Originally Posted by babu1 (Post 5388835)

Hi Kinrara,

If you have a 1 Year Tourist Visa, maximum stay 180 days, that means you have to leave the country by the 180th. day (from the date of issue of the Visa; not from the date of your arrival in India) at the latest, and re-enter India, or you may be able to make an application to overstay your 180 days but I would expect the condition of stay on your 1 Year Tourist Visa would be enforced except in exceptional circumstances such as serious prolonged illness.

Once you have left India and journeyed back there again you will have completed 183 days in the fiscal year as soon as these two periods of stay add up to more than 182 days in the fiscal year of 1st. April to 31st. March.

I am not aware of any conditions in FEMA that your stay should be continuous to qualify for a more than 182 day stay, and I have been advised that this is the case by two different Advocates.

Some people will argue that a Tourist Visa by definition (no matter if you do 182+ days on 2 visits in the same fiscal year) does not confer any rights to purchase immovable property anyway because the term "Tourist" is unsatisfactory as an "Intention/Purpose" of visit : you are a "tourist", and not a "resident" within the terms of FEMA.

So, since FEMA makes no mention of types of Visa, or of a "continuous 182+ day stay" condition, it could be argued that being a "tourist" whilst seeking to purchase an appropriate property is a valid enough "Purpose and Intention".

If you have completed more than 182 days between 1st. April 2006 and 31st. March 2007, you would be able to approach the Sub Registrar to register your Sale Deed now if they hadn't closed the Register to all foreigners since about August 2006.

If you are attempting to complete more than 182 days in the fiscal year 2007 to 2008, then you will have to start counting your eligible days stay in India between 1st. April 2007 and 31st. March 2008.

This would be in the hope that the Register re-opens for foreign nationals, and all other criteria having been met, you would be hoping to register your Sale Deed after 1st. April 2008 since that is the fiscal year following the year in which you completed your 182+ days.

There are a number of people anxious for clarification on the re-opening of the Register, if not for purchase, then in order to sell. Everything is in limbo, although I did read that you can request the Sub Registrar to give his reasons for refusal to register in writing and he is lawfully bound to do so. This will inevitably be referred to the Home Department, and The Directorate of Enforcement, and you will get a reply also.

The FRO In Panjim may oblige by explaining their criteria for issuing Resident Permits, so I wish you luck and patience.

Would be obliged if you could post back with any info/responses from the Goan side.

Hope this helps.

P.S,Did you buy a bike as intended or still hiring? Was it you I asked about going online in Goa through a mobile and laptop? - still don't understand how it works or what it costs!

P.P.S These are the definitions of "person resident in India within the terms of FEMA:

http://www.helplinelaw.com/docs/fema/fem02.php

B. "PERSON RESIDENT IN INDIA"

"A person resident in India", shall include any of the following

(I) A person who has been residing in India for more than 182 days, in the last financial year. This means if a person has to be assessed, as to whether he is person resident in India, for any offence committed in August 2001, then he should be residing in India for more than 182 days during April 2000 to March 2001

(II) Any person or body corporate registered or incorporated in India, or

(III) An office, branch or agency in India owned or controlled by a person resident outside India, or

(IV) An office, branch or agency outside India owned or controlled by a person resident in India.



However, in following cases a person shall not be person resident in India", even if he is residing in India for more than 182 days in the last financial year:



(i) A person who has gone abroad, for :

Taking up employment outside India or
For carrying on any business outside India, or
For any other purpose, which itself would indicate his intention to stay outside India for an uncertain period.
(ii) Similarly, a person who has come to India for any purpose except :

Taking up employment in India, or
Carrying on any business in India, or
For any other purpose, which itself would indicate his intention to stay in India for an uncertain period.

© copyright 2000-2003, Helplinelaw.com

Originally Posted by Remy-Ireland (Post 5389613)

Hi Babu,

Excellant!!!
One of the most informed, detailed and accurate posts i have ever read.
Good job,well done.

Regards,
Remy

Originally Posted by Kinrara (Post 5389879)

Hi Remy & Babu

Help Please

We arrived in Goa 5th Sept 07, I have worked out we have about 208 days before the end of the fiscal year ie 31 March 08, so taking off the 183 days we should have 25 days spare to leave the country with. We have to cross the border before the 180 days are up, how many days can we leave the country and still complete our 183 days. Getting a bit confused now :confused: as you say it starts from the date our visa was issued which was 30th Aug 07, surely the 183 days must start from the date you arrive in India????? Our visa is stamped "stay during each visit not to exceed 180 days" I have also heard that it has to start from a complete day ie 6th Sept would be our first day??? Sorry to be thick, but if we are going to be here anyway we might as well try and complete the 183 days, just in case it is needed. Don't want to go out of the country and bugger the dates up and miss out on the 183 days. Is anybody still with me or have I confused everyone!!!!!

No Remy you haven't asked me about laptop etc, but will try to help, what do you want to know? Didn't buy jeep or bike, on a rental scooter at the moment, it's the only way for the time being!:curse:

Originally Posted by a_f_d (Post 5389999)

more or less - iirc the arrival and departure days may not count, otherwise it's a simple count of days here / there between 1st April and 31st March.
The bit about the date of visa issue was a small typo in babu1's excellent post (it's the validity of the visa itself that counts down from issue day)

hth AndyD 8-)#

Originally Posted by John Chappell (Post 5390476)

Well Done Babu,

You have certainly earned your money this last couple of days !!! excellent posts.

Regards to all

John

Originally Posted by leavinggoa (Post 5407101)

A Tourist visa is for tourism and nothing else. It doesn't matter how you interpret the rules, regulations or laws, it's how the authorities interpret them .......there is nothing you can do about it.

In case you missed it, this was in Herald:
http://oheraldo.in/pagedetails.asp?nid=2343&cid=10

Originally Posted by leavinggoa (Post 5407101)

A Tourist visa is for tourism and nothing else. It doesn't matter how you interpret the rules, regulations or laws, it's how the authorities interpret them .......there is nothing you can do about it.

In case you missed it, this was in Herald:
http://oheraldo.in/pagedetails.asp?nid=2343&cid=10

Originally Posted by wen (Post 5407464)

Even if you do the 182 days, you cannot register at Panjim FRO, and thats the paper you require to do everything else. The reason I know this is when I lost my Xvisa Sept 86, I had done my 182 days, and because I came back with a tourist visa I could not register so all was lost. You cannot buy or sell on a TOURIST VISA :mad:

Originally Posted by leavinggoa (Post 5407101)

A Tourist visa is for tourism and nothing else. It doesn't matter how you interpret the rules, regulations or laws, it's how the authorities interpret them .......there is nothing you can do about it.

In case you missed it, this was in Herald:
http://oheraldo.in/pagedetails.asp?nid=2343&cid=10

Originally Posted by a_f_d (Post 5407555)

... and as I have already pointed out the article does not say that you can't get FEMA residency on tourist visa(s).

AndyD 8-)#