overstay question, 40 days and still on

Nick-H · Jun 3rd, 2007, 09:53

If you had an X-visa you could have stayed for the duration of the visa, and, possibly, renewed it in india without leaving. There is no requirement to leave after 180 days on an X visa.

However, you should have registered by the time 180 days came around, on an X visa.

I've never heard of the five year ban as being law, but a possible consequence of breaking any country's visa conditions is that they may refuse to give you another visa. Perhaps even for ever!

federica · Jun 4th, 2007, 05:06

Quote:

Originally Posted by Nick-H

However, you should have registered by the time 180 days came around, on an X visa.

She should have registered in the first 14 days after arrival... (for most nationalities, including Germans)...

Carolin, I think I would show them the letter.... although I feel it will be still difficult (as you didn't register), but with a very patient and friendly attitude, maybe they won't create problems... it all depends on the mood of the guy who is dealing your case. With an X-visa you wouldn't have to leave the country after 180 days.

mary10 · Jun 4th, 2007, 12:04

Quote:

Originally Posted by federica

She should have registered in the first 14 days after arrival... (for most nationalities, including Germans)...

Carolin, I think I would show them the letter.... although I feel it will be still difficult (as you didn't register), but with a very patient and friendly attitude, maybe they won't create problems... it all depends on the mood of the guy who is dealing your case. With an X-visa you wouldn't have to leave the country after 180 days.

Yup! In India this is situations where they make use of baksheesh. To me as a European this system was too appalling, and I never used it in my years in the country. No matter what the obstacle I got things done properly. I am actually quite proud of refusing to be a part of it all. After all, if you really believe (in karma) what goes around comes around, you don't encourage or pay bribes.

I'm in a school that focus on Asian studies and there are many students here who have quite some stories to tell from their travels to India... I'm pretty disappointed that many resorted to baksheesh to straighten things out.

edwardseco · Jun 4th, 2007, 13:28

Good attitude, my spouse does the same and insists on receipts for all official payments. The official just looks at me sympathetically. I figure its no big expense to do right by her..

Nick-H · Jun 4th, 2007, 22:54

Any non-local who is not very well-versed in the culture would be very ill-advised to offer bribes to govt officers, unless they are very sure of themselves and the situation.

Remember that the payer is committing a crime as well as the receiver.

Those who have worked here long-term and had lots of official dealings may be able to feel their way on this; I wouldn't dare!

Absolutely refusing to pay any bribes is one way to go. In principle it must be the best way to go. In practice, the Indian people I know with this principle get messsed around no end, have to wait years for stuff, etc etc etc.

a_f_d · Dec 9th, 2007, 17:11

Nick-H said

Quote:

However, you should have registered by the time 180 days came around, on an X visa.

federica said

Quote:

She should have registered in the first 14 days after arrival...

The rules on this seem to have changed fairly recently, and Nick-H is right - at least I hope he is
AndyD 8-)# (fingers crossed)

mary10 · Dec 9th, 2007, 17:25

The visa rules seem to change depending on what police station you go to register with and what they know. Fact is many of them know nothing about the rules, especially in small districts, and this is a major problem. They can give advice which is not accurate. I knew one woman who was sorely harassed for her visa papers and threatned by the police, taken in to the station and was put in temporary confinement for 3 days. All her documents were 100% accurate. She went through months of hell contacting even the Indian government to finally straighten out the mistakes committed by her local police department.
If anyone has visa questions or local problems they should turn to the main office of the Superintendent of Police in the state they reside in (always in a major city).

Regarding the 14-day rule this has been true for me too. For several years the rule, at least in Karnataka, was that you would need to register with the local superintendent of police within 14 days of arrival in the country if you meant to stay up to or above 180 days. No need to register of you only stay up to 90 days (3 months). For long-term stays they also required an AIDS/HIV test to be taken and submitted with your registration details (copies of passport, photos and copies of visa). I never heard of any requirement of tax certificate. I think that is an old rule that is obsolete.

I actually found the Visa regulations on the government website:

http://www.immigrationindia.nic.in/r...quirements.htm

Nick-H · Dec 9th, 2007, 18:17

It's not only smaller places, Mary! I had this experience at the Immigration Office in Chennai

I needed to be registered, and quickly (that's another story). I could not get past the guy on the front desk who's personal interpretation of 'no need to register if stay does not exceed 180 days' was 'you cannot register until you have been here 180 days'. Brick wall.

It's also another story how my wife got us to the desk of the Director, and how we left his office with a scrap of paper telling the front office people to what we were requesting.

federica · Dec 9th, 2007, 21:28

So there is no "REGISTRATION REQUIRED WITHIN 14 DAYS OF ARRIVAL IN INDIA" stamp on your visa anymore?

Even on the visa itself it said "registration required within 14 days...for visas valid for more than 180 days"... is ist still there?

Nick-H · Dec 9th, 2007, 22:29

It depends on what kind of visa it is.

My last 'X' visa, valid one year, had a rubber stamp: Registration not required if length of stay does not exceed 180 days.

See the Bureau of Immigration Site which I think is the source of Mary's information above*.

But, whatever it says on your visa is what you should go by, at least to show willing. If they send you away, though, get them to sign a paper, so they can't blame you if another official takes a different view.

*Yes it is. Sorry: I didn't notice her link at the end of the post before.

a_f_d · Dec 10th, 2007, 15:20

Quote:

Originally Posted by Nick-H

It depends on what kind of visa it is.

My last 'X' visa, valid one year, had a rubber stamp: Registration not required if length of stay does not exceed 180 days.

See the Bureau of Immigration Site which I think is the source of Mary's information above*.

But, whatever it says on your visa is what you should go by, at least to show willing. If they send you away, though, get them to sign a paper, so they can't blame you if another official takes a different view.

*Yes it is. Sorry: I didn't notice her link at the end of the post before.

yes, the visa still says that** (but interestingly the landing form they hand out on planes has changed - it now lists those categories who have to register within 14 days and the rest "before 180 days"). Some official websites also have the new info.

** I pointed this out to the very pleasant young lady at Panjim FRRO but she just said "we're not doing that - come back in February". I pointed out that they will be busy in February but she was unmoved. She also refused to give anything in writing.

AndyD 8-#

all-one-heart · Dec 26th, 2007, 18:21

Quote:

Originally Posted by dilbharatmain

And you know the 'C' forms that you fill in at every hotel? Well every single one of those from my year travelling around India turned up in Calcutta so they could trace my every movement, and also detect I had spent 4 months in himachal in 'non-registered' tourist accommodation - ie, renting a house and not filling in a 'C' Form. Bit of a hassle at the end of the holiday... try to get the paper work in order before heading to the airport.

Hi. What's the correct proceedure to rent a house, then?

Nick-H · Dec 26th, 2007, 19:12

This is not to do with overstaying, which I would seriously recommend against, unless confined to a hospital bed or equivalent emergency, but...

I came to India on a tourist visa in Jan 2005 and rented a property (actually the rental was completed with the property owner in London before coming). I stayed there until June, then returned to UK, keeping my rented house. After having spent 5 months in UK, I returned to my house on another tourist visa and, within one month, got married in India. The following March I returned to UK for a month, and obtained an X visa, on the basis of which I registered as a resident on my coming back to India.

I guess all that paperwork, or its absence, may catch up with you if you overstay or get into trouble with the law.

I did neither of these things, and had no problems with my several entries and departures.

Jun 3rd, 2007, 09:53	#16
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 27,701	If you had an X-visa you could have stayed for the duration of the visa, and, possibly, renewed it in india without leaving. There is no requirement to leave after 180 days on an X visa. However, you should have registered by the time 180 days came around, on an X visa. I've never heard of the five year ban as being law, but a possible consequence of breaking any country's visa conditions is that they may refuse to give you another visa. Perhaps even for ever! __________________ . Just one member of the IndiaMike Mod Team

Dec 9th, 2007, 17:25	#22
mary10 Account Closed Join Date: May 2007 Location: London Posts: 100	The visa rules seem to change depending on what police station you go to register with and what they know. Fact is many of them know nothing about the rules, especially in small districts, and this is a major problem. They can give advice which is not accurate. I knew one woman who was sorely harassed for her visa papers and threatned by the police, taken in to the station and was put in temporary confinement for 3 days. All her documents were 100% accurate. She went through months of hell contacting even the Indian government to finally straighten out the mistakes committed by her local police department. If anyone has visa questions or local problems they should turn to the main office of the Superintendent of Police in the state they reside in (always in a major city). Regarding the 14-day rule this has been true for me too. For several years the rule, at least in Karnataka, was that you would need to register with the local superintendent of police within 14 days of arrival in the country if you meant to stay up to or above 180 days. No need to register of you only stay up to 90 days (3 months). For long-term stays they also required an AIDS/HIV test to be taken and submitted with your registration details (copies of passport, photos and copies of visa). I never heard of any requirement of tax certificate. I think that is an old rule that is obsolete. I actually found the Visa regulations on the government website: http://www.immigrationindia.nic.in/r...quirements.htm Last edited by machadinha : Dec 9th, 2007 at 20:10. Reason: merged posts, replaced fully quoted page by URL

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Jun 4th, 2007, 13:28	#19
edwardseco Maha Guru Member Join Date: Sep 2001 Location: Land that shakes and bakes. Posts: 4,208	Good attitude, my spouse does the same and insists on receipts for all official payments. The official just looks at me sympathetically. I figure its no big expense to do right by her..

Jun 4th, 2007, 22:54	#20
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 27,701	Any non-local who is not very well-versed in the culture would be very ill-advised to offer bribes to govt officers, unless they are very sure of themselves and the situation. Remember that the payer is committing a crime as well as the receiver. Those who have worked here long-term and had lots of official dealings may be able to feel their way on this; I wouldn't dare! Absolutely refusing to pay any bribes is one way to go. In principle it must be the best way to go. In practice, the Indian people I know with this principle get messsed around no end, have to wait years for stuff, etc etc etc.

Dec 9th, 2007, 18:17	#23
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 27,701	It's not only smaller places, Mary! I had this experience at the Immigration Office in Chennai I needed to be registered, and quickly (that's another story). I could not get past the guy on the front desk who's personal interpretation of 'no need to register if stay does not exceed 180 days' was 'you cannot register until you have been here 180 days'. Brick wall. It's also another story how my wife got us to the desk of the Director, and how we left his office with a scrap of paper telling the front office people to what we were requesting.

Dec 9th, 2007, 21:28	#24
federica Maha Guru Member Join Date: Jun 2004 Location: Bavaria Posts: 1,093	So there is no "REGISTRATION REQUIRED WITHIN 14 DAYS OF ARRIVAL IN INDIA" stamp on your visa anymore? Even on the visa itself it said "registration required within 14 days...for visas valid for more than 180 days"... is ist still there?

Dec 9th, 2007, 22:29	#25
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 27,701	It depends on what kind of visa it is. My last 'X' visa, valid one year, had a rubber stamp: Registration not required if length of stay does not exceed 180 days. See the Bureau of Immigration Site which I think is the source of Mary's information above. But, whatever it says on your visa is what you should go by, at least to show willing. If they send you away, though, get them to sign a paper, so they can't blame you if another official takes a different view. Yes it is. Sorry: I didn't notice her link at the end of the post before.

Dec 26th, 2007, 19:12	#28
Nick-H Loud-mouthed, Noisy Bird Join Date: Oct 2004 Location: Chennai, India Posts: 27,701	This is not to do with overstaying, which I would seriously recommend against, unless confined to a hospital bed or equivalent emergency, but... I came to India on a tourist visa in Jan 2005 and rented a property (actually the rental was completed with the property owner in London before coming). I stayed there until June, then returned to UK, keeping my rented house. After having spent 5 months in UK, I returned to my house on another tourist visa and, within one month, got married in India. The following March I returned to UK for a month, and obtained an X visa, on the basis of which I registered as a resident on my coming back to India. I guess all that paperwork, or its absence, may catch up with you if you overstay or get into trouble with the law. I did neither of these things, and had no problems with my several entries and departures.

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