Refused Entry

sadev · Nov 6th, 2009, 10:19

Dear All

I am a Sri Lankan, i studied in India and now working for a company in Sri Lanka. During my stay in India on student visa, my mother joined me on a tourist visa and was over stayed for about 15 years.

We applied for the clearance for my mother at the immigration office in chennai and got it cleared for her to depart india. (It was legally done)

its been three years now and I normally applied for a visa at the Inidna high commision in Sri lanka and got a tourist visa.

However when we went to chennai, the immigration officials refused entry for my mother staying that she overstayed. The FRRO also informed us that she needs to get the clearance.

In this connection i was told that i can get the clearance in chennai. I would like to get an idea before approaching the immigration in chennai for getting the clearance.

in one of the thread i read that the records are only kept for a maximum of five years and after that she can enter without any problems after five years

I would be appreciative if the senior members or any other member who have the knowledge on this subject, advice me on how to take a clearance on this shubject.

Thanks to all

Nick-H · Nov 6th, 2009, 14:40

Well, as a matter of principle, I'd suggest that if you invited a friend for an evening and they didn't leave your house for a year, you probably wouldn't want to let them back in your house again.

On that basis, I'd say your assumption that your mother should be allowed into India is wrong.

Whether MHA (Immigration Bureau) in Chennai can grant "clearance" or not, I do not know. The immigration officials that refused your mother are MHA officials.

Whilst you could just walk into the Immigration Bureau office and talk to them, at this time, I think you need a lawyer to advise you.

matt67 · Nov 6th, 2009, 15:09

15 years of overstaying will be frowned upon in any country.

I am afraid you will face these problems again and again. Even if one immigration official decides to grant entry (he may be in a good mood, about to finish shift and does not want the paperwork hassle, too many passengers to deal with, misses the information on his screen etc etc) does not emnaq another officer on another day wont take a different approach.

sadev · Nov 6th, 2009, 18:51

nickh

thanks for the reply. I am not of the view that my mother should be given the permission to enter india. just wanted to see if there is any possible ways of getting the clearance done for people who have over stayed.

as a matter of fact there are many sri lankan families who stay in tamilnadu without a proper visa. any advice on how to get a clearance done will help many of them because most of them have returned back to their base and finding it difficult to make a journey to india.

however even i am also of the view to obtain some valuable advice from a lawyer expert in this field.

matt 67

as u said it is very certain that the problem might be recurring again and again if it is not lawfully done. i mean cleared and obtain the necessary permission to enter india. infact i was wondering if there are any ways and means for people who have overstayed.

any advice on this issue is greatly appreciated.

thanks for all

Nick-H · Nov 6th, 2009, 18:57

OK, sadev... I hope you can find someone to advise you and that you have a positive outcome.

curtdfw · Nov 6th, 2009, 20:23

Quote:

Originally Posted by sadev

...in one of the thread i read that the records are only kept for a maximum of five years and after that she can enter without any problems after five years

One may have been able to count on that some years back but now, with records stored electronically, everyone's visa, entry and exit history is available to immigration authorities at the touch of a button.

Best of luck in getting it sorted out, and do post any progress or results -- you're not the only person in this situation.

sadev · Nov 7th, 2009, 09:46

curtdfw & nickh

thanks for your words.

will definitely appraise all on the progress of it.

thanks to all

matt67 · Nov 7th, 2009, 15:30

A ban is usually a ban for life. there is no comeback...not as far as i know. Maybe not what you wanted to hear, but thats tehe way it works in other countreis too.

Nov 6th, 2009, 10:19	#1
sadev Member Join Date: Nov 2009 Location: Chennai Posts: 3	Refused Entry Dear All I am a Sri Lankan, i studied in India and now working for a company in Sri Lanka. During my stay in India on student visa, my mother joined me on a tourist visa and was over stayed for about 15 years. We applied for the clearance for my mother at the immigration office in chennai and got it cleared for her to depart india. (It was legally done) its been three years now and I normally applied for a visa at the Inidna high commision in Sri lanka and got a tourist visa. However when we went to chennai, the immigration officials refused entry for my mother staying that she overstayed. The FRRO also informed us that she needs to get the clearance. In this connection i was told that i can get the clearance in chennai. I would like to get an idea before approaching the immigration in chennai for getting the clearance. in one of the thread i read that the records are only kept for a maximum of five years and after that she can enter without any problems after five years I would be appreciative if the senior members or any other member who have the knowledge on this subject, advice me on how to take a clearance on this shubject. Thanks to all

Nov 6th, 2009, 15:09	#3
matt67 Senior Member Join Date: Mar 2007 Location: Bath Posts: 207	15 years of overstaying will be frowned upon in any country. I am afraid you will face these problems again and again. Even if one immigration official decides to grant entry (he may be in a good mood, about to finish shift and does not want the paperwork hassle, too many passengers to deal with, misses the information on his screen etc etc) does not emnaq another officer on another day wont take a different approach. __________________ 'Indian thriller with english lyrics' on Youtube is there anything funnier....??? Gosh my old calculator aint got no bow....

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Nov 6th, 2009, 14:40	#2
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,213	Well, as a matter of principle, I'd suggest that if you invited a friend for an evening and they didn't leave your house for a year, you probably wouldn't want to let them back in your house again. On that basis, I'd say your assumption that your mother should be allowed into India is wrong. Whether MHA (Immigration Bureau) in Chennai can grant "clearance" or not, I do not know. The immigration officials that refused your mother are MHA officials. Whilst you could just walk into the Immigration Bureau office and talk to them, at this time, I think you need a lawyer to advise you.

Nov 6th, 2009, 18:51	#4
sadev Member Join Date: Nov 2009 Location: Chennai Posts: 3	nickh thanks for the reply. I am not of the view that my mother should be given the permission to enter india. just wanted to see if there is any possible ways of getting the clearance done for people who have over stayed. as a matter of fact there are many sri lankan families who stay in tamilnadu without a proper visa. any advice on how to get a clearance done will help many of them because most of them have returned back to their base and finding it difficult to make a journey to india. however even i am also of the view to obtain some valuable advice from a lawyer expert in this field. matt 67 as u said it is very certain that the problem might be recurring again and again if it is not lawfully done. i mean cleared and obtain the necessary permission to enter india. infact i was wondering if there are any ways and means for people who have overstayed. any advice on this issue is greatly appreciated. thanks for all

Nov 6th, 2009, 18:57	#5
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,213	OK, sadev... I hope you can find someone to advise you and that you have a positive outcome.

Nov 7th, 2009, 09:46	#7
sadev Member Join Date: Nov 2009 Location: Chennai Posts: 3	curtdfw & nickh thanks for your words. will definitely appraise all on the progress of it. thanks to all

Nov 7th, 2009, 15:30	#8
matt67 Senior Member Join Date: Mar 2007 Location: Bath Posts: 207	A ban is usually a ban for life. there is no comeback...not as far as i know. Maybe not what you wanted to hear, but thats tehe way it works in other countreis too.