1. Who can grant extension of Employment Visa or Business Visa?
First extension on Employment and Business VISA is granted by the Ministry of Home Affairs, Foreigner ‘s Division, Jaisalmer House, 26, Man Singh Road New Delhi.
However, FRROs/FROs cum Superintendent of Police, can grant three months extension in anticipation on production of relevant documents and simultaneously send the case for the consideration to MHA. On approval of the MHA, FRROs/FROs cum Superintendent of Police, can endorse rest of the 9 months extension. Subsequent extensions, on yearly basis for next 4 more years can be granted by FRROs/FROs cum Superintendent of Police (Except in case of citizens of China and Sri Lanka).
2. Can a foreigner registered on Employment Visa change his original Company/employer?
No. Change of original company by a foreigner who has come to India on employment visa is not allowed on the same visa. The foreigner is generally required to go back to his own country and come to India again on a fresh visa. However, in deserving cases and on satisfaction the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi is competent to permit such change.
3. What type of visa is granted to the family members of foreigners holding ‘E’ type (Employment) Visa?
They are granted ‘X’ (entry) type of visa with a validity co-terminus with the validity of the visas of their spouses or for such shorter period as required or considered necessary by the Visa issuing authority.
However, on every approved VISA extension of a foreigner on Business and Employment VISA, their spouse and children can seek VISA extension on co-terminus basis.
4. Can FRROs/FROs/SSPs change the category of visa?
FRROs can convert VISA and grant extension of stay to foreign students studying up to 12th standard, whose parents are of Indian origin or whose parents are Indian nationals on a year-to- year basis. Same facility is also available for children of foreigners residing in India on long-term basis (studying up to 12th Standard) on valid Visas such as Employment, Business, Research, Entry Student etc.
However, in all other categories FRROs/FROs cum Superintendent of Police can not change the category of VISA.
5. Whether Transit Visa can be extended/converted into another VISA?
No. Transit VISA cannot be extended or converted into another VISA.
However, the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi, can do it on satisfaction in exceptional cases.
6. Whether overstay on Transit Visa can be condoned by FRROs/FROs/SSPs?
No, FRROs/FROs cum Superintendent of Police cannot condone overstay in case of Transit VISA. However, in exceptional cases and on satisfaction only the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi is competent to condone the same.
7. What length of overstay can be condoned by FRROs/FROs?
FRROs/FROs cum Superintendent of Police can regularize overstay up to three months beyond the validity of original visa (excluding tourist visa) in case of reasonable grounds of delay. However, an overstay fee is charged. Apart from this, visa extension fee is also charged.
8. What is the penalty fee for overstay?
An amount in Indian Rupees equivalent to US $30 (Rs.1395/- at present) plus regular fees for extension (Relevant visa fees as per duration of stay and type) is charged.
8. Can diplomatic, official and UN-visas (UN diplomatic/official) be extended by FRROs/FROs?
No, only Ministry of External Affairs. can extend these visas.
9. Whether a 5 years extension can be given to a registered foreigner?
Five year VISA extension can be granted for following categories of foreigners:
- Foreigners of Indian origin, their spouses & children.
- Foreigners living in India on valid visa continuously for last 20 years.
- Experts & technicians coming to India in pursuance of bilateral agreements, their spouses and children.
- Foreigners married to an Indian National, when on long term VISA or when long term extension has been approved by the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi, then further extension up to five year at a time can be given by concerned FRROs/FROs cum Superintendents of Police on production of relevant documents and satisfaction. For Bangladeshi National only one year extension is given at a time and such Sri Lankan Nationals invariably require approval of the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi for all extensions)
10. When extension of a foreigner is under consideration with MHA, he/she is given three months extension, if he travels abroad and comes after expiry of three months extension, will he be given entry?
In such case a foreigner should obtain a fresh short-term visa from Indian Mission abroad to enter into India after expiry of initial 3 months. If the foreigner does not obtain fresh visa and comes to India after expiry of his regular extension, then he/she would be treated as entering India without visa.
11. What are the formalities for getting ‘exit permission’ in ‘lost passport cases’?
A Foreigner needs to complete the following formalities for getting exit in case of lost passport:-
- Copy of Police report for loss of passport.
- Letter from concerned Embassy with details of lost passport and visa details.
- New Passport/Travel Document/Emergency Travel Certificate.
- With these documents the foreigner needs to approach FRRO/FRO cum Superintendent of Police for exit endorsement.
12. Why does a foreigner require arrival confirmation in case of lost passport to get further stay or exit permission?
To verify the legality of his entry into India and also to ascertain details of VISA and duration of stay in India.
13. Is exit permit required in the case of a foreigner who is travelling on Laissez Passer issued by the mission of his country in India in lieu of the passport which was lost by the foreigner in India?
Yes, a specific endorsement by the FRRO/District SP/FRO is required for foreigners travelling on Laissez Passer in lieu of lost passport.
14. Can a foreigner, who entered India along with children, on a passport, with name of children endorsed on the same take exit clearance without the children?
No, a foreigner ‘s departure will not be permitted without children. For that, the foreigner should obtain separate individual passports for the children from the concerned Embassy/Consulate and an endorsement for deletion of children’s particulars from the original passport. Thereafter, on the specific permission of the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi, the foreigner would be allowed exit clearance.
15. What should a foreigner who wants a departure clearance, along with a child born in India after the foreigner arrived in India and holds a separate passport for the child?
The orders for issue of first VISA for a new born foreign child is granted by the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi. For this purpose the foreigner need to approach the Ministry with birth certificate and relevant documents. With orders of the Ministry for issue of VISA ,the foreigner can approach the concerned FRO/FRRO cum Superintendent of Police for VISA endorsement. Regular VISA fee is charged at the time of such endorsement.
16. If a child is born to a registered foreigner in India, can the newly born child be given stay visa?
While in India, first VISA is only granted by the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi. In such a case, the foreigner needs to approach the ministry first and seek VISA orders for the child. The same VISA orders would be endorsed by the concerned FRRO/FRO cum Superintendent of Police on the passport of the child.
Thereafter, subsequent VISA extensions can be made by FRRO/FRO cum Superintendent of Police on co-terminus to his/her parents.
17. Which areas are known as Restricted/Protected areas?
The Protected Areas are as follows:-
- Whole of State of Manipur
- Whole of State of Mizoram
- Whole of State of Arunachal Pradesh
- Whole of State of Nagaland
- Whole of State of Sikkim
- Parts of State of Uttaranchal
- Parts of State of J&K
- Parts of State of Rajasthan
- Parts of State of Himachal Pradesh.
The Restricted Areas are as follows
- Whole of Union Territory of Andaman & Nicobar Islands
- Part of the state of Sikkim
18. Who can issue permit for Restricted/Protected areas?
When a foreigner is in India then the power to issue permit to foreigners for visiting R/P areas lies with the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi and with the Resident Commissioner of the State concerned. However, FRROs have been delegated powers in respect of some specified areas and in some specific conditions.
19. Whether individual foreigner can be issued Restricted/Protected area permits?
No, generally a group of foreigners i.e. 4 or more only can avail this facility. However, the Ministry of Home Affairs, Foreign Division, Jaisalmer House, 26, Man Singh Road New Delhi can issue such permit to an individual. FRROs can issue these permits (for certain areas) only for groups of 4 or more foreigners.
19. Whether every foreigner is required to be registered?
Registration is required for a foreigner who enters India on a long term (visa valid for more than 180 days) STUDENT (Including those who come for study of yoga/Vedic culture/Indian system of dance and music), RESEARCH .EMPLOYMENT, MISSIONARY AND MEDICAL AND MEDICAL ATTENDANT VISA within 14 days of his/her first arrival in India.
Foreigners visiting India on other categories of long term VISA including Business VISA would not require registration if he/she does not intend to stay in India for more than 180 days on each visit. If he intends to stay for more than 180 days on a single visit, he should get himself registered well before the expiry of 180 days.
Pakistan Nationals are required to register within 24 hours and Afghanistan Nationals are required to register within 7 days of their arrival in India. Children below 16 years of age do not require Registration, on any type of VISA.
20. Where can a foreigner register himself?
A foreigner is required to get himself registered with the FRRO (in case of Delhi, Mumbai, Kolkata, Amritsar and Chennai) OR the FRO cum District SP, at other places where the foreigner intends to stay.
21. Is a foreigner required to register himself/herself on each visit?
No, a foreigner is not required to register himself/herself on each visit as long as he/she is visiting on the same visa on which he/she is registered earlier. However, the registered foreigner needs to report to FRRO/FRO, if; re-enters India on a fresh visa. Further, if the registered foreigner obtains a new passport during the validity of his registration and visa, then the foreigner is required to get the visa transferred on to his new passport from FRRO/FRO.