Fines and penalties for a foreigner overstaying their visa in India

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

Find out what happens if you overstay in India to avoid issues.

Consequences of overstaying Indian Visa limits

When you stay longer in India than your visa allows, there can be severe consequences, including up to 5 years in jail, significant fines, and the possibility of a permanent ban on entering the country again.

India has been progressively toughening its immigration policies, so keep in mind the following when you're thinking of staying longer in India without a valid visa.

Monetary fines for overstaying an Indian Visa

A monetary penalty is one of the immediate repercussions for overstaying in India. This penalty varies, escalating with the length of the visa breach.

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 US$300
• A visa overstay spanning 91 days to 2 years incurs a fine of US$400
• Overstays exceeding 2 years necessitate a penalty of US$500

If this isn't enough reason to stop you from overstaying your Indian visa, please note that there are other potential legal consequences that you can face, in addition to a fine.

Future travel bans and difficulties in getting visas for other countries

Moreover, the Indian government can enforce legal penalties on tourists who overstay their welcome, turning their visit into an illegal stay.

This means you can be banned from future travel to India and potentially face difficulties getting visas for other countries as well.

Legal consequences of overstaying an Indian visa

India's law also allows immigration officers to impose up to 5 years imprisonment in very severe cases.

While this is a consequence that is rarely imposed, it's still possible, depending on the reasons of your overstay.

The Indian Tourist Visa validity explained

First and foremost, it is illegal to overstay your visa or max. allowed stay in India, no matter the reason.

However, we understand the visa conditions can be confusing. Here's how to read your visa validity on your visa confirmation/sticker:

If you've got a 30-day India Tourist eVisa

• Date of expiry: The latest date you can enter India. You can't arrive in India after this date. If you wish to do so, you must apply for a new visa.
• Maximum stay: You can stay 30 days from the arrival date, even if this is beyond the date of expiry.

Example

• Date of expiry is indicated as March 22, 2024.
• The latest date you can enter India is March 22, 2024. You won't be allowed entry beyond this date.
• From the date of your arrival (any date before March 14), you can stay in the country for up to 30 days. So if you enter India on March 13, you can stay until April 12.

If you've got a 1-year or 5-year India Tourist eVisa

• Date of expiry: The latest date you can leave India (usually 1 or 5 years from the date of issue). In this case, the expiry date is the date by which you must have departed India.
• Maximum stay: The max. allowed number of days per visit, but not later than the expiry date or when your passport expires. This is indicated on the visa confirmation (usually 180 days).

Example 1-year visa:

• Date of expiry is indicated as March 22, 2025. You can enter India any time before this date.
• The indicated stay is up to 180 days per visit, but not later than March 22, 2025, or when your passport expires (whichever comes first).

Consider these scenarios:

1. If you arrive on March 12, 2025, you'll only have 10 days before you must leave the country.
2. If you arrive on April 14, 2024, you have 180 days to leave the country (in this case October 11, 2024). You can enter the country again at a later date.
3. If your passport expires on February 20, 2025, you must leave the country on or before February 20, 2025.

Example 5-year visa:

• Date of expiry is indicated as March 22, 2029. You can enter India any time before this date.
• The indicated stay is up to 180 days per visit, but not later than March 22, 2029, or when your passport expires (whichever comes first).

1. If you arrive on March 12, 2029, you'll only have 10 days before you must leave the country.
2. If you arrive on April 14, 2026, you have 180 days to leave the country (in this case October 11, 2026). You can enter the country again at a later date.
3. If your passport expires on February 20, 2028, you must leave the country on or before February 20, 2028.

Please note: While not an official rule, note that there generally should be a gap of two months (60 days) between two visits to India on a multiple-entry tourist visa.

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 of any consequences
• 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. However, approval is done on a case-by-case basis.

We recommend requesting an extension as soon as you arrive in the country, or at least give the extension process enough time before your visa expires. Never overstay your visa, even if you're awaiting the outcome of your extension.

To extend your stay in India without violating visa rules, apply for a visa extension at the Foreign Regional Registration Office (FRRO), where officials will guide you through the process.

You can find more info about locations on the official FRRO website.

Contact us for more info about your Indian Visa validity

If you have any questions or want us to double-check the validity of your Indian Visa, feel free to contact us via online chat or WhatsApp. We're here to help!