Are you a foreign national in India, and are facing a criminal charge in the country for violation of any laws set forth in the Registration of Foreigners Act?
If you’re a foreigner who wants to visit India, stay in the country, or depart from India, there are certain sets of rules and regulations which will dictate the procedures to be followed, including the Passport (Entry into India) Act, 1920, Foreigners Act, 1946, Registration of Foreigners Act, 1939 and Registration of Foreigners Rules, 1992.
Landing and Stay in India
As soon as you arrive in India, irrespective of the mode of travel that is by land, air, or sea, you are required to complete the Embarkation or Disembarkation card (D/E card) or Form D under the Registration of Foreigners Rules, 1992. At the time of registration, you’ll be issued a Residential Permit, and its validity or period for which you can stay in India will be specified in the visa. If you wish to extend your stay, it is mandatory to apply for the extension of the Permit, at least two months before its expiry, and submit it to the nearest Registration Officer in the prescribed form. If you’ve scheduled to be absent from this registered address for a consecutive period of eight weeks or more, or desire to change it permanently for the remaining part of your stay, you will have to inform the jurisdictional Registration Officer, either via post or through an authorized representative. For those who wish to stay at hotels, guesthouses, and other such places, it is mandatory to furnish the particulars of your hotel registration and sign therein, on both your arrival and departure. Foreigners are not permitted to reside in or visit any prohibited place as declared under the Official Secrets Act, 1923. Visits to any Protected, Restricted, or Cantonment Areas, will require prior permission from the competent authorities.
Leaving India – Yes there is A Process!
All registered foreigners who wish to depart from India, are required to surrender their certificate of registration , to the jurisdictional Registration Officer where they are registered, wish to depart from, or at the point of exit. If the aforementioned document is surrendered to any other authority, a receipt indicating this surrender should be obtained and submitted to the concerned Immigration Officer. Except for Pakistan and Afghanistan nationals, it is not compulsory to seek exit clearance from the Registration Officer. However we recommend to get in touch with your concern FRRO office as the rules and regulations keeps on changing.
The Exceptional Cases
Foreign consular officers, diplomats, or other officials assigned to India and their children and spouses, are exempt from registration on a reciprocal basis with their country. Officials and experts of the United Nations, and its Specialized Agencies or those holding a Laissez-passer or other official documents indicating their status with the UN, who are visiting India on official duty, are not issued a residential permit and are exempt from registration along with their spouses and dependent relatives.
Duties of The Indian Sponsor or Host
If you’re an Indian host or sponsor for the foreigner, you will be required to ensure the good conduct of the foreigner during his or her stay in India, and intimate the FRO or FRRO in the event of termination of the business contract, and confirm the departure dates, and flight details. There are various types of visas with which foreign nationals are permitted to enter India. If you are facing any legal issue pertaining to the violation of any law or rules set forth in the Registration of Foreigners Act, it is recommended that you seek legal counsel for your specific problem.
We take care of all legal formalities, including and not limited to bail, but Trial as well and other solutions, which vary on a case-to-case basis. If you wish to avail of our services, feel free to get in touch with us.