indian nationals will find it easier to convert to dependent visa status and will not have to leave India to do so.

Looking ahead

It is currently not clear when the new law will go into effect or how it will be implemented. Fragomen will provide updates with additional details as they become available.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].