VISA: refusal and resident permit problems

#1 Jun 29th, 2008, 03:36
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#1
Hello each and all,

Yes. Bad news.
Firstly, has anyone else had, on departure from India at immigration, their resident permit with visa extension of 12months taken from them?
When I left Delhi just before Christmas, the resident permit and 12month visa extension I had battled to obtain was taken from me and I was duly advised to re apply for a new visa if I returned to India in the new future. Not wanting to argue with an immigration official I did as told.

So I applied for a new visa, a tourist one. It has been refused because they claim I illegaly overstayed my visa, which is so not true since I would have never taken such a risk, and all my papers were in order, firstly from the MHA and the second extension from the local FRO.

Due to fly in 7 days for my own wedding, I'm rather upset and disturbed as you can imagine.
I have re applied and added a letter stating the truth and the name and place and date of issue of my extension which was permitted in all legality.

I have also contacted the FRO officer and asked him to provide a letter or document concurring my story, and although he is very willing to help and knows me 'well' (after many many hours sitting in his office trying to get the extension! not a big metro so it was easy to get to know everyone) he said he cannot give me this kind of a letter unless the Indian Embassy ask him directly for it.

So, I'm playing the waiting game now. Will I get my visa or not? Time will tell.
One thing is for sure, if it's negative, which is looking increasingly likely, I stand to lose a hell of a lot, not just financially but more importantly the most important day of my life.

So, voila my news!
Does anyone know if there is a 'banned' period after having a visa refused two times? is so, how long is it for? (I'm rather pesimistic at the moment )

I'll keep you posted either to drown my sorrows or to celebrate.

Victoria
#2 Jun 29th, 2008, 10:06
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#2
Very, very sorry to hear this news.

Did you keep photocopies of all your resident's permit and any other docs? Did they mark the extension in your passport?
#3 Jun 29th, 2008, 10:15
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#3
Its the nightmare we all fear at the hands of officious officialdom. Our hopes and prayers..
#4 Jun 29th, 2008, 10:24
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#4
That is a very, very sad story. I am so sorry to hear about your situation. I have had a work visa rejected, but the situation was different enough that I just don't have any helpful advice for you. But I feel your pain and I have my fingers crossed for you!
#5 Jun 29th, 2008, 11:56
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#5
Thanks guys fro your words of support. I have some copies but not of the final stamp which was put on the back of the official document, along with the "permitted to leave the Indian terrirory from 21st dec 07 to 25th". Plus I was told that under no circumstances would photocpoies be considered official, too easy to modify!
SO, the nightmare continues for sure..... fingers and toes crossed please!
#6 Jun 29th, 2008, 12:20
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#6
Quote:
Originally Posted by Victoria View Post Thanks guys fro your words of support. I have some copies but not of the final stamp which was put on the back of the official document, along with the "permitted to leave the Indian terrirory from 21st dec 07 to 25th". Plus I was told that under no circumstances would photocpoies be considered official, too easy to modify!
SO, the nightmare continues for sure..... fingers and toes crossed please!
Immigration officials are the same everywhere. They usually don't admit mistakes, and stick together, trying hard not to overrule a previous decision, even when it is by another officer. Chances are better if the second application is after a period of time, which allows them to consider/claim that the situation has changed a lot from the previous one.

That said, Indian officialdom sometimes does show a heart, and can be lenient -- following the spirit of the law and not the letter, especially when foreigners are concerned! So I wouldn't be all that dejected.
#7 Jun 29th, 2008, 16:14
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#7
I'm sorry for you Victoria.

I would have refused to give them the documents and learned to make photocopies of each and every document.
Getting something like this done from MHA is not easy and i don't give you a lot of chance, but try to reach them through your future husbands family, if they stay in Delhi they could go personally with the photocopies they have.

Your native seems to be France so an option is to contact the French Ministry that handels the external affairs, they usually maintain contacts with the Ambassy so if you find anybody willing to help over there...

Good luck and never give up
#8 Jun 29th, 2008, 19:48
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#8
I don't understand what their problem is if you reported to the FRO 48 hours before your departure. They would have said something then if you had overstayed.

GoanGoan......here & there
#9 Jun 29th, 2008, 20:20
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#9
I know it is all so frustrating. I did everything I was told to do but the fact remains that the extension was on my resident permit, along with the permission to leave stamp and since it was kept at immigratiion control, the embassy are now saying that there is no prrof of this in my passport! catch 22.

Ironic too because it's impossible to get on an aeroplane or at least to pass through immigration without a valid visa so how do they think I got out?

I can see everything I have worked so hard for and prepared ,not to mention everyone else who's travelling to be there... all going down the toilet.
all for a silly stamp.

rrrrraaaaaahhhhhhhh
#10 Jun 29th, 2008, 20:46
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#10
Damn. There has to be a way.

It's so silly!

Personal letter to the ambassador/High Commissioner?
#11 Jun 29th, 2008, 21:07
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#11
Is it possible to get a visa in Nepal at the border or must it be done in Kathmandu?
Because if you can get it at the border, well, if all else fails fly to Nepal.
But this could maybe cause you problems in the future.


And it's no big deal Nick!
#12 Jun 29th, 2008, 22:06
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#12
Nepal? now that's an idea, but surely they'll see the same thing? :s
I suppose all of these embassy agencies are interlinked and can see what has happened at another one.
Letter to the Ambassador could be a possibility but unfortunately times almost run out

pray for me if you pray or just cross all possible bodily parts!
I'm so helpless while I await their reply.... it's a horrible feeling.
#13 Jun 29th, 2008, 22:44
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#13
No, you can't get visas at the border, you have to apply at the KTM consulate. Having said that, I don't think it's 100% certain they'll pick up on the same issue (we've established immigration staff are capricious!), but is it really worth flying out there to test the theory?

I think if it's getting to last-ditch-attempt time (if the second application fails), it might be worth putting together a succinct explanation of your situation, making several copies, visiting the embassy in person and handing it to anyone and everyone to whom you speak. Got to walk that fine line between persistent and annoying!

That is, of course, if you can get to the embassy.
Mosquitos suck.
#14 Jun 29th, 2008, 22:50
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#14
I guess they are either going by computer records, which are probably available globably (err... maybe) or the stamps in your passport, showing that you left after the visa expiry date.

Getting a new passport might help --- but before doing any of this stuff to try and get around the situation in the short term, it would be better to get it sorted out in the long term, for your future visa status.

Which means, I guess, finding the right way to approach the embassy to appeal.
#15 Jul 1st, 2008, 23:40
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#15


Praise the lord, Doctor Who or whoever the hell you believe in...

My appeal was succesful!!!!!!! Yippee!

I returned my passport with newly rejected visa application, as I stated above AND a simple letter explaining the simple truth about my previous visa situation. Today, a matter of mere days before i'm due to fly, I received confirmation that I have indeed been granted a tourist visa, multiple entry for 6 months.

I'd just like to say how SUPERB the agency at Skylord travel were. I wouldn't have got anywhere without their professionalism and help. I totally recommend them to anyone wanting to avoid the stress of sending a postal application and not having a direct line to contact the Embassy / VFS or whatever. great!!!

THanks for all of your words of support. to quote the wonderful D L... Never Give Up! (it's true, don't!)

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