wen

We moved to Goa to retire in Sept 2005, after visiting for 10 years on holiday, We went in person to the Birmingham Embassy with our Sale Agreement and NRI bank statements, and got a 1 yearX. We came over to Goa, reported to the FRO and got our residence paper, which then entitled us to get our Pan Cards, Indian driving licence, residential bank account, and also to put in our 183 days as needed to buy legally before 1st April 2006. We went back to England for my husbands mums birthday in July2006, and while we were there renew our visa's. We arrived at the London Embassy with all the documents I have mentioned and more, to be told we can't have an x visa, only tourist. We got a 2 year tourist visa which means we have to leave India, we class as home every 180 days. Which means we can't buy our home, in fact we can't do anything. What we want to know is why, and is there anybody out there in the same position, and also is there anything we can do about it. Thankyou for taking the time to read this, and please reply

Manc

because it is an Indian game and they make the rules.

Santan

Hi Wen ,Just read your dissapointing thread,we are in a similar position,we have put a refundable(hopefully) deposit down with our Goan developer and set our business up via a Goan advocate, I am just about to E.mail him for his up to date advice,but I'm not confident. I still have the info from John Britto of Acron if you require it, he rang me whilst he was in London and still stated all would be o.k (I guess he would say that !) to purchase via the 58 month lease system.
How far down the line are you with regard to deposits etc? Is it a new build or existing ? I will let you know if I get any indications from here.
I always look on the GOAN VOICE web as it has links to the Herald,Times etc newspapers, so give that a try.
Good luck Kevin.

wen

Hi Kev Thanks for replying, I don't no how to send a private email, the info from John Britto would be good, when r u coming to Goa. I no of a few people in the same position. I have read most of the links reguarding this, but there is no positive answers anywhere. The builders and estate agents need to sell, there is that many new builds coming up in Goa it's like a building site whereever you go.

Libby Fox

Hi

If you go to this website http://www.rbi.org.in/scripts/FAQView.aspx?Id=33 you will find information on "Acquisition and Transfer of Immovable Property in India by a person Resident outside India" with answers to all the FAQ's.

Hope this helps
Good Luck!
Libby & John

DavidInGoa

Hi Wen, I have just found this site and thread as this is a hot topic right now. Here is the information you require and it is the LAW:

[I]Q.53 What is meant by a person resident in India ?

A.53 From FEMA angle, a person resident in India means a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year (April-March) and who has come to or stays in India either for taking up employment, carrying on business or vocation in India or for any other purpose, that would indicate his intention to stay in India for an uncertain period. In other words, to be treated as `a person resident in India' under FEMA a person has not only to satisfy the condition of the period of stay (being more than 182 days during the course of the preceding financial year) but has also to comply with the condition of the purpose / intention of stay.

You appear to have complied with the requirement - so long as you were in India throughout Oct 2005 to March 2006 - and have therefore completed more than 182 days in the previous financial year. Even though you can now only get a 6 month visa, under the rules you can still buy your property. Just remember to keep hold of your passport which has the xvisa in it and clearly defined entry / exit stamps. You need a good advocate to help you through all the processes required.

Good luck

wen

Hi David
I agree with all that you have said, we went to see our Advocate when we returned, and he said and I quote( we have only got the tourist visa, which means we cannot buy, we need a visa over 180 days.) We cannot register with FRO so it takes a lot of the entitlement away from us. There is still no clear and understanding here, on anything, and also if the FEMA is read it also says no foreigners can buy in India legally unless you require a business, and a business visa, and they are making that a lot more difficult now. Thankyou for replying Wen

Sally49

Listen everyone, it seems to me that we are all being strung up on a string here. I think we need to band together and do a letter, or do SOMETHING to exert some sort of pressure on the Goan Government to put OUR side of the story forward for a change.

This guy Rajan Ghat, who, it seems, sees himself as some sort of Che Guevara figure, is trying to make out WE are the bad guys, bringing Goa into disrepute, when it seems the REAL problem are some Russians dealing drugs etc in the North and they are tarring us ALL with the same brush!!! It's so ridiculous! I mean, I'm sure this chap has Goa's best interests at heart (well as well as HIS seat on Government!) so I'm not being nasty or anything, BUT I think we need to start having OUR voice heard because it seems to me a lot of us have put money into this country in good faith and are sitting here like ducks wondering whether we are losing our money or not. Some of these people think we are so well off we can just "write off" £25k or whatever, but I'd say most of us are "middle England" tax payers because if we were that loaded we'd be buying in the Algarve!!!

I just think we need to stop being polite British/victims/doormats and get our opinion out there in the mix. I mean at the end of the day, if what these Developers and Agents are doing in selling these places to us in the first place is illegal, then the Government need to be publising this so nobody else loses their money, do they not?!

wen

Well done Sally, I agree with all you have wrote. If you can get it going I will back you 100% Wen

Sally49

THANK YOU!!

Listen guys out there, I was thinking, if I draft a start of a letter to the Head of the Goan Government now (I have a friend going out there next month who can get his address details for us, or could even deliver it personally!) and post it on here, you could all add your amendments, then I could edit it, get your agreement and then when we are all happy with it, you could send me your names and emails, and I could sign it off with those, so if they want to double check, they could and you could say it had your full support.

What do you think? I mean, we need to be careful, be diplomatic and not over bossy because they'll just get on their high horse, but we can draft it up between us until it' s exactly what we feel is the right balance. We need to assert our position don't we, but not make them feel we are trying to "take over" and ruin their country, which is what they seem to be so scared of?! I mean, I'm guessing you guys out there are not drug dealers or mafia which is what the Government seem to be wanting to stamp out. Well so do we don't we.....???

What do you think, I mean what have got to lose by it at this point???

wen

Sounds good, the thing we have to lose is, they can deport us, I
will see how many more reply's you get on this one. Wen

Pollyana

Hi guys, just reading the thread for interest, though I have no personal involvement.
A little thing you might like to take on board if you do go down the "official complaint" route - we have found on the Aus forums that not only do agents browse the forum, but the Immigration department do as well. Might be wise to be careful as to how much info gets posted publicly.......just in case...

Sue Fuller

I'm off to Goa on Thursday to meet up with our builder, he says there is nothing to worry about and apparently we will find out in November whether this rule will be lifted, but it seems that we are all being told differnt things which is so confusing.

wen

That is what we are all being told, We have done it by the letter, and still can't get it right. To get an Xvisa you buy and get a sale agreement, legally you can't buy because you havn't fillfulled the criteria. You filfull the criteria it is still wrong, so come on who has got it right. Wen

wen

It's a stalemate and i can't play chess, the indian goverment have won either way.