Overstay is no Ground for Denial of Passport


There are some instances where the overstay of visa results in denial of passport. There is a chance that such overstay may not be voluntary or dictated by circumstances. The Punjab and Haryana High Court in the case of Jaspal Singh Deol v. Union of India and Ors., the Punjab and Haryana High Court held that overstay is not a ground for denial of a passport. 

In the instant case, the petitioner had gone to Italy on a valid visa. However, he had overstayed his visa and the passport also expired during the stay. He made an application for the renewal of the passport but did not receive any reply from the India Passport authorities. Advocate Jaspreet Benipal filed a petition before the High Court on behalf of the petitioners. He sought direction from the High Court to the Ministry of External Affairs to consider the case of the petitioner. The High Court passed an order where it directed the Passport Authority to pass an order regarding the case of the petitioner within 8 weeks. The matter of the petitioner was considered by the Passport Authority and the Passport of the Petitioner was revalidated. 

Implication for NRIs

In case, there has been an overstay of visa and the passport expires, and there is a hindrance in the issuance of a Passport by the Passport Authority, a petition can be filed before the High Court by engaging a lawyer who can assist with the process of renewal of passport.

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