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david (patient)     05 April 2010

Medical Visa extension refused by Delhi, please help!

Hi everyone,

I am a British National, who has been undergoing medical treatment in Akola City, Maharashtra since Oct 2006(i arrived in india, on a 3mnth medical visa).
i have been submitting my yearly extension applications on time. The Maharashtra Government has permitted my extensions without objection, but no decisions have come from
Delhi because of backlog.
4 days ago, my FRO informed me that he received a letter from the
Maharashtra government, stating that Delhi has refused to extend my visa. The reason for rejection is unknown,

I talked to the head of visas at the Maharashtra Government (on the phone), asking for details. He shouted ' how am i supposed to know the reasons for refusal, Delhi dont tell us anything! you should leave the country quickly before they deport you!'
I asked ' should i personally go to Delhi MHA, to deal with this?'
He shouted ' go on then, quickly, before you get deported!'

My FRO advised me to go and see the local SP, which i am about to do.
I am also intending to visit Delhi MHA, personally.

What are my rights of appeal?
No time has been given, for when i have to leave, so how much time do i legally have?
Please advise.

 

regards

David



Learning

 1 Replies


(Guest)

I am surprised to read your complain here. The correct Rules on Indian Medical Visa category are as follows;

Chapter 3A

Medical Visa

42A Conditions

A medical category visa may be issued with the following conditions:

a. The Indian Missions/Posts abroad may scrutinize the medical documents very carefully and satisfy themselves about the bonafide purpose for which medical treatment visa is being requested.

b. Mission may satisfy that the applicant has sought preliminary medical advice from his country of origin/country of residence and he has been advised to go for specialized medical treatment.

In case the foreign national desires to go for treatment under the Indian system of Medicines, his case may also be considered.

c. This type of visa should be granted for seeking medical attendance only in reputed / recognized specialized hospitals/ treatment centers in the country. Although non exhaustive, following illustrative list of ailments would be of primary consideration; serious ailments like neuro-surgery; ophthalmic disorders;
heart related problems; reneal disorders; organ transplantations; plastic surgery; joint replacement etc.. The basic idea would be that the mission may satisfy about the need of the foreign national to come to India for medical treatment/ health
enhancements.

42B Validity of visa and extension of visa

The initial period for such a visa may be upto a period of one year or the period of treatment whichever less, which can be extended for a further period upto one year be the State Government/ FRROs on the production of medical certificate/ advice from the reputed/ recognized/ specialized hospitals in the country. Any further extension will be granted by the Ministry of Home Affairs only on the recommendations of the State Government/ FRROs supported by appropriate Medical documents. Such visa will be valid for maximum three entries during one year.

State Government/ FRROs may permit one additional entry in emergent situation if required.

42C Registration

Foreigners coming on ‘M visa’ will be required to get themselves registered mandatorily well within the period of 14 days of arrival with the concerned FRROs/ FROs

42D Visa to attendant/ family members

Attendant/family members of the patient coming to India for medical treatment shall be granted miscellaneous visa co-terminus with the ‘M Visa’ of the patient. Such visa may be granted the spouse/ children or those who have blood relations with the patient. However, not more than two attendants may be allowed at a time for grant of miscellaneous visa. Such visa will be called ‘MX visa’. Such foreigners are also required to get themselves registered with the local FRROs/ FROs well within 14 days from the date of arrival.

42E Registration for Pak and Bangladeshi National

It may be clarified that ‘ Medical Visa’ will be available to all the foreign nationals including China, Pakistan, Bangladesh, Sri Lanka. However Registration formalities for Pakistani and Bangladeshi nationals will be as per the provisions contained in para 106 in respect of Bangladeshi national and para 118 of the visa manual in respect of Pakistani nationals. Similarly entry and departure of these foreign nationals will also be governed as per the existing policy in respect o these nationals.

Rgds


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