Staying abroad on Visitors’ Visa doesn’t give one NRI status,says High Court

Shortly after she was admitted in the college,the authorities realised that Vrushali was not eligible for NRI quota just because she had been living in a foreign country for 186 days on a Visitors Visa,following which the college cancelled her admission.

Vrushali challenged the decision of the college authorities in the High Court. Her counsel argued that she was eligible for admission in two other colleges on merit but had chosen the Ahmedabad-based college and also cited some I-T Act provisions.

Dismissing the petition,the court observed that a person who leaves on business trips for a brief period of time,but without an intent to change his residence,is not a non-resident. The court added that the IT Act sections cited by the petitioner for her claim of NRI status,are related to residence in India only for the purposes of IT Act.

The court also observed that if the petitioner’s arguments are accepted then it would lead to “disastrous results’’. “Any person from an affluent family would obtain a visa for a period of about six months,stay outside India and upon his or her return to India would straightway claim the status of being an NRI,” the HC said.