Law Firm in India

Exit Permit in India

February 01, 2023 | NRI Services

Exit permits are legal drafts issued by the Foreigners Regional Registration Office that permit foreign nationals to leave India after completing their visit in the country.

Whenever someone visits India, they are expected to inform the authorities of their arrival, the reason for visiting along with the period they will be staying for. This is usually done during the Visa application process in order to ensure that a record of all the foreign nationals visiting the country is maintained. However, such foreign nationals must apply for an exit permit and leave the country before their Visa expires or apply for an extension on their stay.

While both of these options are provided for your assistance, failing to do either may result in severe repercussions.


What is an Exit Permit?

If any foreign national visiting India stays on for more than 180 days continuously, they need to register at the Foreigners Regional Registration Office (FRRO). Once your Visa expires and it is time for you to leave the country, you need to apply for an Exit Permit to legally leave the country.

You do not need to pay any exit permit fees in India. However, you may be charged if you plan to extend your Visa to stay in the country.

FRRO Registration

  • Any foreign national visiting India for more than 180 days must get themselves registered with the FRRO of their region of residence within 14 days of arrival.
  • Pakistani nationals must get themselves registered within 24 hours (not 14 days).
  • Children below 16 years, foreign diplomats and Overseas Citizens of India (OCI) do not need to register themselves.
  • If the foreign national will not be staying for 180 consecutive days, they are not required to register with the FRRO.

Note: FRRO is responsible for recording and monitoring the visits of foreign nationals in India. Late registration with the FRRO may lead to legal complications.

While it is not important to get an exit permit always, it becomes imperative to do so when your Visa has expired, you have not complied to the tax laws or failed to adhere to the laws of the land.

Why do you need an Exit Permit?

An exit permit is an official document that implies that you have been cleared by all the concerned authorities and may be allowed to leave the country. This is usually to monitor the individuals that are in India for professional reasons and are earning in the country. You are required to be cleared by the police and timely file tax returns to be able to leave the country without any complications.

Overstaying your Visa can incur fines and legal penalties in India, including getting banned from visiting the country in future. The fines are imposed by the Indian Homeland Security and may vary depending upon the duration that you have overstayed your visit for. Here are the fines you may have to pay if you overstay your Visa:

Less than 90 days: USD 300.00
91 days – 2 years: USD 400.00
2 years or more: USD 500.00

While fines may be imposed for overstaying your Visa in India, there are chances that the Government may take legal action against you, if needed, as well.

Note: Although an option for Visa extension post expiry is available for foreign nationals in India, it is strongly advised to not rely solely on this, as it is quite a tedious and time-taking process.

Need for PAN

Any foreign national visiting India with the purpose of generating income must register themselves with the Income Tax Department and apply for a Permanent Account Number (PAN). Here are some primary activities that you must have a PAN for in India:

  • Proof of Identity.
  • File income tax returns.
  • Open a new bank account.
  • To apply for credit cards or loans.
  • Payments above INR 25,000 in restaurants.
  • Deposits above INR 50,000 in banks.
  • Purchase or sale of any vehicle (except two-wheelers).

You need to submit the following documents to register for a PAN:

  • Proof of Identity.
  • Proof of Address.
  • Non-resident external bank account statement held in India.
  • Bank statement from the country of residence of the applicant.
  • Residence permit or certificate showing resident status issued by police authorities in India.
  • Certificate of Registration with Indian residential address issued by FRRO.
  • Copy of appointment/contract letter issued by Indian company, a copy of the granted Visa or the original draft address proof letter issued by the Indian employer.
Note: Failing to file income tax returns on time shall be considered as flunking and create issues when applying for an Exit Permit.

Penalties for Overstaying in India

Overstaying your Visa in India can lead to serious implications. Some such penalties are listed below:

  • Overstaying can result in a fine, imprisonment or even a ban from the country, if the situation demands so.
  • You will be considered an illegal migrant, irrespective of the period and reason for staying back.
  • Under Section 14 of the Foreigner’s Act, 1946, any foreigner overstaying their Visa may be penalized and face imprisonment for up to five years along with a monetary fine. The monetary fine structure has been mentioned above.
  • If needed, you may be deported back to your country and be barred from visiting India again.


What to do if your Visa has expired?

If your Visa has expired and you are overstaying in India, you may:

  • Reschedule your flight.
  • Apply for a Visa extension (not an easy process and may involve a lot of questioning).
  • Apply for an exit permit/Visa.


Conclusion

Foreign nationals must adhere to Indian laws and ensure they do not err when it comes to Visas and their visiting period in the country. It is extremely important to take care of these things, especially when you are visiting or staying in a different country. You can visit the official FRRO website to register yourself as well as to apply for an exit permit.


We can assist you with Exit Permit concerns in India. You can get in touch with us by submitting a query below.

How Can we Help You?

Write to us with your enquiries, questions or request a meeting with a lawyer to discuss your potential case. One of our experts would review the form and revert back shortly.

Thank you for getting in touch!

We appreciate you contacting us at India Law Offices. We will review the details that you have submitted and one of our experts will connect with you shortly.

Invalid Captcha