506. Living in India with expired

Visa . . .What are my options?

Question: Thanks for creating this wonderful information portal. I would like to know if there are any options for a Singapore citizen (born there) of Indian origin (both parents of Indian origin) who is living in India with spouse and children but has an expired Singaporean passport (expired for past 10 years or more) and an expired Indian visa? Thanks and Regards Answer: Thank you for your kind words regarding this website, unfortunately I can’t offer any solutions on your question. Staying in India after expiry of Indian visa is illegal as it would be in most foreign countries worldwide. Overstaying beyond your valid visa date can mean payment of fines as well as sometimes imprisonment and deportation. Normally short overstays in India to some extend can be taken care of by paying a fine. Generally, this involves going to the FRRO offices where a penalty and the cost of visa extension fee is charged. The penalty for overstaying is at present US$30 or equivalent Indian currency. There is also a additional fee of US$40 for visa extension (www.immigrationindia.nic.in/faq_visa_extensions2.htm) On the other hand where a person simply continues to stay in India for several years, avoiding fine, imprisonment and deportation is not easy. The only authority that can help such people is the Ministry of Home Affairs, Foreign Division. As per THE FOREIGNERS (AMENDMENT) ACT, 2004. NO. 16 OF 2004 [20th February, 2004.] Penalty for a person who remains in India for a period for which the visa was issued 'shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine . . .

Getting Extension of Indian Visa

Generally, for any extension of a Indian tourist visa, the person seeking extension must actually leave India. Once outside India they can apply for a visa at Indian Consulates. Although it is illegal there may be some people, who simply mail out or send their passports through others abroad, to get a fresh Indian visa and return the passport back to them in India. However, entry and departure dates on passports are checked when leaving India and a discrepancy can lead to problems at point of departure.