Foreign nationals must leave India before their authorised visa stay expires or obtain permission to remain longer from the competent immigration authority. Staying in India beyond the permitted period without valid authorisation can result in an overstay penalty, legal action and difficulties with future Indian visa applications.
The Government of India has prescribed different compounding amounts for visa overstay under the Immigration and Foreigners Act, 2025. The amount depends on the duration of overstay and, in certain cases, the foreign national’s category or eligibility for a Long-Term Visa (LTV).
This guide explains the latest India visa overstay fine, the legal provisions, how to calculate the overstay period, when an Exit Permit may be required and how to approach the Foreigners Regional Registration Office (FRRO) or Foreigners Registration Officer (FRO).
Important: The Immigration and Foreigners Act, 2025 came into force on 1 September 2025. The charges discussed below are based on the Ministry of Home Affairs notification S.O. 3999(E), dated 1 September 2025. Applicants should confirm the amount and instructions applicable to their individual case with the competent authority before making payment.
Indian Visa Overstay: What Happens If You Stay After Your Visa Expires?
Visa overstay occurs when a foreign national remains in India beyond the period authorised by their visa without obtaining the required permission to continue their stay.
For example, if an individual’s permitted stay ends on 10 November and they remain in India on 11 November without valid authorisation, the additional stay may count as an overstay.
Visa overstay can happen in several situations:
- A foreign national does not leave India before their permitted stay expires.
- A person assumes that a pending visa extension application automatically permits them to remain in India.
- A traveller misunderstands the permitted duration of stay mentioned in their visa.
- A foreign national remains in India after their authorised stay ends because of a medical emergency, flight cancellation or another unexpected situation.
Visa validity and permitted duration of stay are not always the same thing. A foreign national should check the visa conditions, entry endorsement and applicable immigration instructions instead of relying only on the visa’s issue or expiry date.
If you need more time in India, read our guide on Indian Visa Extension: Eligible Visas, Rules and Application before your authorised stay expires.
India Visa Overstay Fine and Penalty: Latest Charges in 2026
The Ministry of Home Affairs notified the compounding amounts for visa overstay through S.O. 3999(E), dated 1 September 2025. The notification appears in the Gazette of India on 2 September 2025.
For foreign nationals who do not fall under the special categories listed in the notification, the prescribed compounding amounts are:
| Duration of Overstay | Compounding Amount |
|---|---|
| 1 day to 30 days | ₹10,000 |
| 31 days to 90 days | ₹20,000 |
| 91 days to 180 days | ₹50,000 |
| 181 days to 1 year | ₹1,00,000 |
| More than 1 year | ₹2,00,000 plus ₹50,000 for each additional year, subject to a maximum of ₹3,00,000 |
These are the amounts specified for compounding the overstay offence. They should not be described as a universal fixed fine that every foreign national automatically pays in every situation.
Special overstay charges for certain foreign nationals
The same notification provides separate compounding amounts for specified categories of foreign nationals. These include Tibetans, Buddhist monks from Mongolia and nationals of Pakistan, Bangladesh and Afghanistan who are eligible for the grant of a Long-Term Visa (LTV).
| Duration of Overstay | Compounding Amount |
|---|---|
| 1 day to 30 days | ₹50 |
| 31 days to 90 days | ₹100 |
| 91 days to 180 days | ₹200 |
| 181 days to 1 year | ₹300 |
| More than 1 year | ₹500 plus ₹50 for each additional year, subject to a maximum of ₹3,00,000 |
The notification also specifies a separate amount for Afghan nationals who do not fall under the LTV-eligible category mentioned above.
| Category | Compounding Amount |
|---|---|
| Afghan nationals not covered under the specified LTV-eligible category | ₹1,000 for any period of overstay |
Important: Nationality alone does not establish eligibility for the special rates. The applicant must fall within the exact category described in the notification. The competent authority determines the applicable category and amount.
You can read the original notification on the Ministry of Home Affairs website.
India Visa Overstay Rules Under the Immigration and Foreigners Act, 2025
The Immigration and Foreigners Act, 2025 replaced the earlier Foreigners Act, 1946 framework from 1 September 2025. Foreign nationals should therefore refer to the new Act and the notifications issued under it for current immigration requirements.
Section 23 of the Immigration and Foreigners Act, 2025 covers a foreign national who:
- Remains in India beyond the period for which their visa was issued.
- Stays in India without a valid passport or other required travel document in violation of the Act.
- Violates the conditions of a valid visa issued for entry and stay in India.
Section 23 provides for imprisonment for a term that may extend to three years, a fine that may extend to ₹3 lakh, or both.
However, this statutory punishment is different from the compounding amount prescribed under Section 25. The Central Government has notified specific amounts and authorised officers who may compound eligible offences before prosecution or during trial.
Compounding is not the same as an automatic payment facility or a guaranteed settlement. The competent authority must determine whether the case can be compounded and follow the applicable legal procedure.
Read the Immigration and Foreigners Act, 2025 and the MHA compounding notification for the original legal provisions.
How Is the Overstay Period Calculated in India?
The overstay period generally refers to the time a foreign national remains in India beyond the authorised period of stay. The immigration authority checks the visa conditions, arrival details and other relevant records to establish the applicable period.
For example, a foreign national whose authorised stay ends on 10 November but who remains in India after that date may face an overstay assessment from the following day.
The notified compounding table divides overstay into these duration bands:
- 1 day to 30 days
- 31 days to 90 days
- 91 days to 180 days
- 181 days to 1 year
- More than 1 year
Do not calculate the final amount only by counting calendar days yourself. The competent immigration authority will verify the authorised stay period and determine the applicable duration and compounding amount.
Foreign nationals should also check whether their visa specifies a permitted stay period, multiple-entry conditions or other restrictions. The visa’s validity date alone may not provide the complete picture.
Does a Short Overstay of 1, 2, 5 or 10 Days Also Attract a Penalty?
Yes. The MHA notification includes an overstay category covering 1 day to 30 days. For foreign nationals outside the specified special categories, the notified compounding amount for this period is ₹10,000.
Therefore, a short overstay of one, two, five or ten days should not be treated as automatically exempt from consequences.
The notification identifies the FRRO as the compounding authority. For an overstay of up to 30 days, it also permits the Immigration Officer at the immigration post to compound the offence.
Foreign nationals should not wait until their departure date to disclose an overstay. They should contact the concerned FRRO/FRO and follow the instructions provided for their case.
What Happens If You Overstay Your Indian Visa?
Overstaying an Indian visa can create immigration and legal complications. The consequences depend on the duration of overstay, the circumstances, the person’s immigration history and the decision of the competent authority.
Possible consequences include:
- Compounding amount: The authority may consider compounding the overstay offence at the amount prescribed under the MHA notification.
- Legal proceedings: Section 23 provides for imprisonment of up to three years, a fine of up to ₹3 lakh, or both.
- Exit-related formalities: The foreign national may need to obtain an Exit Permit or follow other instructions before leaving India, depending on the case.
- Immigration verification: The authorities may examine the person’s passport, visa, arrival details and explanation for the overstay.
- Future visa complications: An overstay or violation of visa conditions may affect the assessment of a future Indian visa application.
Not every overstay automatically results in imprisonment, deportation or a future entry ban. The applicable legal provisions and the facts of the individual case determine the outcome.
How to Apply for an Exit Permit After Visa Overstay in India
An Exit Permit is an immigration permission that may be required in certain circumstances before a foreign national leaves India. The concerned FRRO/FRO determines the appropriate requirement after examining the person’s immigration status and case details.
Foreign nationals who have overstayed should contact the competent immigration authority promptly. They should not assume that booking a flight or paying an amount shown on an unofficial website automatically clears their immigration status.
Step 1: Open the Official e-FRRO Portal
Visit the official e-FRRO portal. Read the instructions and identify the service applicable to your circumstances.
Step 2: Create an Account or Sign In
If the relevant service is available online, register using your own email address and a valid mobile number. Use your personal contact details because the authority may send application updates and instructions through email or SMS.
Step 3: Select Exit Permit
After signing in, select the Exit Permit service where available. Enter the requested passport, visa, arrival and residential details accurately.
Step 4: Upload the Required Documents
Upload the photograph and supporting documents requested by the portal. Depending on the circumstances, the authority may ask for additional records or an explanation of the overstay.
Step 5: Submit the Application and Follow Instructions
Review the application before submitting it. Check your registered email address and mobile number regularly for requests involving corrections, additional documents, payment or an interview.
Step 6: Pay the Amount Communicated by the Authority
If the authority directs you to pay a compounding amount or another applicable fee, follow the official payment instructions. Keep the payment receipt and application reference for future communication.
Step 7: Follow the Exit Instructions
Wait for the authority’s decision and follow the conditions communicated to you. Check the validity and conditions of any Exit Permit or other electronic permission before travelling to the airport.
The e-FRRO portal explains that applicants generally do not need to visit the FRRO/FRO office unless the authority specifically calls them. However, foreign nationals may approach the concerned civil authority directly in an emergency or exigency situation.
Documents Required for an Indian Visa Overstay or Exit Permit
The required documents depend on the foreign national’s visa category, passport status, reason for overstay and instructions issued by the FRRO/FRO. The following documents may be relevant:
- Passport personal details page.
- Current or expired Indian visa, as applicable.
- Indian immigration arrival stamp or entry record, where available.
- Recent photograph in the format specified by the portal.
- Proof of current residential address in India.
- Previous Registration Certificate or Residential Permit, if applicable.
- Travel itinerary or confirmed departure ticket, if requested.
- Written explanation describing the reason for the overstay.
- Medical records, hospital documents or other evidence supporting an exceptional circumstance.
- Additional documents requested by the concerned immigration authority.
Do not treat this list as a universal document checklist. The authority may ask for different or additional documents depending on the case.
For details about registration formalities and Residential Permits, read our FRRO Registration in India guide.
How to Pay the India Visa Overstay Penalty
Foreign nationals should pay an overstay compounding amount only through the payment method communicated by the competent authority.
The e-FRRO portal provides an online payment facility for services where a fee is payable. The portal informs applicants about the applicable amount and payment instructions after reviewing the application.
Follow these precautions:
- Use the official e-FRRO portal or another payment method specifically authorised by the immigration authority.
- Check the application reference and payment instructions before making a transaction.
- Save the payment receipt and transaction reference.
- Do not transfer money to an agent’s personal bank account on the promise of guaranteed approval.
- Do not assume that payment alone grants an Exit Permit or legalises an unauthorised stay.
The compounding amount and any separate service fee should not be confused. Check the payment demand issued for your particular case.
Can You Leave India Without Paying the Overstay Penalty?
Foreign nationals should not assume that they can leave India without addressing an existing overstay. The immigration authority must examine the case and communicate the applicable requirements.
The MHA notification provides a mechanism for compounding specified offences. However, the notification does not mean that every foreign national can independently choose to pay a fixed amount at the airport and leave without completing other formalities.
Depending on the case, the authority may require the foreign national to:
- Explain the reason for the overstay.
- Submit an Exit Permit application.
- Provide supporting documents.
- Pay the applicable compounding amount or other authorised fee.
- Attend an interview or complete additional verification.
Contact the concerned FRRO/FRO before travelling if your visa has expired. Follow the instructions issued for your case rather than relying on assumptions about airport payment or departure procedures.
What If Your Indian Visa Expires While an Extension Application Is Pending?
Submitting a visa extension application does not automatically mean that the foreign national has received permission to remain in India beyond the existing authorised stay.
An applicant should distinguish between these three stages:
- Application submitted: The authority has received the request.
- Application under review: The authority is examining the request or seeking additional information.
- Extension granted: The competent authority has approved the extension and communicated the revised permission.
If your visa may expire while your application is pending, contact the concerned FRRO/FRO immediately and request written guidance about your lawful stay and next steps.
Do not assume that an application receipt, payment receipt or status message automatically extends your visa. Read our detailed guide on Indian Visa Extension rules and application process for more information.
What Should You Do If You Overstay Due to a Medical Emergency or Flight Cancellation?
An unexpected medical emergency, hospitalisation, flight cancellation or another serious event may prevent a foreign national from leaving India before the authorised stay expires.
Such circumstances should be reported to the concerned FRRO/FRO as soon as possible. The foreign national should explain what happened and submit supporting evidence.
Depending on the circumstances, useful supporting documents may include:
- Hospital admission and discharge records.
- A medical certificate from the treating doctor.
- Documents explaining the expected treatment or recovery period.
- Airline cancellation or rescheduling confirmation.
- Travel booking details and revised itinerary.
- Other records explaining why the foreign national could not leave on time.
These documents may help the authority assess the circumstances. However, a medical emergency or flight cancellation does not automatically cancel an overstay or guarantee a waiver of the compounding amount.
Contact the immigration authority and follow its instructions instead of waiting until departure.
Can You Apply for an Indian Visa Extension After It Has Expired?
Foreign nationals should apply for an eligible visa extension before their authorised stay expires. Once the permitted period has ended, they should not assume that they can submit an ordinary extension request and automatically regularise the overstay.
If your visa has already expired, contact the concerned FRRO/FRO and explain your circumstances. The authority will determine which immigration service or legal procedure applies to your case.
Depending on the facts, the authority may consider an Exit Permit, an eligible visa-related request or other action under the applicable immigration rules.
A visa extension and an Exit Permit serve different purposes. An extension allows an eligible foreign national to remain in India for an additional authorised period, while an Exit Permit may be required to facilitate departure in certain circumstances.
For visa-category restrictions and the application process, see our Indian Visa Extension guide.
Can You Be Deported or Blacklisted for Overstaying in India?
Visa overstay can lead to legal and immigration action, but deportation or blacklisting is not an automatic result in every case.
The competent authorities may examine the nature of the violation, the duration of the unauthorised stay, the person’s immigration history and other relevant circumstances.
Depending on the applicable legal provisions and the facts of the case, a foreign national may face:
- Compounding of an eligible offence.
- Prosecution under the Immigration and Foreigners Act, 2025.
- Directions to complete immigration formalities before departure.
- Removal or other action under applicable immigration law.
- Additional scrutiny during future Indian visa applications.
Foreign nationals should not assume that paying a compounding amount guarantees future visa approval. They should disclose previous immigration violations truthfully whenever a future visa application asks for that information.
Official Portals and Government Contacts for India Visa Overstay Cases
Foreign nationals should use official government websites to check immigration instructions, submit applications and contact the competent authority.
| Official Resource | Purpose | Website |
|---|---|---|
| Ministry of Home Affairs | Immigration laws, rules and notifications | mha.gov.in |
| Immigration and Foreigners Act, 2025 | Current statutory provisions | Read the Act |
| MHA Compounding Notification | Prescribed overstay compounding amounts | Read the Gazette notification |
| e-FRRO Portal | Online visa and immigration services, including Exit Permit | indianfrro.gov.in/efrro |
| Bureau of Immigration | Immigration-related information and FRRO resources | boi.gov.in |
| Ministry of External Affairs | Visa-related services provided by FRROs/FROs | mea.gov.in |
For an overstay case, contact the FRRO/FRO responsible for the area where you currently stay. The e-FRRO portal provides online services and instructions for applicants. If you face an emergency, follow the portal’s guidance for approaching the concerned civil authority directly.
Frequently Asked Questions (FAQs)
Ans. Under the MHA notification dated 1 September 2025, the compounding amount for most foreign nationals starts at ₹10,000 for an overstay of 1 to 30 days. It increases according to the duration of overstay and can reach a maximum of ₹3 lakh under the prescribed table. Special categories have separate amounts.
Ans. For foreign nationals outside the specified special categories, the notified compounding amount for an overstay of 1 to 30 days is ₹10,000. The competent authority determines the applicable amount and procedure.
Ans. The notified compounding amount for most foreign nationals is ₹10,000 for an overstay of 1 to 30 days. Certain foreign nationals covered by special categories in the MHA notification have different amounts.
Ans. An overstay of 6 months falls within the 91-day to 180-day category. The notified compounding amount for most foreign nationals in this category is ₹50,000.
Ans. For most foreign nationals, the notified compounding amount for an overstay exceeding one year is ₹2 lakh plus ₹50,000 for each additional year, subject to a maximum of ₹3 lakh. Other legal consequences may also apply depending on the case.
Ans. Section 23 of the Immigration and Foreigners Act, 2025 makes staying beyond the authorised visa period an offence. It provides for imprisonment of up to three years, a fine of up to ₹3 lakh, or both. Eligible offences may also be compounded under Section 25 and the relevant government notification.
Ans. Payment alone does not automatically complete every immigration formality. The foreign national must follow the instructions of the competent authority, which may require an Exit Permit or additional verification before departure.
Ans. Not every overstay case should be treated as having the same Exit Permit requirement. The concerned FRRO/FRO determines the applicable immigration procedure after examining the foreign national’s circumstances.
Ans. The official e-FRRO portal lists Exit Permit as an online immigration service. A foreign national should check the portal instructions and contact the concerned FRRO/FRO to confirm the procedure applicable to their case.
Ans. Submitting an extension application does not automatically extend the authorised stay. If your visa may expire while the application is pending, contact the competent FRRO/FRO and obtain instructions about your lawful stay.
Ans. A medical emergency may be relevant when the authority examines the circumstances of an overstay. Submit hospital records and supporting documents to the concerned FRRO/FRO. A medical emergency does not automatically guarantee a waiver.
Ans. An overstay or violation of visa conditions may affect the assessment of a future Indian visa application. The outcome depends on the circumstances and the decision of the competent authority. Applicants should disclose previous violations truthfully whenever required.
Ans. The Immigration and Foreigners Act, 2025 governs the relevant immigration offences from 1 September 2025. Section 23 covers overstay, while Section 25 provides for compounding of specified offences.
Tabassum is a government document researcher and writer with over 5 years of experience exclusively dedicated to tracking and simplifying Central and State Government document processes across India. She has researched and published detailed guides on 100+ government documents and certificates – including Aadhaar Card, PAN Card, Ration Card, Domicile Certificate, and Birth Certificate – covering all states and the Central Government, helping lakhs of Indian citizens successfully complete their paperwork in simple, easy-to-understand language.