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Financial Penalty for Overstaying Visas in India

financial penalty for overstaying visas in India

Extending your stay without prior notice is subject to paying penalties and a travel ban in many countries. Immigration recommends travelers make an itinerary to avoid any discrepancies and inconveniences during their trip. Meanwhile, India implemented legal consequences for overstaying nationals within their borders.

The Foreigner's Act, 1946 Section 14 states that whoever stays in any area in India for a duration that exceeds the period granted to them, or violates the conditions of their issued visa, or conflicts the provision of this Act is subject to legal action such as paying fines, banishment or imprisonment which may last up to five years. (For the complete documentation of this Act, refer to  http://legislative.gov.in)

Check the Table of Penalties Below:

Financial Penalty for Overstay 

Duration of Overstay

Financial Penalty (in Indian Rupees)

 1 day up to 15 days 

Nil

16 days up to 30 days

10,000/- 

31 days up to 90 days

20,000/-

Above 90 days

50,000/-


Financial Penalty for Non-Registration
 

Duration of non-Registration Period

Financial Penalty (in Indian Rupees)

 1 day up to 15 days

500/-

16 days up to 30 days

5,000/- 

31 days up to 90 days

10,000/-

Above 90 days

20,000/-


Financial penalty in cases of (a) Tibetans, (b) Buddhist monks from Mongolia & (c) categories of Pakistan, Bangladesh and Afghanistan nationals, who are eligible for grant of Long Term Visa (LTV) for regularization of overstay and/ non-registration.

Duration of Overstay and/ or non-registration period

Financial Penalty (in Indian Rupees)

1 day to 90 days

25/-

91 days up to 2 years

50/-

More than 2 years

100/-


Financial penalty in cases the following categories are eligible for Long Term Visas for non-registration and regularization.  

  • Tibetans
  • Buddhist monks from Mongolia
  • Pakistan, Bangladesh, and Afghanistan nationals

(Visit https://boi.gov.in for official documentation of the Financial Penalty)

Travelers should be aware of their visa expiration and the maximum duration of their stay to avoid ruining their trip. India offers different types of travel permits, depending on the purpose of travel. Travelers should take time to review the policy of their visas.

Below is the classification of Indian Visa:

India 30 Days e Tourist Visa :– The 30-days period begins on the date of their arrival in India. If a traveler enters India on December 1, the last day they could stay would be the 30th of the same month. Visa holders must use their visa before it expires. Otherwise, it will no longer be an eligible permit. 

India 5 years e Tourist visaIndia e Business VisaIndian 1 Year e Tourist Visa :– Foreign nationals are eligible for multiple entries and valid for up to 5 years for continuous trips. The maximum period they can stay in the country is ninety days. In a calendar year, travelers may spend a total of 180 days in India. The issued visa indicates the end date of their trip, and travelers should not stay in India beyond the given timeframe.

Indian e Conference Visa :– Indian e-Conference Visa has the same timeline with 30 days Indian e-Tourist Visas. Their duration of stay begins on the date of their arrival in India. If a traveler enters India on December 1, the end date of their stay should be the 30th of the same month.

India e Medical VisaIndian e Medical Attendant  Visa :– Foreign nationals seeking medical assistance in India, along with their guardians, are eligible to stay for 60 days. Duration of stay begins on the date of their arrival in India. If a traveler enters the country on November 1st, the last day should be December 30.

Extension of Indian Visa :– Foreigners must have an existing travel permit before applying for an India visa extension. Typically, travelers can submit a request before their visa's expiration date. Each individual who intends to stay more than six months is mandatory to register with FRO/FRRO.

Foreigners Regional Registration Officer (FRRO) / Foreigners Registration Officer (FRO) Policy

India implements a law (Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1992) that orders eligible foreign nationals to visit the Registration Office and get a certificate if they intend to stay more than the specified period. Therefore, they are subject to disclose information about their whereabouts and travel itinerary.

Foreign nationals aged sixteen years old and above, including foreigners of Indian origin visiting India more than 180, are mandatory for FRRO/FRO registration. Student visa, Research Visa, Employment visa, and Medical visa holders have to register in the nearest jurisdiction where they stay. Foreign nationals must register within fourteen days after they arrive in India.  Typically, the registration process gets completed on the same day. The timeframe of the result still varies, depending on the FRRO/FRO office.

Pakistanis must submit their registration within twenty-four hours of entry. Travelers below sixteen years of age and those who do not intend to stay for six months get exempted from registration. Foreigners who hold an Indian Tourist Visa need to register if they re-enter within sixty days of the last departure.

Late Registration

FRRO/FRO offices do not charge the registration fee. If a foreigner missed registering within the allowable timeframe, their application is subject to a penalty. (Kindly check the table above for financial penalty.)

Overstaying Visas

 If a foreign national did not adhere to the Foreigner’s Act, 1946 Section 14, they are liable for prosecution and imprisonment up to 5 years. 

Report of absence and changes from Registered Address

If foreign nationals have to leave their registered address for a consecutive period of eight weeks or more, they must inform an authorized representative. Foreign nationals may write a formal letter indicating the reason for their absence, arrival and return date, and any specific changes. They must provide documentation of why they need to leave their residence.

If they stay in a new district for more than eight weeks, they also need to notify the district's Registration Officer of their presence. In the formal notice, they must indicate a proposed arrival and departure date from that district.

A foreign national needs to change their registered address if he's moving from one place to another within Indian territory. They must report to Registration Officer if there are changes made on their whereabouts 

Correction or changes for Personal Information 

Applicants must ensure the accuracy of the registration. Foreign nationals may also correct any false information or mismatch in their certificates by visiting the nearest jurisdiction in their area. They may need to present additional documents to justify the changes. 

Surrender Of Registration Certificate

Foreign nationals should surrender their certificate to the Registration Officer before their final departure from India. Pakistan or Afghanistan nationals have to seek exit clearance in the district where they register. ​If they surrender the document other than the Immigration Officer at the check post, they must provide a receipt as proof.

Duplicate Certificate of Registration

Foreign nationals may request a duplicate copy of their certificate if it gets lost or destroyed. They can ask for another certificate by providing a police report. It must indicate the reason why they need a replacement. 

Sources :-

1 responses to “Financial Penalty for Overstaying Visas in India”

  1. Aadhya 26-05-2021
    Hello, I am from Bangladesh. I have lost my passport for more than 2.5 years and the visa has expired. I am afraid to complain about a financial problem. So now I want to return to my home without any problem, someone help me or suggest me what I can do now.

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