Employment visa expiry - clarification needed

costaguana

I am in India on an employment visa and my contract finishes in June. My employer is sending a letter to the local FRRO stating that my contract is finished as of June 30, 2008. Our company visa liaison tells me this letter indicates my employer withdrawing support of my visa, resulting in its expiry as of June 30, and that I need to leave the country before this date. Is this accurate or do I have a certain amount of time to leave the country after my employer withdraws support of my employment visa? I was granted a three-year employment visa in January 2006, so I don’t have to worry about my visa expiring before June 30, but I am wondering what my options are to stay in the country until mid-July (when I was planning on leaving India anyway)? Unfortunately my company isn’t being much help in clarifying this important little detail so any help or perspective anyone else can give would be appreciated!

Thanks a lot.

Nick-H

They are completely inflexible in telli9ng the FRRO your finishing date?

That seems to be the only option, apart from begging the FRRO to give you leave to remain until July so that you can spend some time 'enjoying their beautiful country'.

__________________
.


Just one member of the IndiaMike Mod Team

costaguana

My employer has told me flatly that they aren't willing to compromise, but I am trying to work something out with the FRRO independently. I have heard rumors about extensions being granted (for example, with the production of a plane ticket out of the country at a later date) but this seems a bit arbitrary. If I have to negotiate something like this then so be it, but I am wondering what are the specifics of the visa rules. For example, if my contract finished on June 30, and I was expected to be at the office until 5 PM of that day, then it would seem a little harsh to expect me to leave the country within the following seven hours.

So that's why I'm wondering if there is an additional deadline beyond the end-of-contract date. In all my research I haven't come across anything towards the contrary, so I figured I'd ask to see if anyone knows for sure.

Cheers.

Nick-H

Can't help... but will be interested to hear your outcome.

nycank

What is the corelation your employment contract and your visa status ?

Check with Immigrations website what the current rules are. As long as you do not take another job, I'm sure you can stay for a few weeks. Does it mention anywhere in your passport/visa when your employment ends ?

Just curious....

Dilliwala

Strange employers. Just check with the FRRO what the grace period is, obviously one can't leave in a matter of hours. As of now, you are legal to stay beyond 30 June. I wud think that only if the FRRO writes to you revoking the visa tenure are u in trouble. I wud therefore suggest not to arrange anything, that wud be bringing it to their notice. Instead have someone make a general enquiry on your behalf.

Nick-H

That sounds like a good idea.

My schoolboy motto was never ask; that way they can't say they told me not to do it!

costaguana

That is exactly my question. On paper my visa states it is valid until January 2009, but our company visa liaison informed me this is not the case, because my employer is my visa sponsor and my contract with them ends in June. From what he told me, the problem could arise if I stay into July and then try to leave the country on an exit permit which states my visa expired on June 30 (when my employer withdraws support of my visa).

I have been scouring the website for the Indian Bureau of Immigration with only modest success, and I guess I do really need to call our local FRRO and see what the provisions are for employment visas. Dilliwala, thanks for the advice, and I will keep all my inquiries general at this point.

Cheers.

Nick-H

Exit permit?

I don't think you need an exit permit --- unless your visa has expired.

My feeling is that when FRRO receive the letter from your company, little or nothing will happen, and, if it does, it won't be for weeks or months. So long as your visa is multiple entry, when you leave you'll just a guy making a trip out of India on a valid visa allowing you to return if you want to. Mind you, you're supposed to surrender your RP/RC 'on final departure'.

But I have no idea how much information they have on that system they check everyone in and out on --- the immigration official at the airport might know what you had for breakfast that day!

I'd follow DW's idea of getting someone else to do the asking for you, with strict instruction not to reveal your name: they could even 'be an employer asking a hypothetical question'.

Of course, there is also the problem that one official's answer may be quite different to another!

Dilliwala

The airport immig official wudn't even know what his boss had for breakfast, never mind a traveller. They wud only be infoed by concerned FRRO in the same way as costa himself - a copy of their (FRRO's) letter wud be marked to immig. I doubt we are that advanced that there's a direct transfer of info online, real-time or otherwise. Specially in the boondocks.

One cud always send the RC/RP back by regd. post with an "oops! I forgot! Sorry."
I strongly doubt it wud have negative consequences, i.e. refusal of visa in future.

But a very valid point, again, about interpretations varying from place to place, in which connection:

costa,
If I'm guessing correctly, is your FRRO in Dehradun? Ok, here's what I know - there's a police officer of SP rank responsible for FRRO work. If thru personal contacts he can be approached for the correct info, that wud be better. Not that I need to know, but I get the feeling things are not 'normal' between your employer and you, so in that situ better to avoid going the usual way and dealing with the lower bureaucracy.
What goes in your favour is that as of now u are not actually seeking an extension on paper, that being valid till next year.
What the company guy says is not correct, even if they are the sponsors. It ain't illegal till it's illegal, i.e. the govt tells you to leave. "File must be complete" , we have the best bureaucracy in the world.

Nick-H

He could almost until the visa expired --- as long as he didn't apply for another job under that visa.

Heck, no, I suppose that would be pushing it .

I am with DW on how to proceed. Try to meet with that cop.

I wouldn't be surprised if you get a "Please enjoy our country as a tourist for a week or three, no problem!".

But then, I wouldn't be surprised if you didn't.

They might even endorse it as a tourist visa. Everyone's always wanting to convert T visas to something else, which is damned hard except in a few circumstances: maybe they'd convert your E visa to a T!

Adding to the conjectures here...

Yes, I think you're right about the communications. If you go to FRO because you lost your passport, and you need your emergency travel document (or new passport if you have really amazing consular services here!) endorsed with your permission to stay/leave, they have to confirm your entry.

Maybe here in Chennai they have the info about who arrived in Chennai. When this happened to someone who arrived at another airport, they had to take a day or two to confirm with that port. so, at least then (a year or two back) it is not all networked.

costaguana

My employer is pretty indifferent about the whole thing. I don't take it personally, but it is a tad frustrating!

Hopefully sometime this week I will get a chance to go to the FRRO in Dehradun and sort this out. Before that, I will try to sort out the generalities so I don't incriminate myself when I go in person.

Thanks for the advice all.

Mykey

The following site might be helpful: http://pubweb.fdbl.com/ihp8/global/m...a?opendocument

It states that:

"Cancellation of Work Visa and/or Residence Permit with Migrations
No formal cancellation procedures are required."

It also states:

"The information in this report is of a general nature and does not constitute legal advice. "

Dilliwala

Even Chennai FRRO wud have to check with Chennai airport immig, it'd just be quicker. As a matter of procedure all the forms are kept by the concerned immig units across the land (3 years?). Full online access is going to be a few years I'll bet.