US Embassy website cites complaints to question new Indian visa regime

New Delhi
23 December 2009

In what can be a deliberate but carefully crafted exercise to force New Delhi to
rethink, the US Embassy here has highlighted instances of how "inconsistent
implementation" of the new visa rules has upset the travel plans of American nationals.

Following the terror suspect David Coleman Headley episode, New Delhi has reviewed
its regulations pertaining to the entry of foreign nationals, particularly from the United
States and certain other countries. The new guidelines will affect those who wish to enter
India on a tourist visa within two months of their last departure from India.

As per the new visa rules, American nationals and others, with five or 10-year tourist
visas, will no longer be allowed to enter India within two months of their last departure
from India if their last visit was longer than 90 days or if they have stayed longer than
180 days during the past year.

The US Embassy has put on its website "some examples of problems Americans have
had trying to navigate the recent visa changes" to drive home the point that although the
new changes have mostly affected tourist visa holders, but the US Embassy has also
received reports pertaining to other visa types.

The Embassy said it has received "confirmation" that foreign passports are now
stamped on exit to indicate that the bearer cannot re-enter India within two months of exit
unless special permission is obtained from an Indian Embassy, Consulate, or High
Commission abroad, regardless of the validity of visa or length of stay in India.

"Travellers have reported being denied re-entry after exiting India for business or family
emergencies, or for tourist travel to nearby countries, even if their initial visit to India
was for only a few days," the December 21 "Warden Message: Update on changes in
Indian tourist visa regulations" read.

One American family, visiting India on 10-year, multiple entry tourist visas for several
weeks, had to return briefly to the US to attend a funeral. They were not permitted to re-
enter India.

Another American family, taking a side trip to Sri Lanka from India, was told that they
needed to apply for permission to re-enter India at the Indian High Commission in
Colombo.

An American on a business visa had plans for his children, who are attending university
in the US, to visit him in India during their school holiday. His children entered on tourist
visas, stayed three days in India, and were informed upon their departure for a side trip
to Thailand that they would not be allowed to re-enter to continue the rest of their planned
vacation with their family.

One American in India on a business visa was informed that she would not be allowed to
depart India until she had registered with the Foreign Registration Office, even though
she had only been in India for seven days and her passport was stamped "Registration
not required if stay is less than 14 days."

The new visa rules have come in for criticism from other countries, too. British Secretary
of State for Business, Innovation and Skills Peter Mandelson told reporters here on
Tuesday that he discussed the issue with Minister of Home Affairs P Chidambaram. "I
can understand the motive for the new visa arrangements but we have to be careful not
to make, create general restrictions," he said, adding that, "I think, for many tourists, a
two month gap is too big."

According to a report in the British media, the new rules, which also apply to holders of
Person of Indian Origin (PIO) cards and all foreigners, have prompted the US and the UK
to lodge diplomatic protests. The rules will affect Britons living in India on long-term
tourist visas, who are currently allowed to stay for a maximum of 180 days at a stretch,
and generally fly out for a couple of days at the end of the period in order to renew their
visas. This will no longer be an option.

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