Indian Visa and Passport Questions - Q&A about the legal stuff!!

Living in India & visa's


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Old Aug 11th, 2005, 01:03   #1
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Living in India & visa's

Hi to all!
I've spent several periods of six months in India over the past 4 years - as a volunteer worker. I've got a special little Indian "son" who's severley disabled and he lives with me each time I return. I'm going for guardianship of him in India when I return in October from Ireland - through a recognised agency and will still have to exist on tourist visa's for the meantime. My sister holidays in Goa every year & she's said that there are many Brits there who have decided to live permanently in India and have also purchased property. I guess they also leave every 6 months for visa renewal??

Has anyone ever been refused a visa when returning from Nepal/Sri Lanka etc..??? It's been going on in the past two years and some people returning from those places have been told they can't have their visa's renewed/re-issued for three months - trouble is the visa for Nepal/Sri Lanka has only been for 30 days! I've not left and come back to India - I've only had and used the 6 month visa each time, so I'm really naive about this stuff. I've never been able to get anything other than a 6 month visa for India from London (which is where I normally apply).

Hope someone can help with the above ....How we all wish that the 180 days was 365!! it'd make life a bit easier for a lot of us!

Can I also ask about purchasing property. To be able to purchase a property the entire transaction must be cleared with the Federal Reserve Bank of India - for foreigners buying immovable property there - yet, the FRB tell you that a non-Indian/foreigner can NOT purchase imovable property in India. Can anyone clear this up for me?? How are Brits buying property in Goa and other places in India??

Forgive me for such a long message - hope someone can assist!!
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Old Aug 11th, 2005, 01:36   #2
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shanthi,

Max stay periods on visas are usually reciprocal between countries the UK govt allows indian to stay only for 180 days, so the indian govt imposes the same limiation to UK tourists. From the UK consulate website - http://www.britishhighcommission.gov. uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1022172496 226
Quote:
Q: How long will my visa be valid for?
A: With a visit visa you can usually enter and leave the UK any number of times while it is still valid. The ECO may occasionally limit a visa so it is valid for only one entry. You cannot stay for longer than six months on each visit. Visit visas can be valid for 6 months, one year, two years, five years or ten years. You can apply for a visa valid for any of these periods. The ECO may decide to make your visa valid for a shorter time than you have asked for, for example if are not a regular traveller or have never visited the UK before.
One could overstay. I don't think the Indian govt has any detection procedures in place for that. But you may/will have a problem when you re-enter India.

Regarding the purchase of property in Indi, you could look up -m2-'s tip to another IMer lookingof rhte same info.. buying property in goa

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Hi Kev, welcome to Indiamike!

In one form or another, this question has been asked and answered numerous times -- some of the threads are in the Goa section, some in Ex-pat, and some here in the Yak-Yak forum. I encourage you to click on the Search button at the top of the page and type in: buying property Goa It brings up 20 items, many of them will be pertinent to your concerns as a prospective retiree.

good luck!
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Old Aug 11th, 2005, 01:52   #3
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Originally Posted by crvlvr
One could overstay. I don't think the Indian govt has any detection procedures in place for that. But you may/will have a problem when you re-enter India.
Or if you run into any trouble like an accident presumably. I don't know about India specifically and I'm sure a little baksheesh could go a long way (could be a lot of baksheesh if they realize you have no other option), but I know for illegals in the Netherlands the problem is much less one of actually being here but of having absolutely no recourse to any official channels whatsoever in case any "situation" presents itself. And at least here there are some grassroots groups working for such people, I doubt if you'd find much along that way in India, or at least not for westerners.
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Old Aug 11th, 2005, 06:29   #4
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Hi Shanthi and welcome to India Mike! To purchase property in Goa you have to first stay a minimum amount of 182 days in one financial year in India. The financial year in India runs from April 1 to March 31.

Now the next pertinent question will be " How do you manage to stay 182 days?". You can stay for 100 days leave India and come back and stay for another 82 days in India, all within one financial year and you would have completed the minimum residency required to enable you to purchase the property.

Once you have signed all the necessary documents for the purchase of the property, go back to Ireland and proceed to the Indiam embassy out there. The embassy officals will want to see the documents that you have just signed along with a statement from your bank showing that you have adequate funds for your extended stay in India.

The embassy will now issue you a 2X or longer multiple entry visa to India. This visa will enable you to stay for a longer period within India with the added benefit that you don't have to leave India to renew it. You can get the visa renewed locally in Goa.

Keep in mind that you will have to register yourself with the Foreigner's Registration department at the Goa Police Headquarteres in Panaji in Goa within 14 days of arriving in India.
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Old Aug 11th, 2005, 07:03   #5
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Goancanuck, all my internet research indicates that a foreign national (with no connection with india - NRI/PIO etc.) must obtain Reserve Bank (RBI) approval before the puurchase of property. Can you please point us tosome offcial source that suports your 182 day rule?

As corroborated by iyou on this thread

Quote:
This page at the Reserve Bank of India website has a lot of useful information. Here is the relevant (and disappointing) answer to the question:

Q.7. Can a foreign national of non-Indian origin resident outside India acquire any immovable property in India by way of purchase?

A.7. No. Under section 2 (ze) of the Foreign Exchange Management Act, 1999 ‘transfer’ includes among others, ‘purchase’. Therefore, a foreign national of non-Indian origin resident outside India cannot acquire any immovable property in India by way of purchase.
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Old Aug 11th, 2005, 07:17   #6
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Crvlr, it is very clearly mentioned on the RBI website http://www.rbi.org.in/index.dll/5508...id=2 0/0/0#14
Check out Questions 52, 53, 54.
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Old Aug 11th, 2005, 07:26   #7
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Originally Posted by crvlvr
Goancanuck, all my internet research indicates that a foreign national (with no connection with india - NRI/PIO etc.) must obtain Reserve Bank (RBI) approval before the puurchase of property.
The permission from the RBI is only required in the case of foreign companies and foreign nationals who are not resident in India. Once a foreign national has completed the 182 days residency then he can proceed directly.
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Old Aug 11th, 2005, 13:45   #8
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Thanks for the warm welcome friends!

Thanks for the lovely welcome - not like a living-in-france website I joined several years back before I went to live there - Oh my God! what a bunch of patronising bores THEY were....ha ha ha!

I shall be staying in Krishnagiri, TN. I'm going to care for my little "son" and get his medical work done (tried for a passport for him last year and the year before but he wasn't gramnted one) Toooo old to adopt in UK or Ireland....France didn't work, as they're going through a kind of recession and I couldn't get a place to live for less than 600 a month (euros-a-course-I'm-in-Ireland) Soo, I'm heading back there to attempt guardianship through FFC and found it's possible thank God!

I shall also be opening a streetkids refuge - and have been sponsored by an Irish Foundation to do so. As I'm old..(nearly 54) I want to make sure I provide for my little "son" and so that's why I want to buy a house (also for providing night shelter for the street kids at a later point perhaps - if all goes well and I find a large enough place) I'm a voluntary director of a registered Irish Charity and this is going to be one of our outreaches there.

So, if anyone knows about buying a house and where to go (as in the offices in Goa) in possibly Chennai I guess, which is the Governing seat I presume for TN -) that would be great.

Do you think that I could do the stuff for the Embassy (in Ireland) by mail?? Once I'm in India this time I don't envisage returning to Ireland at all - just popping over to Colombo to renew visa's etc.. as and when. I could do it, if it were absolutely necessary - but money would be a problem as flights to and from Ireland are not cheap like you lucky people have in the UK......
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Old Aug 11th, 2005, 16:03   #9
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Quote:
Originally Posted by shanthi
Thanks for the lovely welcome - not like a living-in-france website I joined several years back before I went to live there - Oh my God! what a bunch of patronising bores THEY were....ha ha ha!
You didn't tick the Responses from Patronising bores? box when you registered here?

Welcome to IM to both you and your small boy
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Old Aug 11th, 2005, 20:15   #10
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"(tried for a passport for him last year and the year before but he wasn't gramnted one) Toooo old to adopt in...Ireland....France didn't work... I'm heading back there to attempt guardianship through FFC "

What is FFC?
Did you talk to a solicitor or your TD, what is the maximum age for adoption in Ireland.

"I shall also be opening a streetkids refuge...I'm a voluntary director of a registered Irish Charity."

Which charity? I am in Ireland I would like to contribute.
PM me if you like.

"So, if anyone knows about buying a house and where to go... in possibly Chennai"

Again I would reccomend that you talk to an indian lawyer.

Do you think that I could do the stuff for the Embassy (in Ireland) by mail??

I don't think so if you mean the Indian embassy on Leeson Street. They don't accept anything by mail at all so far as I am aware. It might be possible to have someone else present the forms for you at the embassy.


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Old Aug 11th, 2005, 21:12   #11
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I would think it's worth you trying for more than a 6 month Tourist Visa, producing something along the lines you've posted here about your charity work. Re buying property, I have an "Agreement of Sale" for a flat which I "purchased" on a 6 month Tourist visa. My lawyer tells me it's perfectly legal. I also have an NRO bank account and Foreign Inward Remmittance Certificate showing that my money eneterd the country legally, if required.
With my documents I got 1 year X visa. When I registered with the FRO in Panjim they told me I would not have to leave the country to renew. Most things are possible in India

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Old Aug 12th, 2005, 00:57   #12
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Goancanuck,

the tricky part is not just 182 days in a fiscal year but also the intention of stay.

Quote:
In other words, to be treated as ‘a person resident in India’, under FEMA a person has not only to satisfy the condition of the period of stay (being more than 182 days during the course of the preceding financial year) but has also to comply with the condition of the purpose/intention of stay..
The type of visa you arrive on can be used to determine the intent. Will a tourist visa qualify as to "indicate his intention to stay in India for an uncertain period"
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Old Aug 12th, 2005, 08:12   #13
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Originally Posted by crvlvr
Will a tourist visa qualify as to "indicate his intention to stay in India for an uncertain period"

Yes it will suffice. I know many people who have gone this route.
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Old Aug 12th, 2005, 12:31   #14
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Hey, Spinnersingh,

and the rest of you pals, thanks for all then information - you're real gems!

The Registered Irish Charity is called "In His Footsteps" (CHY12973) with the office in Princes Street Cork c/o our lawyers. I handle all the International Outreaches and we also do counselling here for all sorts of stuff. It was first registered in 1999 (I think it was that year anyway). We have a separate account for India stuff.

......The age for adoption in Ireland and the UK is about 45 years old...maximum - with certain exceptions and if you're loaded.......! That's why I went over to try in France as there is really no upper age limit for people to adopt there!.......was just there at the wrong time.

Glad to know I could be represented for taking doc's to Leeson Street. I have a colleague who'd do that for me.

Trying now to arrange last minute stuff - and gather all documents for my son's stuff too!

FFC is "Families for Children" based in Montreal and Coimbatore. They're very experienced with adoption from India (mainly for Canadian citizens), and have been wonderful to me in regard to Tony - it will mean I have to transfer him to FFC in Coimbatore for a few weeks (for residency purposes) until guardianship is granted. If, by some unfortunate stance I am eventually refused (like you say....anything IS possible in India) then FFC will simply let him live with me regardless....!

The program I am being sponsored for is to give one meal a day with vitamin/mineral supplements and emergency medical aid to as many street kids in or around Krishnagiri that funding will allow! Tony will love this as he adores other kids,especially kids who are poor and without a mummy and daddy.
I spoke with my little son on the telephone last Saturday - for the first time in a year.....he retains his English and screamed at me to get back to India!! Of course, that did it for the rest of the day for me.....I was in a bit of a heap after hearing his little voice!.......oh well..........soon.

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Old Aug 12th, 2005, 17:31   #15
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Oh dear....you have NO idea what those people were like......you know the sort - no proper helpful advice to give anyone, always giving the opinion that they were part of some sort of elite club............really, all Icame away with was that they were all
D***heads!
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