OCI for Minor

[middletier 1]

Hi All,

I am applying OCI for my child who is 16 years old and need advise on the below.

for minor asking for parents passports/marriage certificate or if separated court order about child custody. In my case we are separated and court granted divorce but ex wife didn't ask for child custody as she left child 5 years ago and since then child is under my custody only. As ex wife didn't ask for daughter custody hence court order only mentioned about divorce only but OCI guidelines says that the court order must state about child custody . so I am thinking to put the court divorce order and write a letter stating the fact that child is with me for past 5 years and I am 100% caretaker. Or simply submit marriage certificate and my passport copy. so can you all please advise what's the best way to apply OCI for my child.

Thanks in advance

[middletier 1]

Hi All,

Thanks in advance and I really appreciate your valuable suggestions please.

[middletier 1]

Hi All,

Thanks in advance for your time and support.

I am applying OCI for my child who is 16 years old and need advise on the Minor Parents custody query below.

For minor OCI, required parents passports/marriage certificate or if separated court order about child custody. In my case we are separated and court granted divorce but ex wife didn't ask for child custody as she left child 5 years ago and since then child is under my custody only. As ex wife didn't ask for child custody hence court order only mentioned about divorce only but OCI guidelines says that the court order must state about child custody . so I am thinking to put the court divorce court order and write a letter stating the fact that child is with me for past 5 years and I am 100% caretaker. Or simply submit marriage certificate and my passport copy. so can you all please advise what's the best way to apply OCI for my child.

I really appreciate your help on this regard.

Thanks

[meself2]

Don't create several topics about a single query - stick to this one.

[middletier 1]

Noted and can you please advise regarding my query
Thanks

[meself2]

I can't - I have never been an Indian citizen.
Other people eill add their insight if they know more, or you can ask Indian authorities?

[middletier 1]

I understand 'meself2' and I am looking forward for any members who can advise me on my query. Thanks

[BashirB]

Before going into more details, on what basis is the OCI being applied? That is key.

If your child had an Indian passport before, then she can apply on her own right without giving those details.

If she is applying on your basis, then you can still apply with a cover letter - These have been accepted.

However, if she is applying on basis of her mother being an Indian (or her maternal grandparents), then you need evidence of custody.

If I recall correctly, this will not be an issue once she is 18 years old and considered an adult in her own right.

[middletier 1]

Thanks for your response BashirB.

Yes my child had an Indian passport before but she can't apply on her own as she is under 18 so need to apply as minor where they are asking about the parents passport copies, marriage certificate and if separated court order about child custody. As ex wife didn't ask for child custody hence court order only mentioned about divorce only but OCI guidelines clearly says that the court order must state about child custody . so I am thinking to put the court divorce order and write a cover letter stating the fact that child is with me for past 5 years and under my custody as I am 100% caretaker. please advise

I really appreciate if valuable members/seniors add their valuable suggestions please

Thanks in advance

[BashirB]

It might be worth waiting another 18 months and applying on her own right. That way, you avoid all the hassle. In case you need to go before then, you can apply eVisa.

If you do want to apply for OCI, you can omit the divorce bit altogether (at your own risk). While your marriage was registered in India (I presume), your divorce hasn't. You and her were both Indian citizens, so process is easier.

The reason why they ask details of parents, grandparents etc all the way to 1940s is to ascertain whether additional checks are needed to identify ineligible persons. (Those who went to PK, were charged with treason etc etc).