What Are The Consequences Of Overstaying An Indian Visa

Overstaying An Indian Visa
Published on: 18-09-2020

What Are The Consequences Of Overstaying An Indian Visa

If you happen to overstay your Indian Visa, you have to understand that there will be serious consequences. There are strict laws against it. You will have to face serious legalities and penalties. The penalty can be anywhere from $30 to $500. The penalty depends on your duration and degree of violation. Either way, it is not easily forgiven and will stay on your record. But if you happen to overstay, you have to take care of some things. The laws are not to be taken lightly, and if it is ignored you might have to face imprisonment or get banished from the country. The repercussions are real and need to be taken seriously.


Indian Visa Laws

Section 14 the Foreigners Act of 1946

A person can be punished with imprisonment of up to 5 years along with a penalty up to $500; if they are found violating the conditions of the valid visa issued while entering the country.

The penalty varies according to your period of stay.

  • $500- If you overstay for more than 2 years

  • $400- If you overstay between 91 days to 2 years

  • $200- If you overstay up to 90 days

?For citizens of Pakistan, Bangladesh, and Afghanistan the penalties are:

  • Rs. 500- If you overstay for more than 2 years

  • Rs. 200- If you overstay between 91 days to 2 years

  • Rs. 100- If you overstay up to 90 days

You should consider these laws and plan your trips accordingly. You should consider the expiration dates before making bookings and planning any deals. Understanding expiration dates and last dates can get confusing, so it is better you do these calculations right when you get the Visa, and not wait for the last moment.

  • Date of Issue: The date when the Government of India issued the Visa

  • Date of expiry: Last date that you can enter India

  • Last date of Stay: It depends on the date of entry and the type of Visa

With different visas, you get different stay durations. It is better if you get a visa that is suitable for your stay and travel frequency.

  1. If you have a 30-Day e-Tourist visa then you have to enter India between the Date of Issue and Date of Expiry mentioned on your visa. Your last date of stay depends on the day of entry. The day you enter is considered as the first day, and you can stay 30 days from that day. Your 30 days starts from the day you enter India.?

  2. If you have a 1 or 5 years e-Tourist or e-Business Visa, the day you enter does not play a role in the last day of stay. Your last day of stay is the Date of Expiry, and you must leave by that day.

  3. If you have an e-Medical or e-Medical Attendant Visa, the system is similar to the 30-Day e-Tourist visa. Your 60 day period starts from the day you enter the country, and the date of entry is considered as the first day.?

  4. If you have an e-Conference Visa, the rule will be the same as the 30-Day e-Tourist visa. You can stay for 30 days starting from the day of entry.?

These laws are made to be convenient for the traveler and will not be a problem while planning. These are laws that you need to respect and abide by. This is something that should not be taken casually. It will have real consequences. By chance, if you face a problem abiding by them, you could take some precautionary steps before you violate the rules and regulations. If you find out that you need to extend the say and it does not fit in your visa limit you could extend the visa well in advance. It is better to extend the visa before it expires. Maybe you are unsure about the extended stay, but it is better to renew the visa either way. You might not end up using the extended stay, but it's still better than finding yourself in the position of breaking the laws. Extending a visa comes with its own set of rules and limitations. Like you cannot extend your tourist visa except in case of emergencies. For which you will have to contact the

Foreigners' Regional Registration Office and get approval. Though the extension is possible, it is just a better idea to plan better in the first place. It is better to avoid it than get stuck solving the issues.

Some ways to avoid this issue altogether:

avoid this issue altogether

  • Plan Wisely: You don't want to spend your whole trip worrying about the laws and formalities. While planning, if you plan to keep space for sudden changes, then you could avoid chaos. If you make a cut-to-cut plan, you won't have any place for exceptions. It is better to keep a day or two spare while planning.

  • Visa extension can only be done for a visa of more than a 6-month duration. That also needs to be done 60 days before expiry, which is complicated to plan. Hence, it is best to plan everything well in advance, especially when your plan is close to your expiry date.

  • Apply for an exit visa before leaving

  • Book in advance: If you leave the bookings for the last moment that might cause you to change the dates at the last moment. Book return tickets as soon as you get the visa. It will avoid shuffling of plans, and chances are you will get the best prices at that time.

  • Plan the last days: Plan in such a way that the last day should be in your own country. Don't make a plan in which you leave India at the very last moment.

If in case you happen to face some irregularity and have to extend your visa you should call the Foreigners' Regional Registration Office and get help. In case of any emergencies, there are exceptions in place. At the same time, if it is not a case of emergency and happens to be a lack of planning, then you will have to face serious circumstances. So it is better to plan well in advance. Good planning will let you travel with no tension hanging over your head. You can be carefree and enjoy the time you are in India.

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