Exit Visa to ETD after entering India from Nepal for medical reason

#1 Jan 6th, 2019, 16:38
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  • Zutak is offline
#1
Dear Indiamike,

I have an urgent problem. I had my passport expired in Nepal and got into serious health problems (suspected cancer of esophagus, not able to eat 3 months) and I had crossed to India in a despair to visit my embassy which is in New Delhi. I was issued an ETD (Emergency Travel Document) to leave to my country ad was told I need to get and Exit Visa from the FRRO. But as I entered India in reality "illegally" a few days ago, I am extremely worried that i could be jailed or something, because my illness is so extreme that I need to stay on liquid diet and cannot manage it without normal facilities. My embassy cannot provide me legal assistance in this, I was told. It is 6 days after my ETD passport was issued.

What are my chances of getting a mercy and issued Exit Visa without penalties and detention? I sincerely do not want anything else than return to my country. But it was impossible in Nepal, for many reasons including my embassy not having a branch there.

Can FRRO arrest m if I am extremely ill?
#2 Jan 6th, 2019, 18:32
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#2
My gut reaction is that this is a pretty serious situation and that you need a lawyer skilled in dealing with the police, just as you need a skilled doctor to deal with your medical problem.
#3 Jan 6th, 2019, 20:20
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#3
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Originally Posted by zif View Post My gut reaction is that this is a pretty serious situation and that you need a lawyer skilled in dealing with the police, just as you need a skilled doctor to deal with your medical problem.
Thank you. A lawyer I cannot afford because I have not enough money.
#4 Jan 6th, 2019, 21:17
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#4
You say your passport expired while you were in Nepal. Did you have a visa for Nepal and did you overstay there? Otherwise I would suggest you go back to Nepal by the same route and leave from there for yofur home country.
#5 Jan 6th, 2019, 22:37
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Originally Posted by Golghar View Post You say your passport expired while you were in Nepal. Did you have a visa for Nepal and did you overstay there? Otherwise I would suggest you go back to Nepal by the same route and leave from there for yofur home country.
My passport AND Nep. visa both expired while I was in Nepal. I would not risk to cross with my new ETD passport with blank pages without Indian entry/exit visas. But I don't understand why would going to Nepal make a difference. Thank you!
#6 Jan 6th, 2019, 22:50
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#6
Although I do not agree with his/her recommendation, I think Golghar is responding to the fact that you entered India illegally. Normally, this board sees cases where the person entered legally and has gone out of (legal) status. I am not sure but the penalties for illegal entry might be more severe - and thats why the suggestion that you consult a lawyer.

First, Id also advise you to seek legal opinion. Second, given your serious medical issues - Id be tempted to go to FRRO, explain your situation and ask for an exit permit. They could, in theory, arrest and start legal proceedings against you, but it is more likely that they help you once they understand the situation. Do take the medical documentation etc. to support your story.
#7 Jan 6th, 2019, 23:12
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#7
Again, my gut reaction is that the people at FRRO have over time heard every story imaginable and that OP's sad case may not draw the sympathy he expects.

They will have many questions. Like where has he stayed in India and how has his Form C been properly filed when he has no visa. When and where did he enter India, and with whose help. What proof does he have he was in Nepal until a week ago. How did he let his Nepali visa and passport suddenly expire. How has he supported himself. Etc. He should expect they will not believe everything he says.

The OP is in a dicey situation. If he mishandles his encounter with FRRO he could make the situation very much worse. This is why I stress he needs experienced counsel to act for him. Do not do this alone.
#8 Jan 7th, 2019, 13:20
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Originally Posted by zif View Post The OP is in a dicey situation. If he mishandles his encounter with FRRO he could make the situation very much worse. This is why I stress he needs experienced counsel to act for him. Do not do this alone.
Thank you, yes, I am aware of all this, that's why I asked for advice here, maybe someone had a similar situation. My fear is that even if had, that person is sitting in jail already. I am so ill that a jail would kill me in two-three days, because I am malnourished and could not prepare my special liquid diet in a jail...If this is in Europe, I am sure that human rights would be considered, but I have no experience in India. I fear the worst.
#9 Jan 7th, 2019, 21:07
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#9
Your Embassy should be able to recommend you a competent legal counsel to accompany you to the FRRO.
#10 Jan 7th, 2019, 21:48
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#10
Not really very related, but a friend of mine had a psychotic break while she was in Laos. The Lao people that she worked with were panicking a bit because she wouldn't speak any language they knew with them, except that she gleefully told them she'd gotten rid of her passport. There was no good mental hospital in Vientiane and they needed to take her Thailand. Somehow they got the Thai authorities to agree to admit her to Thailand despite the lack of a passport. Once she was in Thailand, and they had taken her luggage with her, they discovered that her passport was actually in her luggage. She stayed in the hospital in Bangkok for a few weeks, and eventually flew to her home country. The Thai authorities did issue her some kind of exit visa and she never had any problem with that paperwork. Of course, the mental health issue was still a problem, but exit visa and all that were worked out smoothly.

I think that if you have a Indian doctor on your side, vouching for your medical condition, it may help convince the Indian authorities to give you an exit visa or whatever papers are needed. Without an Indian doctor providing proof, however, the authorities may not do anything. They'll just think it's the latest excuse.

Best of luck!

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