Foreign owned property in Goa, (part Two)

capt_mahajan

Oh yes, quite a few ex Eastern European countries are seen as cheap steals, and not only for the British. I know quite a few Scandanavians who are salivating at the prospect.

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Outside the machine

goangoangone

How do they propose to order beer and fags and get a water or electricity connection in Bulgarian?

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GoanGoan......here

goangoangone

OK, back on topic

Saw my lawyer last night and he says the sub-registrars are very reluctant and being over cautious regarding registration of property to foreigners whilst awaiting the RBI circulars. He also re-iterated that the "form a company" route is closed.
For those who haven't followed the story so far, a quick recap.
I arrived Dec 2004 on a 6 month Tourist visa, acquired a flat Apr 2005, went to the UK Jun 2005. Armed with an "Agreement of Sale", a bank account and FIRC, I was granted a 1 year X visa, returned Jun 2005 and got a Residential Permit. I applied for a 1 year extension in Mar 2006 and I've lived here continuously 'til now. Therefore I've done more than the required 183 days in one tax year so I've asked my lawyer to draw up a "Deed of Sale". He's on very close terms with the sub-registrar and will try to register my deed dated some time in the tax year Apr 2006/2007. I have to go to the UK in Jan/Feb 2007 for personal reasons and my X visa extension will automatically expire, so I want more ammo in view of the current Tourist visa only policy.

machadinha

This is something I don't get. What does the residence permit entail then?

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Nick-H

Foreigners' Registration and Resident Permit is one piece of paper.

You have to register for stays exceeding 180 days (less on some kinds of visa.

There's lots of things you cannot do without a residents permit, and a few (like opening a bank account) that may be technically legal, but are, in practice, difficult.

It is a very important piece of paper to long-term residents.

machadinha

No, yes, I think I had gotten that far. Just it doesn't allow you residence?

I mean I thought residency roughly translates to the right to live. As a resident so to speak.

Nick-H

I guess, broadly speaking, it does...

but specifics (like property ownership) may well not be allowed.

machadinha

Yes but then how does it allow for Goangoan to be kicked out?

enfieldbaba

some more news....http://economictimes.indiatimes.com/...how/461388.cms

dzibead

No, I don't think this is right. I think people get this backwards all the time! The foreignor's registration for a residency permit is not the source of the right to remain in India as a "resident" (as opposed to being a "tourist"). That right has to be based on the type of visa (immigration status) you were given, or possibly on PIO status. If you have the kind of immigration status that includes the right to remain in India longer than 180 days -- because you have, for example, an employment visa, or an x visa based on marriage to a citizen, or you are a PIO -- and you actually intend to stay for longer than the 180-day period (which you might not intend to do, even with an employment visa), then you register for a residency permit, which entitles you to be able to do certain other things (one of which is NOT the right to remain longer than 180 days, because, as I said, that right is derived from your immigration status). Registration for a residency permit is really just a way for the gov't to keep track of foreignors, and ultimately is just evidence that you can stay more than 180 days and are actually living in India and not just "visiting" - it is not the source of the right to do so.

And I believe the 180-day period and the question of a person's "residency" are also tied up with determining in which country a person has to pay taxes on income (but that's a complicated issue that is determined by international tax treaties.)

But registering for a residency permit does not give you the right to stay - which is why goangoangone can be "kicked out". It appears that he only qualifies for a tourist visa and was previously given an x visa by mistake.

GoanCanuck

Very true. There have been a few cases of Americans on 10 year tourist visas being given residency permits because they went to the FRRO to get "registered" even though there was no requirement to do so and the FRRO got confused and gave them residents permits. In many places the guy incharge of registering foreigners does not know the difference between a 10 year tourist visa and a 10 year business visa.

Nick-H

I would agree entirely... First comes, the visa, then the resident's permit.

Once you have your resident's permit, that is the only thing 'they' want to see. I just passed my driving test: the licence should run for five years, but they gave for only seven months because that is the expiry date of my RP.

Don't know about GGG, but I'd take issue with the 'by mistake'. visas and RPs probably get given 'by mistake' once in a blue moon...

what has happened is the goal posts have changed.

The basic law and regulations may not have done, but its interpretation and implementation has. And that, I believe, is cause for complaint by those affected, and extreme caution for those with plans.

It is not uncommon for organisations of many kinds to have very tight regulations, but a day-to-day practice that is easier-going. And doesn't day-to-day practice acquire an authority all its own? Like, for instance, normal business practice can be claimed as an implied clause in a contract...

GoanCanuck

From the link,

Foreigners registration officers in Goa have been instructed by the foreigners division in the MHA to undertake a thorough check into the bona fides of an application for extension of business visa for foreigners visiting the state.

This would require the applicant to attach proof of investment made by him since his arrival in the state, mostly through invoices that would detail not only the extent of investment but also other specifics like labour employed. This would help the visa authorities verify if the business visa issued to him had been put to good use, facilitating extension only in that case.

For example, where the foreigner on a business visa has been running a bakery unit earning no more than, say, Rs 30,000, no extension request must be entertained.

shanthi

[quote=Nick-H] I just passed my driving test: quote]


you old dark horse, you never told me !

Nick-H

Thanks for that: it was as easy as the standard of driving here would lead one to suspect: 2 minutes driving + 4 hours waiting...

But back to topic....

I think that article all sounds pretty reasonable, in that it will separate the real businesses from the shams. 30,000 (I assume they mean per month?) is about my maximum living budget (usually we manage less) so it is not too unrealistic a token of a genuine business.

This is no more or less than what happens here on a visa conversion application, and what was happening in my case before our 'agent' and his friends turned it into a complete cockup and I gave up and applied in London. Apparently they were more easy-going in Goa up to now.