Infant e-visa expired - overstay by few months

#1 Feb 12th, 2019, 19:46
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  • kjijiaw is offline
#1
I was an Indian citizen by birth but recently became a Canadian citizen. So, applying for visas to India was a domain we never entered. My wife is still an Indian citizen.

We had a baby in Canada, who is a Canadian citizen. We decided of moving back to India.

I had just enough time to get my OCI card in Canada. We didn't have time to get my son's OCI, so I applied for an e-visa for him, and thinking I'll apply for his OCI once we were in India.

Now I completely missed the fact that there is a 2 month limit on e-visa. Complete oversight. 6 months later, we are living here and I see the passport one day and damn, visa expired.

So I applied for e-visa extension so that I could get him the OCI. This process and document submission has been going on for about 3 months. Got a call from the FRRO today saying my son has overstayed for too long, this is not acceptable and your son must exit India and go to another country. We can't give him any extensions. He can apply for a new sticker visa or OCI and then come back.

Now my question is, can an infant be asked to leave? How does this even work? He definitely can't anywhere and get any visas.

I am an OCI and my wife is still an Indian citizen.

Any help would be appreciated!

Thanks,
Aj
#2 Feb 12th, 2019, 23:02
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  • mamoru01 is offline
#2
I'm sure FRRO is aware that your son is an infant when they called.
He needs to get Exit Permit from FRRO so maybe you can ask them for other options.

Regarding your other questions....
Now my question is, can an infant be asked to leave?
>It sounds like FRRO did ask your son to exit India.

How does this even work?
>Obviously, he won't be asked to leave on his own but the visa rules apply to everyone, regardless of age. Just like you had to apply for e-visa on your son's behalf, someone else needs to accompany him out of India.

He definitely can't anywhere and get any visas.
>Maybe he can reapply for evisa from outside of India?
#3 Feb 13th, 2019, 00:19
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  • Nick-H is offline
#3
I have the impression that the Immigration Bureau/FRRO do try to accommodate mixed-nationality families of Indian origin. There are adults who came to to India in the same circumstances as your child, with such issues long since forgotten by their parents, who only discover that they are actually illegal immigrants when the day comes that they need , eg, to visit another country.

But, I guess they have their limits. Maybe e-visa doesn't get much sympathy, as it really is a short-validity visa for limited tourism visits. You could, at least, have got him a longer-term Tourist visa.

You seem OK with the fact that it was all your fault, your oversight, and yes, you are now looking at the cost of your mistake: mum or dad must leave the country with Son and apply for a longer-term visa with which they can return.

I'm somewhat out of touch with visas of the last decade or so, having lived here for that time as PIO/OCI (Indian wife) but, my humble suggestion would be an Entry (Sometimes called 'X') visa. Strictly, tourist visas are not eligible for extension, conversion, etc, except in particular circumstances, whereas an X visa can be renewed in India, and may well be a better platform for OCI application.

Sorry about those flights... but, as things stand, no, you don't have an alternative. Unless you can persuade someone at FRRO to make you a better offer.
Quote:
Originally Posted by mamoru01 He needs to get Exit Permit from FRRO
As well as the exit visa (a stamp permitting your son to remain in India until a given date) it just might be worth asking them for a no-objection-to-return-to-India stamp too. Technically, he is an over-stayer!

The usual disclaimer plus some: I am not a lawyer, I am just a guy who first came to India as a tourist and, marrying and settling down here, has been through the range of visas through T, X, PIO and OCI. All this is in my very humble opinion.

For others reading this thread in the future, hopefully before the event, my humble opinion is non-Indian/OCI members of Return-to-India families should probably have an X visa if not OCI itself. Issue times for OCI have really come down, from months to just a few weeks, in the past year or so. Suggestion is: please, don't use tourist (especially e-) just to get in the country with no intention of leaving. You will be on the wrong foot when that visa expires. It is not an easy one-way-into-India visa, however brown your genes. It will end in inconvenience, trouble, or even tears.

.
~
Life gets aadhar every day.
.
Last edited by Nick-H; Feb 13th, 2019 at 16:41.. Reason: Later... added a bit.
#4 Feb 13th, 2019, 09:25
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  • nycank is offline
#4
You made the mistake, and were sloppy ! Take the trip, spend the moolah, or file for change in citizenship from Knada to India.

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