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How can my husband get a stay extension on his visa


03-Jan-2023 (In Civil Law)
I am an Indian female aged 30. My French husband has overstayed his X visa for over 2 years and his passport has expired as well. I am looking for legal advise and assistance to extend my husband's visa and secure his stay.
Answers (4)

Answer #1
633 votes
Where has your husband overstayed? In India and France? Overstaying for two years is a deliberate act. It cannot be a mistake? Your husband has to contact French Embassy with proper reasoning etc. for extension of Visa. Did you get married in these two years of his overstay. Pl. come out with all details.

Answer #2
694 votes
You will have to apply to the France embassy for renewal of his passport and thereafter for a fresh visa. You may get a short term renewal to go back to France for applying for a fresh passport and visa.
Answer #3
725 votes
OVERSTAY IN INDIA IS A CRIMINAL OFFENCE AND THE OFFENDER CAN BE PUT IN JAIL . SOME MORE DETAILS WILL BE NEEDED TO SOLVE UR PROBLEM AS TO THE DATE OF UR MARRIEGE WITH UR HUSBAND, THE DURATION OF VALID VISA AND TYPE OF VISA, REASON FOR OVERSTAY.
Answer #4
564 votes
Foreigners who have entered India on an Entry (X) visa may approach the concerned FRRO/FRO office for a visa extension only in under mentioned cases:

A person of Indian origin who at any time held an Indian passport

A person who either of his/her parents or grand parents or great grand parents was born in and was permanently resident in India provided neither was 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

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


Foreign nationals holding 'X' entry visa may approach the concerned FRROs/FROs cum Superintendents of Police for extension of Entry visa with the following Documents:

Visa Extension form.
1 Recent passport size photographs.
Copy of passport/VISA/Registration Certificate.
Copy of valid and notarized Lease/Rent agreement OR Copy of C-Form from the Hotel OR copy of recent electricity/telephone bill along with the letter from the landlord, towards proof of residence.
Passport in original.
Copy of marriage certificate along with copy of Indian passport and Indemnity Bond.
Copy of birth certificate along with copy of either parents Indian passport.

Guidelines regarding conversion of 'X'(Entry) visa of spouse of an employee on intra-company transfer into Employment Visa :

Conversion of 'X'(Entry) visa of the spouse of an employee on an intra-company transfer into Employment Visa may be permitted within the country subject to fulfillment of the following conditions:

The Applicant will have to fulfill all the conditions laid down for grant of Employment Visa.

Conversion of 'X' Visa into Employment Visa in such cases shall be permitted only with the prior approval of Ministry of Home Affairs.
Note: Employment/Business is not permitted on entry 'X' visa.

Extension is given on year to year basis up-to a maximum period of 5 years.

If further extension is required, the proposal for extension is referred to Ministry of Home Affairs for approval and subsequently further extension is granted if approved by MHA.

Exit Permission: Foreigners holding Entry Visa and who have overstayed for three months or less can seek exit permission from the concerned FRROs/FROs subject to usual checks and conditions.

Entry visa fee: Please refer to visa fee structure.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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