NRI Matters Consular Services

NRI Matters

Adoption of Children


Central Adoption Resource Authority (CARA), is a statutory body under the Ministry of Women & Child Development, Government of India. It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions. CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of The Hague Convention on Inter-Country Adoption, 1993, ratified by Government of India in 2003.


CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognized adoption agencies. In this regard, the Indian Diplomatic Missions perform the following role in inter-country adoption of Indian Children, namely: -


(1) Liaise with Central or public authorities concerned to ensure safeguards of children of Indian origin adopted by Non-Resident Indian, Overseas Citizen of India or foreign parents against neglect, maltreatment, exploitation or abuse;


(2) Interact with the authorized foreign adoption agencies and Central Authorities within their jurisdiction and organize or participate in the get-togethers of the adopted children and their parents;


(3) Recommend proposals for authorization of foreign adoption agencies for the purpose of sponsoring applications for adoption of Indian children;


(4) Issue visa to foreign prospective adoptive parents who wish to see a child in person at a Specialized Adoption Agency in India, before accepting him for adoption, after their adoption application is approved by the Authority, and also for attending the court proceedings as well as for receiving the child thereafter;


(5) Empanel and authorize social workers to complete adoption application formalities including Home Study Report in a foreign country, where there is no Authorized Foreign Adoption Agency or a Government department to deal with adoption;


(6) Register the adoption applications of Non-Residence Indian Prospective Adoptive Parents or Overseas Citizen of India in Child Adoption Resource Information and Guidance System along with requisite documents as specified in Schedule VI of Adoption Regulations, 2017 and upload post-adoption follow-up reports as in Regulation 19 of Adoption Regulations, 2017;


(7) The Indian diplomatic mission processing the adoption application, either directly or through the authorized organization, shall send progress report of the child on quarterly basis in the first year and on six monthly basis in the second year, from the date of arrival of the child in the receiving country and in case of disruption of adoption, shall take actions as provided in Regulation 19 of Adoption Regulations, 2017;


(8) Contact the Central Authority or other authorities in the receiving countries to ensure safeguards of children of Indian origin adopted by Non-Resident Indian or Overseas Citizen of India or foreign parents and in case of disruption of adoption, a report in this regard shall also be sent to the Authority at the earliest;


 

Registration and Solemnization of Marriage


Under the Foreign Marriage Act, 1969, the Embassy is authorized to solemnize a marriage between citizens of India residing abroad.


 

Requirements - When One Partner is Indian, and the Other Partner is a Foreigner: -


1) An advertisement in the newspaper (both in English and the native language of the Indian partner)in India which is widely read in the hometown of boy/girl giving the name/address and other particulars of the boy/girl, announcing their intention to marry and that if anyone has any objection to the marriage, he/she may contact the Embassy of India, Doha. Similar advertisement is also to be got published in one Qatar newspaper which is widely read on the same lines.


2) A letter from the Embassy of the country to which the foreign partner belongs, stating that the Embassy does not have any objection to the marriage of its national.


3) Photocopies of inside cover pages and other relevant pages of the passports of both partners.


4) One passport size recent colour photograph each of both the partners.


5) Marriage Declaration form (Form8B.pdf  | Form8B.docx ) to be submitted to the Consular Officer, duly signed by the partners. The Form is to be signed before the Consular Officer who would attest the same.


6) Marriage fees is to be deposited at the time of submission of the Notice of Intended Marriage (Form8C.pdf  |Form8C.doc ), other documents listed at Sl. 1 to 5 above, at least thirty days prior to the proposed date of marriage.


Requirements - When Both the partners are Indian Citizens:-


1) An advertisement in the newspaper (both in English and the native language) in India which is widely read in the hometown of boy/girl giving the name/address and other particulars of the boy/girl, announcing their intention to marry and that if anyone has any objection o the marriage, he/she may contact the Embassy of India, Doha. Similar advertisement is also to be got published in one Qatar newspaper which is widely read on the same lines.


2) Photocopies of inside cover pages and other relevant pages of the passports of both partners.


3) One passport size recent colour photograph each of both the partners. (Please See Photograph Requirements Document)


4) Marriage Declaration form (Form8B.pdf  | Form8B.docx ) to be submitted to the Consular Officer, duly signed by the partners. The Form is to be signed before the Consular Officer who would attest the same.
5) Marriage fees is to be deposited at the time of submission of the Notice of Intended Marriage (Form8C.pdf |Form8C.doc ), other documents listed at Sl. 1 to 5 above, at least thirty days prior to the proposed date of marriage.


*Note:


- An additional surcharge of QR 8 (Qatari Riyal Eight) is levied on each Service as contribution towards the Indian Community Welfare Fund (ICWF). All fees are to be paid in Qatari Riyals in Cash at the Counter along with application. Fees once paid are not refunded, even if the application is withdrawn or the service refused for whatsoever reason.


For Marriage between NRI and Foreign National which is performed outside Qatar, then the marriage has to be registered with the concerned Indian Mission/Post before such Marriage Certificate can be attested by Embassy of India, Doha.

 

Issues Related to Marriage of Indian Nationals to Overseas Indians


Q: Is there any way through which I can check the background of my overseas Indian would-be husband / wife (bride or groom)?
A:

Before you are engaged to or marry an overseas Indian, Verify the following details about the overseas Indian through your network of family, friends, relatives, local Indian Associations /Community/Organization/ NGOs etc, in India and in the country where the overseas Indian is residing;

  • To verify status of spouse as actually represented: Marital status: whether he/she is single, divorced, separated, has a live-in partner. Employment: Educational Qualification and post, salary, address of office, employers. Immigration: Type of visa, eligibility to take spouse to the foreign country, Financial status of spouse (debts if any etc.), Criminal antecedents, Family background.
  • Ask for copies of the following documents relating to the overseas Indian spouse and keep a copy with you and your parents: Permanent residence status, Visa for foreign Country, Social security number, Passport number, Tax returns of the preceding 3 years, Proof of Address in foreign country.
  • Don’ts in respect of marriages with overseas Indian: Do not trust any bureau, agents, touts or a middleman.
  • Do not agree to forge papers or enter into fake transactions for any reason or on any pretext, for going to a foreign Country. These may land you in trouble later.
  • Do not finalize marriage in secrecy. Publicizing and sharing the information about the NRI marriage amongst the family, friends and close relatives could help you in getting vital information about the overseas Indian and his family, which you may not be able to collect otherwise.
  • Do not agree to have only a registered marriage or getting the marriage solemnized in secrecy. Do not agree to the marriage taking place in a foreign country.
Q: My husband is demanding dowry and is ill-treating me after I moved with him to a foreign country. What should I do?
A:

  • First and foremost, do not accept the demand for dowry by or on behalf of your overseas Indian spouse to end your ill-treatment, abuse or desertion.
  • You can approach the nearest Indian Embassy/Consulate for assistance/advice, to file a complaint with the local police about harassment, abandonment, ill-treatment by the spouse etc. You would need to produce evidence in support of your claims.
  • The Indian Embassy/Consulate can assist and put you in touch with local Indian Association/ Organization/ local NGOs, approach the local police, contact your family/friends, etc. who could help you.
  • The Indian Mission can help you obtain initial legal/financial assistance so that you can file a case against your husband in the foreign country.
Q: What are the precautions to take after marrying an overseas Indian?
A:

  • Keep a list of important contacts in the foreign country such as neighbors, friends, relatives, your husband’s employer, police, ambulance and Indian Embassy or High Commission.
  • Photocopies of all important documents: Your passport, visa, bank and property documents, marriage certificate, wedding photos.
  • In case these documents are lost/forcibly taken away /destroyed by your spouse or in-laws, copies will be useful. If possible, keep an e- mail account, where you can save copies of scanned documents and scanned soft copies with you or/and any person you trust.
Q: What to do if abandoned by the overseas Indian spouse?
A:

  • In India, you can file a complaint/ FIR under 498A IPC on grounds of cruelty with police in local police station in the area where you were abandoned.
  • Offences committed outside India would be deemed to have been committed within the territory of India by virtue of Section 188 of Cr. P.C. Therefore, you can lodge a complaint for the same in India.
  • If your husband has abandoned you in a foreign country or harasses you abroad, you may approach the foreign police or the nearest Indian Embassy/ Consulate in the foreign country-- Employer of the husband, Local Indian Associations/ Indian Community Organizations and Friends and relatives.
Q: How can I file a case against my overseas Indian husband?
A:

  • The Ministry of External Affairs operates a scheme for giving legal/financial assistance to Indian women deserted by their overseas Indian/foreigner husbands through NGOs empanelled and legal organizations with Embassy / Consulate. Such assistance is provided through Embassy / Consulate in the USA, UK, Canada, Australia, New Zealand, Malaysia, Singapore and the Gulf countries such as Oman, Bahrain, Kuwait, Qatar, KSA and UAE. The amount of assistance provided per case under the scheme to deserted Indian women can be up to USD 3,000 in developed countries and USD 2,000 in developing countries.
  • Please contact the Welfare Officer or the Indian Community Officer of the concerned Indian Embassy/ Consulate for further details. Guidelines about the scheme and application form are at: http://mea.gov.in/legal-and-financial-assistance.htm
Q: How can I obtain counseling and legal services abroad?
A:

    Counseling and legal services are provided through credible Indian Women's Organizations/Indian Community Associations like Indian Community Benevolent Forum(ICBF), Doha. The ICBF helpline is available at +974- 4425 5727.

Q: How can I apply for legal and financial assistance provided by Ministry?
A:

    You may see the guidelines; complete the form available on the website of MEA (http://mea.gov.in/legal-and-financial-assistance.htm). The applications for providing legal aid received by the Indian Missions/Posts are examined by the Mission/Post on case-to-case basis and approved by the Mission/Post, before they are sent to Ministry. The applicant has to submit completed form and relevant documents such as,

  • Photocopy of marriage certificate;
  • Photocopy of Indian passport;
  • Declaration of annual income;
  • Declaration that no criminal case is pending against the applicant;
  • Declaration that the applicant holds only Indian Passport;
  • Details of present status of case filed; which after completing can be forwarded either to the concerned Indian Embassy/ Mission/ Post or to the Overseas Indian Affairs II (OIA-II) Division, Ministry of External Affairs.
Q: My husband is not attending criminal proceedings in India. The Indian Court has issued warrant for the arrest of my husband who is an Indian Citizen. What should I do?
A:

  • You can move an application for impounding of his passport, by sending the warrant/court order to the RPO concerned.
  • The governing rules are as below: Section 10 of the Passport Act 1967 governs impounding and revocation of passport. An application can be made to the concerned Passport Authority for such impounding or revocation in form of a simple request as no prescribed proforma is given under the Act. Sub- section (3) states that the passport may be revoked if; the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
  • Sub- section (3) (e) states that if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India. Subsection(3) (h) states that “if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has 9 been so issued or an order has been so made”.
Q: How can I search for location/whereabouts of my overseas Indian spouse?
A:

    You can contact your family, friends, neighbours etc. or Indian Associations/NGOs etc. in the country where overseas Indian resides. The list of such associations is available on the weblink http://www.mea.gov.in/legal-and-financial-assistance.htm . The Indian Embassy/Consulate may be able to help you by approaching the local authorities concerned.

Q: My husband has abandoned me and children in a foreign country, what should I do?
A:

    Contact your family, relatives and friends both in India and the foreign country and seek their help, advice or assistance. The Indian Mission, through their empanelled NGOs, local community welfare associations can assist in filing a case approaching NGOs where possible, contacting your family or seeking legal advice, provide shelter for some days, where possible. List of NGOs, lawyers, Indian Associations, in foreign countries registered/empanelled is at the weblink: A Details abraod You may contact them to seek assistance.

Registration of Overseas Electors 


Parliament has approved voting rights for non-resident Indians in elections with the Lok Sabha adopting the Representation of the People (Amendment) Bill, 2010. The new law will allow an Indian citizen residing abroad to enroll in voter’s list and exercise his franchise even if he or she remained away from place of residence in India for more than six months owing to employment, education or otherwise. However, the person will be able to exercise the franchise only if he or she is present in the constituency on the polling day.
 
Notifications to this effect have been issued by various States / Union Territory and Application form 6A (Application Form 6A and guidelines) for registration is available on the website of Election Commission as well as the State Election Commission.


 
If the application is sent by post, it should be accompanied by a photo-copy of the relevant pages of the passport containing the photograph and all other particulars of the applicant and the page containing the valid visa endorsement. These photo-copies should be got duly attested by the competent official in the Embassy. Applications without the attested photo-copies of these documents will be liable to be summarily rejected.
 
If the application is submitted in person before the ERO, the application should be accompanied by a photo-copy of the relevant pages of the passport as mentioned above. The original passport should also be produced along with the application for verification by the registration officer. The passport will be returned immediately after verification.



Particulars and postal address of the EROs are available on the website of Election Commission of India (www.eci.nic.in ) and respective State Election Office websites.


 

ID CARDS FOR EMIGRANTS


Is there any ID card for emigrant?


  • It has now been decided that with effect from 29.05.2015, each emigrant being granted emigration clearance through emigrate system shall also be issued an emigrant identity card. The ID card will have the details of foreign employer (FE)/ Recruiting Agent (RA) including name and address, MOIA Helpline numbers and Indian Embassy contact details in the country of employment.
  • The card shall be sent at the emigrant to the address given in the application for emigration clearance. To ensure the delivery of ID card, applicants (RAs/ emigrants) are requested to provide the complete address of the emigrant with postal PIN code.
  • In case the ID card is not delivered for the reason of address of the emigrant being incomplete/false, or in case of the foreign employer details being found to be incorrect or incomplete, suitable action shall be taken against the concerned RA/applicant.

 

INDIAN STUDENTS ABROAD


We are students of a university abroad. Our university is derecognized by local authorities. What should we do now?


It is advisable that you take admission in a university abroad only after ascertaining whether it is an established university and a recognized one. Information about the authenticity of the foreign educational institution can be ascertained from your contacts/ friends/ relatives abroad, if any. You can also contact the Indian Embassy/Consulate who could help you in ascertaining the genuineness of the university.


NPS FOR NRIs


Kindly refer the following link for any queries:-http://www.mea.gov.in/images/pdf/nps-for-nri.pdf


GENERAL ADVISORY OF TRAFFIC RULES IN QATAR FOR NRIs


The Ministry of Interior, Government of State of Qatar, is tasked with monitoring road safety and ensuring that everyone obeys the law. Here are some the regulations to be followed:


  • Drivers should be 18 years old and above.
  • Must have a valid driver’s license
  • Car registration, to be renewed annually
  • Everyone must wear a seat belt
  • Drive on the right-hand side of the road
  • Children under 12 years old are not allowed to sit in front of the car
  • It is illegal to talk on the phone while driving
  • It is illegal to drive while under the influence of alcohol.

All the proper documents should be in the vehicle at all times. These are important in case of accidents or other similar cases.


Over speeding is also constantly being monitored. MOI has installed speed radars all over the place for this function. Policemen also check the speed of the vehicles on the road. Thus, it is always advisable to observe the allowed speed.


The offenses of the drivers are being tracked. These carry a corresponding point, depending on the kind of offense committed. For instance, 14 points within 12 months will result in suspension of one’s license. More major offenses might lead to stiffer penalties including imprisonment or deportation. The list of driving offences and their respective penalties are listed below:-


https://www.moi.gov.qa/site/english/departments/traffic/violations/point2.doc


AADHAR CARD FOR NRIs


Q: Is it mandatory to enroll for Aadhaar to file tax returns or apply for PAN in India? If yes, then what is the process for NRIs?
A:
  • Section 139AA of the Income-tax Act, 1961 as introduced by the Finance Act, 2017 provides for mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of Permanent Account Number with effect from 1st July, 2017.
  • It is clarified that such mandatory quoting of Aadhaar or Enrolment ID shall apply only to a person who is eligible to obtain Aadhaar number.
  • As per the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, only a resident individual is entitled to obtain Aadhaar. Resident as per the said Act means an individual who has resided in India for a period or periods amounting in all to one hundred and eighty-two days or more in the twelve months immediately preceding the date of application for enrolment. Accordingly, the requirement to quote Aadhaar as per section 139AA of the Income-tax Act shall not apply to an individual who is not a resident as per the Aadhaar Act, 2016.
  • Q: Can NRIs also get Aadhaar?
    A:

    As per the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, only a resident who has resided in India continuously for a period amounting in all to 182 days or more in the 12 months immediately preceding the date of application for enrolment.

    Q: What is the list of services for NRIs/OCIs for which Aadhaar Number should not be requested by the implementing agency but alternate means to verify the genuineness of the applicant should be sought after?
    A:
  • Linking PAN and Bank Accounts with Aadhaar.
  • Linking Service Pension with Aadhaar.
  • Aadhaar based e-KYC
  • Applying for new mobile connections in India.
  • Maintaining the existing NRE & NRO bank accounts in India.
  • Registering with Jeevan Praman/Digital Life Certificate for Pension.
  • Registering with Kendriya Sainik Board Secretariat (For retired Defence Personnel).
  • Maintaining ex-Servicemen Contributory Health Scheme (ECHS)
  • Various Scholarships introduced for children of ex-Servicemen.
  • Applying for Defence Canteen Smart Card.
  • Applying for LPG Connection in India
  • Registering with e-District Service for obtaining various services from State Governments.
  • Issuance of fresh or renewal of driving license in India.
  • Appearing by students in different entrance examinations in India.
  • Issuance of certificates by Universities/Boards to students under different public examinations.
  • Applying for registration of property in India, etc. (Source: https://uidai.gov.in/images/UIDAI_Circular_reg_Aadhaar_as_identity_document_for_NRIs_PIOs_OCIs_17112017.pdf )
  • Pravasi Bhartiya Divas (PBD)


    Pravasi Bhartiya Divas (PBD) is celebrated on 9th January every year to mark the contribution of the Overseas Indian community to the development of India. January 9 was chosen as the day to celebrate this occasion since it was on this day in 1915 that Mahatma Gandhi, the greatest Pravasi, returned to India from South Africa, led India’s freedom struggle and changed the lives of Indians forever.


    PBD conventions are being held every year since 2003. These conventions provide a platform to the overseas Indian community to engage with the government and people of the land of their ancestors for mutually beneficial activities. These conventions are also very useful in networking among the overseas Indian community residing in various parts of the world and enable them to share their experiences in various fields. It was decided in 2016 that PBD conventions would henceforth be held only in alternate years. In the intervening years, a series of PBD Panel Discussions would be held on issues of relevance to India and the Overseas Indian Community. The last PBD Convention was held in Bengaluru in January 2017. The next one is due in January 2019.


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