Information What to do if India Visa expire and been Overstay in India by Immigration Attorney in India
Entering India on any visa requires you to leave the Country before expiry of visa granted. To remain in Country beyond the visa condition can result in a legal trouble. Different reason for one’s visit or stay in India may be for education, tourism, employment, internship, business, conference, medication, and transit etc. Whatever the reason be, just like any other country, India too does not tolerate one’s stay in their country after the expiry of visa granted and expects to leave the Country at the end of their visit or stay.
Registration with FRRO
- Every foreigner entering India on a visa that is valid for 180 days or more has to register themselves with the Foreign Regional Registration Office (FRRO), within 14 days of arrival.
- Pakistani nationals have to register with the FRRO within 24 hours of arrival and not 14 days.
- Foreign diplomats, OCI, children aged 16 years and below need not register themselves with the FRRO.
- If a foreigner does not stay in India for 180 continuous days, no registration is required.
- FRRO monitors and regulates the stay of foreigners in the country. A late registration with the FRRO would attract a fine and a lengthy process of explanations and justifications.
Penalty and Consequence for Overstay in India
- Overstaying in India amounts to a criminal offense and is dealt with seriously. A foreigner who overstays in the country may have to pay a fine, face imprisonment and even be barred from entering the country in the future if the circumstance demands so.
- A prescribed fine has to be paid for overstaying in India when caught for overstaying. Visit official website of BOI Govt. of India to more information.
- Regardless of whether one’s overstay is for a long or short period, the individual will be regarded as an illegal migrant.
- Under Section 14 of the Foreigner’s Act, 1946, a foreign national who overstays his visa will be penalized. This section of the Act provides for penalizing a foreign national who remains in India for a period exceeding the period allowed by the visa. The penalty may extend to an imprisonment term of 5 years along with a monetary fine.
- If the situation demands, the foreigner can be deported from India means sending the visitor back to his/her country. A person faces deportation, will not be allowed to enter the country again. Visit the official website of BOI, Government of India to see more information.
Legal Steps to Take in case of Overstay in India
- Reschedule your flight
- Apply to extend visa by Approaching the FRRO Office through prescribed means and request for extension of visa with documentary proof to prove the legitimate reason(s). it’s not an easy process like cake walk, many questions will be asked by officers for their satisfaction. Also, you have to give proof of residence and purpose of overstaying.
- Apply for Exit Visa / Permit
Exit Visa / Permit
The process is quite cumbersome and dreadful as it takes days to process an exit visa considering the number of formalities involved. Exit Permit / Visa can be applied to the FRRO and sw up early at the FRRO, to get a chance to produce your documents early. Keep all your original documents ready with its clear photocopies to produce before FRRO for their satisfaction. For more information, visit the official website of BOI, Govt. of India.
Keep in mind that “No Agents or Hired Representatives are allowed inside FRRO Office and Government of India has not authorized any agent or intermediary to charge any fee for facilitation of emergency / express Visa/eVisa” So beware from any person claiming for help in the same.