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Exit Permit or Registration if you stayed more than 180 days per calendar year?

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Exit Permit or Registration if you stayed more than 180 days per calendar year?

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Old Jan 1, 2024, 10:49 am
  #1  
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Angry Exit Permit or Registration if you stayed more than 180 days per calendar year?

All,

I just had a colleague miss his flight departing from Hyderabad because he was stopped by Indian Immigration. He's helping me setup an Offshore Dev Center. He was here for a total of 10 months. He left for a couple weeks to Thailand, then came back for another 5 months. When he tried to leave this last time, the immigration people said he needed to apply for an exit permit or register with FRRO. Is this a new rule? Is there any way around this? If you have any insight, please respond or DM me.
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Old Jan 2, 2024, 3:16 am
  #2  
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Did he overstay his visa?
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Old Jan 2, 2024, 3:36 am
  #3  
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If you stay >180 days/year in India, you need to register with the FRRO:

Registration Requirements

Foreign Nationals visiting India are required to register with the Foreigner’s Regional Registration Office (FRRO) or the Foreigner’s Registration Office (FRO) as per their visa category and endorsement. Details are as under:
  1. Foreign Nationals entering India on a Student, Employment, Medical or Missionary visa where the visa is valid for more than 180 days, should register with the jurisdictional FRRO/FRO within 14 days of their arrival in India.
  2. Business visa holders should register with the jurisdictional FRRO/FRO if their aggregate stay in India within the calendar year (Jan to Dec) exceeds 180 days or their continuous stay in India exceeds 180 days.
  3. Foreign Nationals holding visas other than those mentioned above, will be required to register if their continuous stay in India exceeds 180 days.
  4. Pakistani nationals are required to register with their local FRO within 24 hours of their arrival in India.
Note:
  • Children below 12 years of age do not require to register with the FRO/FRRO.
  • OCI cardholders are exempt from the requirement of registration.
  • Citizens of Nepal and Bhutan are exempt from the requirement of visa and registration.
  • All specific conditions and stipulations endorsed in the visa shall be adhered to at all times.
  • Non-compliance with registration rules shall result in legal consequences.

https://boi.gov.in/boi/public/conten...5-7222d39da36d
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Old Jan 2, 2024, 5:25 am
  #4  
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I don't think so, but it seems like it was close to the 180 days.
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Old Jan 2, 2024, 6:18 am
  #5  
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Originally Posted by rburner3
I just had a colleague miss his flight departing from Hyderabad because he was stopped by Indian Immigration. [...]. He was here for a total of 10 months. He left for a couple weeks to Thailand, then came back for another 5 months.
The rules (which are also given to you during the visa application process) are clear: if you stay for more than 180 days a year, you need to register and/or get an exit permit.
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Old Jan 2, 2024, 6:34 am
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Originally Posted by rburner3
He was here for a total of 10 months. He left for a couple weeks to Thailand, then came back for another 5 months.
Originally Posted by oliver2002
If you stay >180 days/year in India, you need to register with the FRRO:
Originally Posted by rburner3
I don't think so, but it seems like it was close to the 180 days.
10*30 > 180 in my book
The problem is that the visa rules were changed some time back (2020? not sure). It used to be 180 days of continuous stay, and there are expat websites that still contain that information. The current rules are "Maximum stay in India during each calendar year shall not exceed 180 days", which is why going abroad for a couple day/weeks to restart the clock no longer works.
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Old Feb 9, 2024, 4:39 am
  #7  
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The latest TIMATIC now have a comment/warning on this topic:

https://www.emirates.com/de/english/...destination=in

Warning:

Passengers with a Tourist visa or an e-Tourist visa valid for more than 6 months are allowed to stay for a maximum of 180 days in a calendar year.
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Old Feb 10, 2024, 4:32 am
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He may need to register for a PAN and pay relevant income taxes in order to get an Exit Permit if he has spent >180 days in a tax year and qualifies as a tax resident.
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Old Feb 10, 2024, 5:55 pm
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Originally Posted by tom tulpe
10*30 > 180 in my book
The problem is that the visa rules were changed some time back (2020? not sure). It used to be 180 days of continuous stay, and there are expat websites that still contain that information. The current rules are "Maximum stay in India during each calendar year shall not exceed 180 days", which is why going abroad for a couple day/weeks to restart the clock no longer works.
Looks like he was here for 5 months, then went to Thailand and came back for another 5 months... maybe OP can clarify.
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Old Feb 11, 2024, 7:13 am
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Originally Posted by malgudi
Looks like he was here for 5 months, then went to Thailand and came back for another 5 months... maybe OP can clarify.
OP was quite clear. The issue is that, unlike under the old rules, the Thailand trip didn't reset the counter for the 180 days. Two stays of five months in 2023 ≈ 300 days minus whatever number of days he spent in Thailand. That would indeed cause trouble when leaving, esp if the Indian authorities are/become aware that he was working in India during that time.
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