I have made enquiries at both the Indian Consul General in Birmingham, who were not able to provide any details other than ask about what type of visa is held and referred me back to the Indian High Commission in London. Also advising that any concessions for special circumstances can only be dealt with by the Head of the Mission, ie the Indian High Commissioner, himself!!

When I spoke to the visa enquiries office in London, I was asked about the type of visa held and was then advised that if the visa in the passport states "X Visa" under the heading type then the new rules do not apply. If the type is "T Visa" or Tourist then the rules apply. I think it is best to check in individual cases and hopefully the correct answer is obtained. As usual, there was nothing on the HCI website about the new rules, when I looked at the beginning of January and I am sure that officials, both here and in India, will apply the rules as they see fit. I just hope that no one is refused entry because the rules are applied irrationally by the immigration officer when one lands in India.

I have also been told, but there is no firm evidence, that the exit stamps in passports, when one leaves India, state that re-entry is not allowed within two months, only in respect of those visas that the rule applies to. As I say, there is no confirmation of this.

I hope this helps.

Regards
Bharat

New India visa rules
2/1/2010

New rules brought in by the Indian government mean that anyone with a multiple entry visa for India, even those with a five or ten year one, will have to wait two months before re-entering the country if they leave for any amount of time. The move means that tourists will no longer be able to use India as a base for travel to other countries in the region such as Nepal, China or Sri Lanka.

It is believed that the government's decision was motivated by the arrest of suspected US terrorist David Headley, who authorities believe to have participated in the Mumbai attacks in November 2008. Mr. Headley had held a multiple-entry visa and made a total of nine entries into the country.

Also affected will be foreigners living in India and Persons of Indian Origin (PIO) card holders. The former, who prefer to reapply for six-month visas rather than go through the rigmarole of securing citizenship, will no longer be able to leave the country without staying abroad for two months.

The British High Commission in Delhi commented: "We have discussed this matter with the government of India. We understand the Indian government is reconsidering its plans. We shall keep a close eye on this as it develops because it has the potential to impact on a large number of British nationals."

Following diplomatic protests from the United States and England, the Indian Foreign Ministry issued an announcement on Dec. 24, slightly relaxing the rules for tourists who wish to use India as a base for travels in the region. “Foreign tourists who enter India and then plan to visit another country and re-enter India before finally exiting, may be permitted two or three entries by Indian missions subject to their submission of a detailed itinerary and supporting documentation (ticket bookings),” the official statement said.

Re-entry may also be permitted in special cases, such as a death or illness in the family. Under the new rules, visitors are also required to register within 14 days with the Foreigners Regional Registration Office (F.R.R.O.) in India if they return within two months of departure.

While the ministry has stated that the rules will affect only tourist visas, United States consulates in India have issued travel alerts stating that they have received some reports that the rules are being applied to other visa types, including business visas. The alert said that the rules are being applied inconsistently in certain cases, and that they are still subject to change. (See the U.S. Consulate in Mumbai Web site for travel alerts and reports on how the rules are being applied.)