LawRato

Does a stay of a foreigner who is on bail considered a legal stay?


17-Feb-2023 (In Criminal Law)

A foreigner who has a court case since over 14 years, as he overs staid his expired visa, and he is on bail, does his stay in India considered legal stay? When he try to obtain documents such as DL, they they ask him to provide a proof of valid stay in India such as Visa, while his court case is because his visa expired and his passport is seized by court so no chance to renew the visa, can the court bail order be considered a proof of valid stay in India? as the visa, or what kind of papers he should obtain and from where in order for him to get documentations such as DL ..etc.

Answers (2)

Answer #1
562 votes
Bail orders need to be seen alongwith other documents, needless to say that staying in a country without a valid visa or permission can not be termed as a valid stay ,dispite of the above the things may be braught to the knowledge of the trial court for needfull.
Answer #2
881 votes
Any Foreigner who has overstayed in India beyond his validity of Visa will be considered as illegal stay and it is no excuse that he was on bail. His bail granted by the Court will not amount to legal stay in India. He has to seek legal recourse to escape from imprisonment due to his illegal overstay in India.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."