Complex employment visa question : re resignation

Hi all,

I am asking this question on behalf of a friend.

He is currently working for an indian trust/charity that he is a trustee of.

Due to a dispute with the only other trustee, he has decided to leave.

The other trustee, who sponsored his employment visa (i.e. wrote the letter of invitation, on behalf of the trust), is trying to get his visa cancelled. I do not think he can do this, but anyway.....

If the visa is cancelled, how long before he has to leave the country.

Or if my friend resigns, again, how long before he has to leave?

Will he need an exit permit? What is the maximum length of an exit permit?

Thanks in advance

An employment visa is issued for a specific employment with a specific employer. Its validity is completely dependent on that employment. If the emplyment ends, so does the visa.
Either way, I suppose he'll have time to pack...

I don't think he will require an exit permit, unless his visa is actually marked as cancelled, in which case he should get something like "permission to remain in India untill dd/mm/yy" endorsed in his passport.

I'm not a professional, nor have I ever held an employment or business visa: my actual experience is with X-visa/PIO issues.

Thanks Nick.

Those were my thoughts. It seems that this is a grey area of law?

The employer can write to the employee, and tell them their job is over, and thus so is their visa. However, the person will have an apparently valid visa still in their passport.

Any other thoughts, guys?

As Nick said -- and me, too, having no direct experience with this, whatsoever --, I would reckon that whether his colleague rats on him, or whether he resigns himself, it shouldn't matter much, as either would terminate his employment visa. I mean it would be different if the colleague were in a position to jeopardize his position, but if he's already thinking of resigning himself, the outcome would be the same, so it seems like not much of a threat by the other person.

I'd contact the FRRO about what to do and procedures after the employment finishes, I'm sure you're not expected to stand at the airport first thing in the morning. Find their contact info at http://www.immigrationindia.nic.in/. (Could be funny by way of being pro-active about it, too, I guess: This colleague of mine is trying to get out of his employment visa! Yes, sir, we already know that, since he's told us so ) But, yes, of course let him get ready to have to leave India; I gather he already realizes that.

ps

Yes, but I wouldn't personally want to continue my stay on it, then try and leave the country at a given moment of my choice later. If you get flagged, and I suppose you well may -- I'm sure immigration there now has their databases, just as anyone else does --, as having abused that visa which is technically and in fact terminated by now, you could and likely will be facing a whole lotta trouble. Including but not limited to not being allowed to return to the country for any foreseeable future. (I guess fines and/or imprisonment and whether steeper or longer and generally a whole lotta hassle would similarly not be out of the question, now coupled with such a ban or not.) (--> And I guess if not upon exit but I really wouldn't count on it, you could likewise get flagged with any next visa application, when it transpires you last left the country much later than your employment had in fact allowed you to.)

I'd rather play it by the rules on such things. In other words, to indeed consider the visa terminated, even though holding that cute stamp.

The law is clear cut. Absolutely black and white. No job, no visa: bye bye.

There must be millions of people around the world who have no right to be in the country they are in, but have simply not yet been noticed by the relevant authorities. In many of those countries, getting noticed may mean 4-am visits by guys who are not much bothered how many bruises you get on your way to the detention centre. I would not like to be an illegal immigrant in my own mother country! (oh, your mother country too!)

Strange how popular it is though....

AndyD

For some, I guess it beats the alternative. I guess what I mean to say is that I wouldn't like to be one of those that gets the sharp end of the officals.

Bullcrap. It is of course not about what is "popular."

Indeed. Spot-on.

Anyways, why should we even get into this discussion? Indyboy was looking to advise his friend. I reckon he's been adequately answered.

A typical thing about this sort of stuff is it won't matter much to the people at hand what you or I might make of it.

This arrangement is crossing financial and immigrations/visa regulations. What you have described here is short on specific details.

You, nor anyone here is a certified legal person to Op-Ed on both those issues, we can speculate based on prior anecdotal narratives. Companies, NGOs, or Bollywood agencies billed as "Foreign-Extras-for-Item-girl-dance-background-color suppliers" cannot cancel visas. They can however, inform the juridictional FRO/FRRO that the person in question, is no longer employed.

Once they do send that note; It is a Las Vegas crapshoot !!! Some just float and travel to spiritual land of Goa, Dharmsala, Ganjaland; some just head to the lobby bar of Marriott, Sheraton, Hyatt.....

Short answer - No one can say for sure. The devil is in the detail; and the details are missing.