IMPACT – HIGH

What is the change? India has dramatically increased penalties for non-registration, violation of visa regulations, and overstays and is also linking penalties to the period of default.

What does the change mean? If a foreign national holds a visa with an endorsement that “registration is required within 14 days of arrival in India” and fails to register within the 14 days, a penalty of US$300 will be levied.

In case of overstays, the penalty is linked to the period of default as tabulated below:

Period of overstay Penalty in USD Nature of default
Up to 90 days $300 Overstay and/or nonregistration
91 days to two years $400 Overstay and minor offenses
More than two years $500 Overstay and/or visa violation

Penalties are lower for individuals belonging to minority communities from neighboring countries (i.e., Pakistan, Bangladesh and Afghanistan), as tabulated below:

Period of overstay Penalty in INR
Up to 90 days 100 (about US$1.43)
91 days to two years 200
More than two years 500

Analysis & Comments: The new fees and penalties will increase costs for companies that fail to comply with the requirements. Employers and applicants should avoid overstays considering the significant increases in penalties. Similarly, foreign nationals should check if their visa includes a registration requirement and register with the Foreigners Regional Registration Office within the specified window after arriving in India.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.