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The Government of India issued a travel advisory on March 23, 2020 stating that no international commercial passenger aircraft would be allowed to land and disembark its passengers including Indian nationals in India. Therefore, Indian nationals abroad were unable to return to the country. This travel restriction was extended until April 14, 2020 and then until May 03, 2020. On May 02, 2020 the Government in continuation with the nation-wide lock-down until May 17, 2020 further extended this restriction until May 17, 2020. This restriction does not apply to international all-cargo operations and flights specifically approved by the Directorate General of Civil Aviation.

To curb the spread of COVID-19, the Government of India has suspended all Indian visa services until May 17, 2020. Overseas Citizen of India (OCI) cardholders in India are in valid status. However, OCI cardholders outside India cannot travel to India until May 17, 2020.

All existing visas to India other than diplomatic, official, UN/International Organizations, employment (and project) visas and who have not entered India remain suspended until May 17, 2020.

Thousands of Indians abroad whether those on work permits or students are stranded and unable to return to the country due to the temporary international travel ban.

On May 04, 2020, The Government announced that it would evacuate stranded Indians from 12 countries in a phased manner starting May 07, 2020. The stranded citizens are being brought back by aircrafts and naval ships which expense they must bear individually. The individuals must directly reach out to the concerned Indian Mission.

The Government of India through travel advisories and guidelines have stated that “any foreign national, including Overseas Citizen of India (OCI) cardholders, who intend to travel to India for compelling reasons must contact the concerned Indian Mission for fresh visas.” Unfortunately, however, in practice we are seeing that this is not the case.

Several instances have come to light where Indian nationals on work permits abroad are unable to return to the country because their foreign-born children are being prevented from boarding the special repatriation flights despite holding Indian visas/OCI cards. Most of these Indian nationals who wish to return to India are those who have lost their jobs and must leave the country where they are currently residing within a stipulated period. Unfortunately, they are unable to board the special flights because their foreign-born children hold OCI cards/Indian visas.

Sadly, the reality of the situation as evidenced by the struggles of several Indian citizens is that while they long to return to their home country and have even secured tickets on the special flights, are unable to do so merely because their foreign-born children were denied tickets because they hold OCI cards/Indian visas.

– Ashwina Pinto

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DISCLAIMER

The rules of the Bar Council of India do not permit advertisement or solicitation by Advocates in any form or manner.

This website www.lawquestinternational.com and the contents thereof are merely for informational purposes and not in the nature of solicitation or an advertisement. Similarly, any content posted by LawQuest on this website shall not be construed as legal advice. LawQuest takes no liability for consequences of any action taken by you relying on the content posted on this website.

By visiting this website, you confirm and acknowledge that you have voluntarily sought the information relating to and/or posted by LawQuest and there has been no solicitation/advertisement/inducement by either LawQuest and/or its members.