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This is an archive article published on December 20, 2009

Protests as India tightens visa rules after Headley

The government’s decision after the David Coleman Headley-Tahawwur Rana case to have a two-month cooling-off period between every visit for US and British passport holders....

The government’s decision after the David Coleman Headley-Tahawwur Rana case to have a two-month cooling-off period between every visit for US and British passport holders,who have long-term tourist visas,has invited sharp reactions with both countries lodging formal diplomatic protests.

India,on its part,has so far maintained that this step has become necessary after the “gross misuse” by Headley of a multiple-entry business visa which he used to make nine trips to India that included long periods of stay when he prepared footage of 26/11 targets for the Lashkar-e-Toiba.

The Home Ministry has issued directions through the MEA to all missions abroad that any applicant for an Indian visa who has any sort of Pakistan lineage,even if it is two generations back,must be referred to Delhi for prior clearance. Headley’s application form too has been traced and is currently being examined for any more anomalies. About six years back,the government had decided that missions in countries such as the US and the UK need not refer back routine applications unless there is doubt.

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As of now,India issues long-term multiple-entry tourist visas for both five and 10 years in the case of the US and the UK. This is a privilege extended by India to both these countries along with some others on a reciprocal basis. Anyone holding this visa cannot,however,stay for longer than 180 days at a stretch.

After the Headley-Rana case,the Home Ministry is said to have scrutinised US and UK tourist visa-holders as this was another category which could be misused.

It’s learnt that the US Deputy Chief of Mission has officially taken up the matter with the MEA and Home Ministry officials asking them to work out a more flexible system based on “best visa practices”. Also,the British High Commissioner has written a letter urging New Delhi to reconsider the decision given that many Indian-origin British passport holders will be adversely affected. Given that issuing of PIO cards is a slow affair,these two countries feel the next best available resort for people of Indian origin is being taken away.

The government has,however,sought to explain that in case there is a need for a visa holder to return within two months of departure from India,then the person can approach the nearest Indian Embassy or consulate. The government is planning to empower officials at missions and consulates to grant exemption in exceptional cases. And once in India,the visa holder will also have to go to the nearest Foreigners Regional Registration Office (FRRO) and get registered.

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This is being seen as a cumbersome process,which these countries feel will only dissuade visa holders. The government,on the other hand,argues that it will ensure that only “genuine cases” will approach the missions for an exception. Either way,for those planning to use India as a hub for tourist travel in the region,it is now a long,tedious affair.

Meanwhile,the new rules are already being implemented. Every US and British passport holder having a long-term multiple-entry tourist visa is being stamped ‘no entry’ for two months. This has flooded the complaint box at the MEA,at airports and in missions (see box).

According to government sources,many of these nationals — quite a few of them are Indian origin — had been staying here for years together. All they would do is move out of India for a few days — to a nearby destination like Nepal or a South East Asian country — just before the 180-day period lapsed and return to stay for another six months. A large number of them,sources claimed,were running shops,conducting business and related activities which cannot be termed as tourism.

So,the government argues that it had no choice but to introduce a two-month cooling off period,which would bar these visa holders from returning to India for at least two months after,they have left the country. This way,sources said,it would make it easier for security agencies to monitor entry and exit of these visa holders. On the other hand,the move has spelt doom over legitimate users.

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