The official OCI website notes that a spouse of an eligible person can apply if he/she is eligible in his/ her own capacity. A spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A of The Citizenship Act, 1955 and whose marriage has been registered and continued for 2 years or more immediately before applying for the card, can apply for OCI. They would require the following documents:
Registered Marriage Certificate
In case the marriage in solemnized iii a / foreign country which is signatory to the Hague Convention, 1961 and the marriage certificate has been apostilled by the authorities concerned of that country, then the said document may be accepted without any further attestation/ apostille by any other authority either in that country or in India.
If the marriage is solemnised in India, a marriage certificate issued by the Marriage Registrar is required.
In case the marriage certificate has been issued by a foreign country which is not a signatory to the Convention, Hague 1961, then the document will have to be first attested by the authority concerned in that country followed by re-attestation by the Indian Mission in that country or by the Foreign Mission concerned in India to make the document acceptable.
In the case of the spouse of an OCI Cardholder, they will need a copy of the present valid Passport of the spouse and copy of the OCI Card of the spouse and copies of the documents upon which the OCI Card was issued to the spouse.
Declaration from the Indian/ OCI Cardholder spouse stating that in case of divorce/separation/ death of the foreign spouse, it is his/ her responsibility to surrender the OCI Card to the Government of India. Only one living spouse duly fulfilling the conditions laid down in clause (d) of sub-section (1) of section 7A of The Citizenship Act, 1955 shall be registered as an Overseas Citizen of India Cardholder.
