Wednesday, June 9, 2010

X Visa for India: Grant, extension and permissible activities

We have provided information on the X Visa for India in our past articles. Ministry of Home Affairs, Foreigners Division, New Delhi has provided more specific information regarding grant and extension of X visa in India. The X visas are meant to be used only within the guidelines of prescribed by Ministry of Home Affairs, Foreigners Division, New Delhi and no employment and business activity is permitted on X visas.

Here is the official text related to X visas in India:

As per the extant instructions of the Government of India, an Entry (X) Visa can only be granted to the following persons:-

(a) A foreigner of Indian origin, who wishes to come to India for visiting relatives, holiday etc.

(b) Spouse and children of a foreigner of Indian origin

(c) Spouse / dependents of foreigners coming to India on any other type of valid visa like Student/Business/Employment/Research etc.

Duration of Extension of (X) Visa

Missions/Posts abroad can grant an Entry (‘X’) for a period of five years at a time, with multiple entry facility, subject to usual checks to persons of Indian Origin. The extension of the stay of persons at (a) and (b) above may be granted by the State Government/Union Territory Administration/FRRO concerned subject to the following conditions:-

(I) The initial validity of the Residential Permit shall not exceed one year which may be extended on year to year basis upto 5 years from the date of issue of visa, if further extension is required, the proposal may be referred to MHA for clearance. MHA would grant extension for one year after the expiry of the initial period of five years. Subsequent extensions, if any, upto a total period of another 5 years would be granted by the State Governments/ UTs /FRROs concerned.

(II) The foreigner shall not engage in business or employment or any activity which is not in accordance with the type of visa held by him/her

(III) Name of the foreigner shall not figure in any Ration card and/or Electoral Rolls

(IV) Passport/Residence Permit of the foreigner to be stamped. “Business/employment not permitted on XV

A foreigner of Indian Origin means:-

1. a person who at any time held an Indian passport; or

2. a person who or either of his/her parents or grand parents or great grandparents, was born in, and was permanently resident in India, provided neither was at any time a citizen of Afghanistan, Bangladesh, China, Pakistan or Sri Lanka or any other country that may be specified by the Government of India from time to time; or

3. a person who is the spouse of a citizen of India or a person of Indian origin covered under (1) and (2) above.

Frequently asked questions with regard to the above type of visa and replies thereto are outlined below for information:-

Q.1. What activities are permissible on Entry (‘X’) visa ?

Ans.: Study upto the 12th Standard by minor, dependent children of Indian Origin can be undertaken. Holder of ‘X’ visa cannot undertake business/economic activities.

Q.2. Can a person holding Entry ‘X’ visa indulge in Business activities?

Ans.: No. Business is not permitted on X visa.

Q.3. Can a person holding Entry ‘X’ visa accept employment ?

Ans.: No. Employment is not permitted on X visa.

Q.4. Can Entry ‘X’ visa be granted to foreigner parents of foreign nationals studying in India?

Ans.: No. Parents of foreign students can visit India on Tourist (‘T’) visa for short duration (upto 6 months).

Q. 5. Which type of visa to be given to foreigner spouse of India Nationals ?

Ans.: Entry (X) visa.

16 comments:

  1. How is a type "T" Visa converted to a type "X" visa for a person who is eligible for type "X".

    ReplyDelete
    Replies
    1. You may apply to MHA at New Delhi for conversion from T to X if you are eligible for X visa.

      Delete
  2. Is it that everything varies from place to place? i visited the FRO and my One year X visa was extended by 5 years at a Shot. I am a foreign national married to an Indian National. I Got married while on a different visa which got changed to X by MHA Delhi. Point is when i read everyone say that the X visa is only renewed year by year, i wonder if it applies selectively because it did not apply to me.

    ReplyDelete
    Replies
    1. X visa for foreign national married to Indian can be extended up to five years. The extension period depends on nationality and certain other factors. Many X visa holders get extension for five years, while most get year to year.

      Delete
  3. is the X visa and OCI U visa subject to the 2 month ban on re entry ??

    ReplyDelete
  4. X visa and OCI are not subject to 2 months rule. Kindly see: http://indianimmigration-law.blogspot.com/2010/01/two-months-rule-for-indian-tourist.html

    ReplyDelete
  5. My X entry visa is expiring soon. As i was volunteering during the entire year,and i didn't have time to travel, I would like to come back to India soon on a tourist visa. Do I have to wait 2 months to apply for a tourist visa?

    ReplyDelete
  6. Hi, I am a Chinese national and i am living in india on X-visa currently. If I want to take emloyment or do business in India, do I have to change my X-visa to work visa or business visa? Is there no other ways?

    ReplyDelete
  7. You can not do business or work on Indian X visa.

    ReplyDelete
  8. I am currently in Mumbai on a TV visa (should have been a X-Visa) which expires on the 2nd August 2011. I am married to an Indian National (marriage was in Mumbai in Dec 2008).


    What is the best option for us to convert to a X-Visa or obtain a PIO so that I can remain.

    a) Is there any way to obtain a X Visa or PIO card in Mumbai/India and not have to exit the country?

    b) Is obtaining an X-Visa or PIO card in Nepal within a fortnight and then returning feasible?

    c) Am I better just spending a week in Thailand and obtaining an X-Visa there?

    ReplyDelete
  9. I am a foreigner married to an Indian. I renew my visa every year but the problem is I cant get the final approval from Delhi. I have to push my papers on each and every table.

    ReplyDelete
    Replies
    1. A foreigner married to an India is eligible for a PIO card after one year of marriage( certain nationalities excluded).

      PIO card entitles you to work and stay in India without the need for any visa.

      Delete
  10. My friend and I would like to marry. He is indian and I am french. Can I come with work visa and do the wedding in India ? What kind of visa must I have after to stay with my husband in India ? Thanks to answer.

    ReplyDelete
  11. You may travel to India on a Tourist visa to marry an Indian national. The spouses of Indian citizens can get the tourist visas converted into X visas. X visa holders can not work in India. After being married for one year with an Indian national, the foreigner can get a PIO card which will enable her to work and stay in India without the need for any visa.

    The work visa to India requires a job offer, salary payment of USD 25000 per year( some exceptions) and few more conditions.

    ReplyDelete
  12. im a filipino and married in indian guy. i came here tourist on arrival and we done the marriage now we are applying for x visa and we went in delhi and they grant my 3months extension while x visa is under process. But now they done the verification because of some doubt. Im just wondering what if these verification is failed how long i can stay in india from the day they reject my application? thanks please help

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  13. I am Indian, my husband is American, he is holding X multiple visa for 5yrs. He was instructed to get permission for re entry to India after 6 months. We are confused whether we should go to FRRO/FRO or go to out of India for re entry. Initially he didnt report to FRRO/FRO but he was allowed to enter India duly approved on the Air port.Please advise us.

    ReplyDelete