I overstayed last year...

diplomacy

Last year, I couldn't travel home as scheduled because I had troubles with my ears and weren't allowed to fly. This resulted in me staying longer than allowed. I think the overstay was around two weeks and I had to apply for an exit permit.

I'm thinking of going to India next year. I need to apply for a new passport because my current one will expire any time soon. The problem is that I haven't got any medical reports left which can actually prove that I overstayed because of sickness. I spoke with the Embassy if there would be any problem for me to get a tourist visa. They said it would be best to include a letter and preferably medical certificates as well. I also asked if my name would be in any of their systems and they said it might be so it's best to get my name cleared by including the above-mentioned paperwork.

So, I have a few thoughts:

1) As I will apply for a new passport, the overstay stamp won't be in it. The problem is if they check the system. Do they and do you think my overstay has been registered?

2) If I include a letter explaining the situation (without the medical certificates), will they deny me a tourist visa?

What would you advise me to do? Apply for a tourist visa as normal, with the new passport, and don't include anything and hope for the very best OR apply with a new passport and include a letter explaining my overstay?

machadinha

Man... This entire thing was, if you don't mind me saying so, pretty sily and boring when you extensively posted about it (and its zillion of side-issues and strange conceptions about India in general) when and as it happened.*

My best advice would be to just try for it; the result will show you what's what. If the result is negative, there's unlikely to be a whole lot you can do about it anyway.

* My sincerest apologies if I have you mixed up with another poster who got himself into a serious pickle there. I don't think so, though.

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machadinha

nb And then on second and third thoughts,

I think I may have spoken too quickly (not uncommon ) & so I may have gotten you mixed up with another person who'd really gotten themselves into a daft situation, then forever asking about it.

It would seem to me under the circumstances you describe, the situation should be fairly explicable. One might hope there might be some records of the event even.

I guess in the end you'll still just have to apply for the visa though, then see what transpires. Give it some extra time in case e.g. a further interview or so is required, I guess.

Note that if you overstayed for legitimate reasons and it was accepted as such, I don't think this should have given you anything of a negative slate or so though.

kevin_405

As long as u are not a citizen of Pakistan/Bangladesh or China , u should have no trouble when u reapply..

My suggestion is dont even mention u overstayed.. because more information u provide the more audit they will do.. Indian immigration records are not as accurate as American records.. so they will not even findout if u dont tell them..

federica

Diplomacy, did you have to provide medical certificates for getting the exit permit? Just wondering why you got an "overstayed" stamp even if you got a regular exit permit.

Nick-H

My feeling is that Indian tourist visa application are accepted or rejected; I've never heard of anybody being interviewed for one. If anything is there that might bear explanation, it might be a good idea to include that covering letter.

re-reading your post, it seams you have the answer already:Even the combined might of the IM Regulars can't do better than a direct reply from an embassy!

Except.... Yes, I'm sure they'll scan your passport, and one had better suppose that their system is sophisticated enough to cross-check the name.

nycank

Do not be too sure about it. When they scan your passport, an image of your passpor's first comes up in the left hand top corner, and your entry & exit dates and class of Visa are in some fields (since I barely had a few second look at mine; it had also the OCI first page in the next screen.)

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machadinha

I saw computers appear in off-beat Indian banks in around 1996. Was somewhat surprised, I don't think they were all that common or in any advanced sense at least yet in Dutch banks, or not at the teller's end anyway.

I'd assume Indian immigration may have heard of the same novelty by now...

Haylo

Put it this way - if they do check, and you have not mentioned it on your application, you are far more likely to have your application refused, than if you had mentioned it.

Who knows. It may be in your best interests to say that you "No longer have" medical certificates.

In your situation, I would be honest, because I know that if I don't declare relevant information and that's found it would count against me big time. Then again, if I was in your situation I wouldn't have lost the medical certificates!

how much information you decide to put on your application is ultimately up to you. We can only give you our opinions!

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Merchant

I would just leave out all mention of an overstay. Unless you were charged with a crime, and are therefore a criminal, it's unlikely that there is any evidence of an overstay in any Indian record. You followed the law then and departed India legally. And your new passport will have a different number from your old one.

If you mention the overstay and then try to explain it, you are only going to trigger a bureaucratic nightmare, with various forms and permissions for you to acquire.

The visa application form does not asked if you have overstayed in the past. If, in the highly unlikely event your application is denied, just apply again with the supporting documentation.

diplomacy

Thanks for your answers!

To be honest, I haven't got any idea as to what I should do.

My thought is if I don't mention nything and they found about the overstay, I'm fearing that I will be banned from India for life (which would probably happen with my kind of luck).

The mistake which I made with the medical certificates was that I didn't make any photocopies of them before giving them to my employer. Damnit.

Honesty might be best in this case. Perhaps there are records in their system about me overstaying because of a medical condition? I did have to visit that office in Mumbai, whatever it's called, a couple of days.

Decisions, decisions, decisions.

diplomacy

Exactly. I went to FRRO with my medical certificates and presented everything to them. After a couple of interviews I received the exit permit with an overstay stamp at one of the pages.

Merchant

Yes, but your overstay was legal. You followed proper procedure. You were not jailed and deported.

Nick-H

That is a very good point indeed.

machadinha

Are you sure? I don't recall, but in my country it certainly asks if you've been refused one in the past.