Visa Extensions

Question1: Who can grant extension of Employment Visa or Business Visa?
Answer:

  • 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).

Question 2: Can a foreigner registered on Employment Visa change his original company/employer?
Answer:

  • 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.

Question 3: What type of visa is granted to the family members of foreigners holding ’E’ type (Employment) Visa?
Answer:

  • They are granted ‘entry’ (X) 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.

Question 4: Can FRROs/FROs/SSPs change the category of visa?
Answer:

  • FRROs can convert visa and grant extension of stay to foreign students studying up to 12th(A Level) 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(A Level) Standard) on valid visas such as Employment, Business, Research, Entry Student etc.
  • However, in all other categories FRROs/FROs cum Superintendent of Police cannot change the category of visa.

Question 5: Whether Transit Visa can be extended/converted into another visa?
Answer:

  • 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.

Question 6: Whether overstay on Transit Visa can be condoned by FRROs/FROs/SSPs?
Answer:

  • 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.

Question 7: What length of overstay can be condoned by FRROs/FROs?
Answer:

  • 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 of US$ 30 (equivalent INR amount as per the prevailing exchange rate) is charged.
  • Apart from this, visa extension fee is also charged which varies from country to country.

Question 8: What is the penalty fee for overstay?
Answer:
An amount in Indian Rupees equivalent to US $30 (equivalent INR amount as per the prevailing exchange rate) plus regular fees for extension (Relevant visa fees as per duration of stay and type) is charged.

Question 9: Can diplomatic, official and UN-visas (UN diplomatic/official) be extended by FRROs/FROs?
Answer:
No, only MEA can extend these visas.


Question 10: Can a 5 years extension be given to a registered foreigner?
Answer:
Yes, 5 years visa extension can be granted for following categories of foreigners:

  1. Foreigners of Indian origin, their spouses and children.
  2. Foreigners living in India on valid visa continuously for last 20 years.
  3. Experts and technicians coming to India in pursuance of bilateral agreements, their spouses and children.
  4. 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)

Question 11: When extension of a foreigner is under consideration with Ministry of Home Affairs (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?
Answer:

  • 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.

Disclaimer: Information provided here is based on data/information available on various public domains. It is the student’s responsibility to comply with all Visa or all other formalities as defined by government from time to time. Thus it is advised to visit Ministry of External Affairs website for the most updated information and towards any complications and hassles.

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