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-   -   GOA - Buyer Beware! (https://britishexpats.com/forum/goa-170/goa-buyer-beware-435930/)

a_f_d Aug 2nd 2007 2:09 am

Re: GOA - Buyer Beware!
 

Originally Posted by indiapurple (Post 5138561)
I may be totally wrong here but...don't you have to register at the Police station to start your residency period. I presume they will want proof that your visa is suitable for you to do this? Or is that what you meant Remy?
regards
Indiapurple

Hi Indiapurple,
see my earlier posts (I think it was on this thread - I get confused <bg>) on FRO 'pink book' residency being different from FEMA residency.

AndyD 8-)#

Remy-Ireland Aug 2nd 2007 2:12 am

Re: GOA - Buyer Beware!
 

Originally Posted by a_f_d (Post 5138612)
Hi Indiapurple,
see my earlier posts (I think it was on this thread - I get confused <bg>) on FRO 'pink book' residency being different from FEMA residency.

AndyD 8-)#

So which residency 'allows' fns to 'legally' register property?

a_f_d Aug 2nd 2007 2:15 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138574)
I have read it somewhere..will hunt it out for you....also will e-mail HCI for clarification......like i have said... if you or anyone out there has achieved residency on a tourist visa then i will stand corrected but until then i stand by what i believe to be true.

Regards,
Remy

Remy, I think that is a big part of the problem - as my lawyer told me: FEMA residency (like FEMA PIO status) is a question of fact - there is no bit of paper to show you 'achieved' it. (As I said before, you can in theory have a PIO card but not be a PIO under the FEMA definition).
AndyD 8-)#

a_f_d Aug 2nd 2007 2:16 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138620)
So which residency 'allows' fns to 'legally' register property?

FEMA

Remy-Ireland Aug 2nd 2007 2:21 am

Re: GOA - Buyer Beware!
 

Originally Posted by a_f_d (Post 5138547)
Hi Remy,
you keep saying that - where's your evidence?

AndyD 8-)#

Hi Andy,

Reference your above question,.........

To register, visa has to be valid for more than 6 months and you have to register with the FRO/FRRO within 14 days of arrival in India.

http://www.hcilondon.net/visa/register-fro-frro.html

Hope this helps,

Remy

Douglas M Aug 2nd 2007 2:30 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138654)
Hi Andy,

Reference your above question,.........

To register, visa has to be valid for more than 6 months and you have to register with the FRO/FRRO within 14 days of arrival in India.

http://www.hcilondon.net/visa/register-fro-frro.html

Hope this helps,

Remy

Hi you guys,

I appreciate your technical debate on this issue, but surely the person who decides if you are resident or not is the next indian govt official you have the pleasure of sitting in front of.

regards
douglas

Remy-Ireland Aug 2nd 2007 2:34 am

Re: GOA - Buyer Beware!
 

Originally Posted by Douglas M (Post 5138699)
Hi you guys,

I appreciate your technical debate on this issue, but surely the person who decides if you are resident or not is the next indian govt official you have the pleasure of sitting in front of.

regards
douglas

I agree Douglas but just thought i would clarify the tourist visa thing as it keeps popping up..........i cant believe people think they can 'legally' achieve residency on one......just dont want people to be further misled.

Regards,
Remy

a_f_d Aug 2nd 2007 2:36 am

Re: GOA - Buyer Beware!
 

Originally Posted by Douglas M (Post 5138699)
Hi you guys,

I appreciate your technical debate on this issue, but surely the person who decides if you are resident or not is the next indian govt official you have the pleasure of sitting in front of.

regards
douglas

yes, which is pretty much the same as me saying it's a matter of fact - facts being a flexible commodity in India!

AndyD 8-)#

a_f_d Aug 2nd 2007 2:38 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138654)
Hi Andy,

Reference your above question,.........

To register, visa has to be valid for more than 6 months and you have to register with the FRO/FRRO within 14 days of arrival in India.

http://www.hcilondon.net/visa/register-fro-frro.html

Hope this helps,

Remy

like I keep saying - FRO and FEMA are not the same thing - that's FRO, and as I said to noni that applies completely regardless of any intention you may or may not have to buy property.

AndyD 8-0#

Remy-Ireland Aug 2nd 2007 2:39 am

Re: GOA - Buyer Beware!
 

Originally Posted by a_f_d (Post 5138746)
yes, which is pretty much the same as me saying it's a matter of fact - facts being a flexible commodity in India!

AndyD 8-)#

At the moment i dont think India is being one bit flexible when it comes to FNs and property.........i think the flexible approach halted around August 2006 which is why so many are now in this predicament.

Remy

Remy-Ireland Aug 2nd 2007 2:43 am

Re: GOA - Buyer Beware!
 

Originally Posted by a_f_d (Post 5138758)
like I keep saying - FRO and FEMA are not the same thing - that's FRO, and as I said to noni that applies completely regardless of any intention you may or may not have to buy property.

AndyD 8-0#

OK then.......again i throw down the gauntlet to anyone out there who has achieved residency on a tourist visa to let us know.

I have been visiting Goa sinc 1990 and have never known of anyone who achieved this and for that reason the 5 year x visa became such a sought after commodity..........but if you can prove me wrong on this i will gladly eat humble pie.

Remy

TDK Aug 2nd 2007 2:45 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138654)
Hi Andy,

Reference your above question,.........

To register, visa has to be valid for more than 6 months and you have to register with the FRO/FRRO within 14 days of arrival in India.

http://www.hcilondon.net/visa/register-fro-frro.html

Hope this helps,

Remy

Hi Remy/Indiapurple/Andy/All,

My understanding was also that inorder to qualify for residential status your visa must be valid more than 6 months and that you need to register within 14 days of entry, which i did (as stated above by HCI London).

Andy's distinction between FEMA residency and FRO residency is a new twist in the rich tapestry for me! (incidentally i was never given/didn't know about being isssued a pink book by the FRO but was only given 2 x A4 pages (completed in triplicate) titled 'Residential permit' inc' my photo etc.

Anyway as we all know by now the implementation of these rules and regs is arbitrary/open to interpretation it seems in practice.

Regards TDK

a_f_d Aug 2nd 2007 2:46 am

Re: GOA - Buyer Beware!
 
Remy said

..but if you can prove me wrong on this i will gladly eat humble pie.
Ah! but how could I prove you wrong since there is no definitive test of whether someone has 'achieved' residency under FEMA rules?

AndyD 8-)#

Remy-Ireland Aug 2nd 2007 2:53 am

Re: GOA - Buyer Beware!
 

Originally Posted by a_f_d (Post 5138793)
Remy said
Ah! but how could I prove you wrong since there is no definitive test of whether someone has 'achieved' residency under FEMA rules?

AndyD 8-)#

Douglas achieved Residency as did Noni.............you talk about FEMA rules but at the end of the day you are either Resident or Not........Fema reqires a stay of 182 days in a previous fiscal year.......to the best of my knowledge a lot of people achieved this pre august 2006.......but im sure Douglas will clarify as will HCI London.

Remy

Douglas M Aug 2nd 2007 3:05 am

Re: GOA - Buyer Beware!
 

Originally Posted by Remy-Ireland (Post 5138826)
Douglas achieved Residency as did Noni.............you talk about FEMA rules but at the end of the day you are either Resident or Not........Fema reqires a stay of 182 days in a previous fiscal year.......to the best of my knowledge a lot of people achieved this pre august 2006.......but im sure Douglas will clarify as will HCI London.

Remy

Hi Remy,

I did indeed achieve residency as far as all the indian officials i have come across so far are concerned. However the next official i meet my well turn around and say i was not resident.

The requirement under FEMA as i understand it is for the FN to prove residency to any authority that requires them to do so. That is the nightmare situation that property owning FNs in goa are now in.

regards
douglas


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