I am Canadian Citizen and so is my wife. I want to apply for OCI (Overseas Citizenship of India) for myself but they are asking my wife's Indian passport, landing papers etc. My wife was a refugee from India and she does not have old Indian passport or surrender certificate. Why can't I get OCI for myself if my wife was refugee from India? It is not her applying for it. What should I do? Should I just hide my marital status? Is there a way they can find out? I was not married in India.
1. Never lie on an immigration application. That should be the number 1 rule. "Hiding" isn't a solution IMO. If they eventually find out, they will revoke your OCI registration and you could be blacklisted from going back to India.
You have to talk this through with BLS and/or the consulate.
Visit the email/phone # of the consulate and contact them to understand what exactly is to be done in this case. Generally, if you are married (irrespective of whether you are married in India or not), you will be asked for your spouse's landing paper and/or visa and surrender certificate.
Generally, if someone 'loses' their Indian passport, they'll have to obtain a "deemed surrendered" certificate before they can apply for OCI. However, your wife's case is different. She didn't "lose" her passport in the traditional context of the word. She never had a passport in the first place because she fled India and registered as a refugee in Canada.
I did some searching to see any recent documents / sites that talk about this but no luck. There are some documents I noticed (probably old ones) where the contents seem to indicate that there might be some problem in case an applicant or an applicant's spouse registered in Canada as a refugee but I don't think these rules are in effect currently.
For example :
Look at this site =>
https://www.hciottawa.gov.in/pages?id=4&subid=26
And this document =>
https://mha.gov.in/PDF_Other/BROCHURE_OCI_New_11092018.pdf
Nonetheless, you are not a refugee and you should be able to apply for OCI for yourself.
Best way to go forward - Talk to the consulate or email them. Email them first because it would be good to get their response in writing. If they respond positively, you can print that email out and take it to BLS and ask them to accept your application.