Govt told to decide policy on visa extension of foreigners in live-in relation

In a significant order, the Delhi high court has directed the Centre to take a policy decision within three months on whether visa extensions given to foreigners married to Indian nationals can also be granted to those in live-in relationship with Indians.

Hearing a petition by an Uzbekistan national, Justice Rajiv Sahai Endlaw said the visa extension guidelines meant for foreigners married to Indian citizens could also be extended to foreign nationals in live-in relationships with Indians, just like provisions of the Domestic Violence (DV) Act were applicable to women in live-in relationships.

“The respondents (Union of India and Foreigners Registration Office) to within three months hereof take a policy decision whether to extend the benefit of extension of visa as presently available to foreigners married to Indian nationals also to foreigners in a live-in relationship with Indian nationals..,” the court said.

“I am of the view that just like a need was felt to extend the benefit of DV Act also to women in live-in relationships in the nature of marriage, there is a need to extend the benefit of the Rule/Guideline providing for extension of visa of foreigners married to an Indian national to foreigners though not married but in a live-in relationship,” Justice Endlaw said.

The direction came during hearing of plea filed by a Uzbekistan national, who sought extension of her visa along with those of her two kids to enable them to stay in India with her live-in-partner, an Indian national.

She also sought direction against the authorities for issuing letters in December 2012 and January 2014 asking her to leave the country.