Proper documentation and adherence to prescribed procedures are essential for visa conversion and grant of citizenship.

JUDGMENT

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records and quash the Exit order dated 26.04.2012 passed by the 1st Respondent and consequently to direct the 1st and 2nd respondents to issue either X-Visa or grant permanent citizenship of India to the petitioner as expeditiously as possible. (Prayer amended as per order dated 06.11.2015 in M.P.No.2 of 2015 in W.P.No.25150 of 2015)

1. The writ petition has been filed, challenging the Exit order dated 26.04.2012 passed by the 1st Respondent and for a direction to direct the 1st and 2nd respondents to issue either X-Visa or grant permanent citizenship of India to the petitioner as expeditiously as possible.

2. The petitioner states that she married one Mr.Mohamed Jawad on 24.07.1997 and the marriage was registered on 23.10.2000 vide marriage registration certificate bearing No.9/2000 on the file of the SRO, Mylapore. The husband of the writ petitioner is an Indian National, holding a valid Indian Passport.

3. The writ petitioner is residing along with her husband at Chennai from the year 1997 till 2003 on a long term residential permit granted by the Government of India. The petitioner was given Police Clearance Certificate on 09.07.2000 for her long term stay. The petitioner and her husband in the year 2003, immigrated to Canada. She acquired Canadian Nationality in March 2007. Thereafter, she had renounced her Pakistani citizenship in July 2008. In August 2008, the petitioner had applied for ''X'' Visa (Entry Visa) at the Consulate General of India, Toronto, Canada. The visa officer concerned issued a ''T'' Visa (Tourist Visa) for six months by stating that the petitioner can apply and convert the Tourist visa to ''X'' Visa after arrival in India. Accordingly, after arriving to India on 13.09.2008, the petitioner had applied for registration as a foreigner and for conversion of Tourist Visa to ''X'' Visa on 25.10.2008 before the 2nd respondent.

4. The application was forwarded to the Ministry of Home Affairs (MHA), New Delhi for approval. Meanwhile on 15.01.2009, the petitioner gave birth to a male baby boy by name Taher Mohammad at Apollo Med Hospitals, PH Road, Chennai – 600 010.

5. The boy is now studying X Standard. Under these circumstances, the learned counsel for the petitioner made a submission that the petitioner submitted an application for registration of citizenship and for grant of long term visa. Both the applications were submitted thrice, but were not considered.

6. The learned Deputy Solicitor General of India appearing on behalf of the respondents 1 and 2 objected the said contention by stating that the marriage between the petitioner and her husband was solemnized on 24.07.1997 at Karachi, Pakistan and she was holding two Passports during the relevant point of time i.e., Canadian Passport and Pakistani Passport. She had arrived to India based on the Tourist Visa and the application was not submitted within the time prescribed and thus, the authorities have not considered for grant of long term Visa as per the application submitted by the petitioner. Since the petitioner had overstayed in India, impugned Exit order was passed in accordance with the provisions of the Act.

7. If at all the petitioner is residing in India for a continuous period without proper visa or citizenship, then it is to be considered as illegal and thus, the said illegality cannot be cured by the officials, which would be otherwise in violation of the provisions of the Act and Rules.

8. The learned counsel for the petitioner furnished the copy of the circular issued by the Ministry of Home Affairs, Government of India, in which, Serial Nos.42 and 47 provides clarification of grant of ''X'' Visa and long term Visa and the same reads as under: