Indian Visa Refused!

#1 May 3rd, 2009, 00:10
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  • indiapanda is offline
#1
Dear All,

After waiting mearly 12 months for an answer, my visa has been refused. The irony is that an old visa was detedted to be a forgery...i.e a typical piece of internal corruption , for which I was punished!

I am reluctant to give too many details away on a public forum, much as I would like to share my experience with others for whom it may be helpful -and indeed to get feedback from others as well!

But, can anyone give me any answers or ideas about the following...

1) Apart from involving a lawyer (which I am doing), is there an appeal process? The Public Relations Officer for example? Isn't there a Right to Information Act - or not?

2) What does the VAF stamp REALLY mean - is it 'Visa Applied For' or 'Visa Application Failed'?

3) What length of time can one wait before re-applying. Or can one reapply again immediately and ad-infinitum?

4) Please feel free to email me at indiapanda@yahoo.com for further info.

THANKS IN ADVANCE!!!
#2 May 3rd, 2009, 00:31
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#2
Quote:
Originally Posted by indiapanda View Post After waiting mearly 12 months for an answer, my visa has been refused.
Clearly this was not an "ordinary tourist visa" application, won't you even tell us what type of visa you were applying for?

Quote:
1) Apart from involving a lawyer (which I am doing), is there an appeal process?
No, there is no appeals process, and I'm not sure what a lawyer could do for you.

Quote:
The Public Relations Officer for example?
Hahaha, WHAT public relations?

Quote:
Isn't there a Right to Information Act - or not?
Applicants have no right to be given either a visa, an explanation why one was not granted, or even a true explanation why one was not granted.

Quote:
2) What does the VAF stamp REALLY mean - is it 'Visa Applied For' or 'Visa Application Failed'?
I always thought it stood for Visa Applied For, but asmithee says it's Visa Application Failed.

Whichever, it means that a Visa has been Applied For AND that the application has Failed, so it doesn't really matter what the actual words are.

Quote:
3) What length of time can one wait before re-applying. Or can one reapply again immediately and ad-infinitum?
You can reapply straight away, as often as you like, although if your application was returned with a note saying "Apply again after ____" you'd be unlikely to get a visa if you apply before that date.
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#3 May 3rd, 2009, 00:36
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#3
Haylo, hello,

To answer your questions:

1) Original application was for a tourist visa; was told under the circumstances, that an X visa was the category for me because i've been married many years to a PIO which necessitated travel to and from India

2)My lawyer is requesting access to my file; if refused, will file a petition to high court; if refused again, will file a petition to supreme court - in delhi, of course.

3) VAF - ok, cool.

4) This has been an ongoing saga for nearly a year; I only have the VAF stamp from June 08, when i withdrew my passport to travel within Europe. no advice about applying again. Instead, I was told that they were still waiting for clearance and that the application was still ongoing...So, even now, I have nothing in writing.

Any thoughts?

Cheers.
#4 May 3rd, 2009, 00:40
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#4

p.s.to haylo et al

Forgot to mention...could it be that the X visa has been refused? After all, I had been told repeatedly for years that I was not eligible for an X visa because my husband is of Tibetan origin.

HOWEVER, I am told that a tourist visa can be given at the discretion of the foreign consulate?

Just a thought, perhaps you have more to add on this subject...

Thanks.
#5 May 3rd, 2009, 00:54
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#5
Quote:
Originally Posted by indiapanda View Post was told under the circumstances, that an X visa was the category for me because i've been married many years to a PIO which necessitated travel to and from India
In that case, you qualify for a PIO card yourself*, and you once you have that, you won't need a visa to travel. That might be your best way forward.

*unless you are of several specified Asian ancestry

Quote:
2)My lawyer is requesting access to my file; if refused, will file a petition to high court; if refused again, will file a petition to supreme court - in delhi, of course.
That sounds pretty expensive! I would be VERY surprised if he gains access to your file, visa decisions are sometimes made on grounds of security and as such, visa files are likely to be sealed.

Quote:
I only have the VAF stamp from June 08, when i withdrew my passport to travel within Europe.
How long had they taken to process your application when you withdrew it? Sounds like it had already been pulled aside for some reason back then.

Quote:
no advice about applying again. Instead, I was told that they were still waiting for clearance and that the application was still ongoing...So, even now, I have nothing in writing.
To be honest, they're under no obligation to tell you anything, or even to tell you the truth if you do somehow get hold of them by phone. It is quite possible that you got someone who was too busy and who just told you the first thing that came into their head. Seriously, it happens, and there's nothing you can do about it.

No country HAS to issue a visa to anyone, that's what they hide behind.
#6 May 3rd, 2009, 01:39
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#6
Hey Haylo

1) My husband is Tibetan but born in India, not sure if he qualifies for PIO?

2) The lawyer may be costly, but quite frankly it'll be worth every penny to sort this mess out! He may well not be granted access, but it's worth a try - plus he knows how to navigate the ministry. That's got to be be worth something!

3) My application was made end of June 08; I withdrew it at the end of August, but there was still much to-ing and fro-ing between me and them right up until last week when they told me categorically it had been denied by Delhi - i.e. i was called in to meetings, had several phone calls, was continually told both in writing and by phone that the matter was still "will the relevant authorities" etc.

4)I know they can issue or refuse on their whim. I've spent long enough in India for it to wash over me now. the thing is, what to do next? Shall I just reapply? Given that they have not advised me when I can reapply, do you have any idea what the norm is?

THANKS!!!
#7 May 3rd, 2009, 02:17
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#7
Sympathy, and watching with interest, but nothing useful that I can add.

If your husband is a Tibetan citizen in India, then I'd say that he is not a PIO --- but best you see the qualifications yourself, and come to an answer, you can find them on the London High Commission site. If perchance he qualifies for Indian citizenship, then you may qualify for a PIO. If he can prove unequivocally (eg by having an Indian passport) that he is an Indian citizen, then you certainly qualify for a PIO card.

Of course, qualification is one thing, entitlement is another, and getting is something else --- which makes us all nervous when approaching these people, even for something simple like a Residents Permit renewal.

My idea is that if your husband or lawyer can find somebody really influential at a high level, in India, then that might be worth a hundred court cases.

It is also conceivable that your MP in UK might be prepared to help you. If your MP happens to be of Indian origin, then it is quite possible that they might have contacts within HCI; that approach worked for one of our Pakistani-origin members, but it was a very fortuitous combination of events that he actually knew the MP involved. Anyway, worth looking into.

I'd love to know more about your allegedly forged visa --- but it is a good idea to be circumspect.
#8 May 3rd, 2009, 03:16
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#8
Thanks Nick.

Agree totally that it's a case of not what you know, but who you know. My MP has already written on my behalf but they simply said it was a sovereign issue, i.e. non of his business. Of course, I could ask my MP to pull a few more strings and find a connection to the HCI. I'm pretty sure he'd oblige.

Regarding the PIO card I shall certainly look into it. My husband has a birth certificate, but issued by the office of HHDL.

And if my lawyer can find someone at a high level, then this could conceivably all be fixed in a jiffy...it's just a case of finding the connection!

However: I will NOT give up!

Thanks, again.
#9 May 3rd, 2009, 03:18
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#9
Good Luck

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