The Penalty Regarding Overstay Visa Violations under e-Visa Rules

overstay e visa penalties

E-Visa India is an official way to enter the country and stay for a specific period of time. The validity of the visa and the duration of stay has been fixed by the Indian Government and it is compulsory for all to adhere to the same. If anyone is found extending their stay in India, they will be responsible for putting them in huge trouble. 

No matter for what reason, it is not at all allowed to extend your stay in India irrespective of the country you are visiting from. Any foreign national found overstay visa in India beyond the allowed limit will be liable for a penalty as well as they will be debarred by the Indian Government for making further visits to the country.

Fine and Penalty for an overstaying Visa in India

Don’t think that you will get away with the overstay penalty by just paying a fine. You will need an exit visa to leave India. The officials will look into the reasons of overstay and then levy the fine accordingly. If the situation requires, the foreigner may also have to face banishment from the country. Banishment or deportation involves sending the foreign visitor back to his country. A person sent back by deportation will not be allowed to enter the country again. 

If a foreigner is found overstaying in India, he/she is liable for prosecution under the Foreigners Act 1946 and imprisonment up to 5 years with fine & exclusion from India.

The penalty is usually around US $30 for a short duration of overstay if the overstay is overlooked by the authorities. 

As per the latest update, there was an increase in the visa violation penalties in India, especially on Indian tourist e visa. Indian Visa Violation Penalties depend on the period of default as mentioned below:

Visa Overstay PeriodAmount in USD
Overstay or non-registration for up to 90 days $300
Overstay from 91 days to 2 years or
Other minor offenses under the Foreigners Act, 1946
The default period is more than 2 years for overstay and/or Visa violations, visiting a place in Protected/Restricted Area without the Permit, etc. $500

Penalties for overstay in India may differ for persons belonging to minority communities from Neighboring countries Pakistan, Bangladesh, and Afghanistan: 

  • Penalty for overstay of more than 2 years  – ₹500
  • Penalty for overstay from 91 days to 2 years – ₹200
  • Penalty for overstay up to 90 days – ₹100

How to avoid getting penalized for overstay?

  • A foreigner who has overstayed in India has to obtain an exit visa from the FRRO. An exit visa is given to those who have entered the country illegally or extended the duration of the visa.   

FRRO govt Website

  • If you have an urgency to extend your stay, you must get in touch with FRRO and ask for extra visa time. During the process, you may be required to answer several questions asked by the officers. You may need to provide residence of purpose and the reason for overstaying.
  • It is always better to reschedule your travel, go back to your country and come back again to avoid the entire situation of overstay.

Note- The validity of Indian visa depends on the type of visa you have applied for. Moreover, it starts from the date of the issue and not the date you enter India, so make sure you are clear about the validity and permitted duration of stay while planning to travel the country.

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