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Fines and penalties for a foreigner overstay in India
iVisa
4 min read
Updated on Jan 29, 2024

If you are a foreigner and overstay in India exceeding the validity period of your visa, you may face serious legal problems, penalties, and even a ban on future entry.

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What is the Indian Tourist Visa validity

First, you should know that it is illegal to overstay your visa in India, no matter the reason. In India, the travel authorization and visa requirements for foreign nationals specify the time they are allowed to stay in the country.

The visa validity and time allowed to stay in India depends on your visa type. Check out our blog for comprehensive information on India Tourist e-Visa validity and length of stay.

Your visa will be revoked if you extend your authorized stay; you will be considered an illegal immigrant.

Fines and penalties for overstaying an Indian visa

When you extend your stay beyond your visa's expiry, a monetary penalty is one of the immediate repercussions. This penalty varies, escalating with the length of the visa breach. Notably, India has been progressively toughening its immigration policies, substantially increasing these fines.

India's Department of Homeland Security specifies fines based on the extent of visa overstaying as follows:

  • A visa overstay of less than 90 days attracts a fine of USD 300.00.

  • A visa overstay spanning 91 days to 2 years incurs a fine of USD 400.00.

  • Overstays exceeding 2 years necessitate a penalty of USD 500.00. In addition, the Indian government has the authority to impose legal penalties on tourists who exceed their permitted stay, thereby becoming an illegal presence.

Typically, minor infractions don't lead to strict legal consequences. However, if the breach is coupled with unlawful activities, you could face a ban preventing future entry into the country.

India's law also provisions for severe consequences for protracted overstays. Offenders could face up to 5 years imprisonment, alongside a hefty fine. Additionally, a lifelong ban on re-entry into the country could be imposed.

Understanding the significance of an Indian visa expiration date

Understanding the duration of your stay in a country is crucial, which makes comprehending the basic concepts related to visa expiration dates essential. Here are a few key terms you need to know:

  • Date of Issue: The date when the visa was granted.

  • Expiration Date: The final date the visa holder is allowed to enter the country.

  • Last Date of Stay: This is calculated based on the visa holder's entry date into India and their specific visa type.

It's important to note specific details concerning your allowed duration of stay based on your visa type:

  • 30-day e-Tourist India Visa: Holders of this visa must enter India between the date of issue and the visa's expiration date. The final day of their stay depends on the entry date, meaning they have 30 days in India from the day they enter. They must depart the country once these 30 days are over.

  • 1-year e-Tourist Visa, 5-year e-Tourist Visa, or e-Business Visa: The last date of stay for these visas is indicated by the visa's designation. In the case of the e-Business Visa, it corresponds with the 1-year visa. The final day of stay is specified in the visa's details.

  • E-Medical Visa: The validity of this visa extends to 60 days from the date of entry into India, with the arrival date considered the first day.

Always verify the type of visa you require and the duration you can stay in the country to avoid legal issues.

Apply for an Indian Visa today!

Steps to take if you have overstayed your Indian visa

When you have, for some reason, overstayed your Indian visa, it is essential to act immediately. Take the following steps:

  • Contact an immigration attorney.

  • Determine eligibility for an exemption.

  • Do not break the law in the country (this should be a given).

  • Be patient and await the outcome.

While there is no guarantee that you can avoid or mitigate penalties for overstaying your visa, taking these steps can improve your chances that no legal action will be taken against you.

Applying for an extension of your Indian visa

It is possible to extend your Indian visa beyond its original expiration date, but only if it is done before it expires. However, it is essential to note that it is impossible to renew your visa if you hold a short-term tourist permit, such as a 30-day Indian eVisa.

Foreign travelers with a visa valid for more than six months and registered with the Regional Foreigners Registration Office can extend their permission to stay in India. To do so, the visa holder must register for an extension at least 60 days before the expiration date of their document and wait for approval to stay longer in the country.

Disclaimer
  • iVisa is NOT affiliated with any government agency. This site does not provide legal advice and we are not a law firm. None of our customer service representatives are lawyers and they also do not provide legal advice. We are a private, internet-based travel and immigration consultancy provider dedicated to helping individuals travel around the world. You may apply by yourself directly on the various government websites. The source of information: https://boi.gov.in/boi/

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