In a ruling watched closely by university international-student offices, the Madhya Pradesh High Court on 24 January dismissed the petition of Afghan national Syed Rashid Ali, who had asked the court to quash a ‘leave India’ notice issued after he remained in the country ten months beyond his student-visa expiry. Justice Vishal Mishra held that the United Nations High Commissioner for Refugees (UNHCR) refugee card produced by the petitioner conferred no legal right to reside in India without a valid visa, and that the Foreigners Act gives local police full authority to initiate exit proceedings and criminal charges for overstay.
Ali entered India in 2019 on a student visa to pursue a postgraduate programme at a private university in Bhopal. During the COVID-19 period he received special extensions, but after completing his course in 2022 he took up employment at the same university without converting to an employment visa. The police eventually issued an FIR and a departure notice when he failed to depart by the last compassionate extension date of 24 March 2024.
![MP High Court Rules Afghan Student’s Post-Study Overstay Illegal, Signals Tougher Visa Enforcement]()
The court’s order underscores the government’s zero-tolerance approach to long-term overstays—even for nationals of conflict-affected countries—and clarifies that UNHCR refugee status does not override India’s domestic visa regime. Immigration lawyers say the judgment could have broader implications for thousands of foreign students who remain in India to work informally after graduation, and for universities that may unknowingly employ them. Institutions are being urged to tighten post-study compliance checks and ensure timely visa conversions for foreign alumni hired as faculty or researchers.
VisaHQ, an online visa-processing platform, can help both institutions and individuals stay compliant by streamlining extension, conversion, and renewal applications through its India portal (https://www.visahq.com/india/). The service provides up-to-date requirement lists, document reviews, and status tracking, reducing the likelihood of missed deadlines that could lead to overstays and penalties.
For global-mobility managers the message is clear: India expects every foreign national, including refugees, to hold the correct immigration status at all times. Corporates employing former international students should verify that the individual’s visa class authorises work and that renewals are lodged before expiry. Failure to do so risks criminal liability for the individual and administrative penalties for the sponsoring organisation.
Ali entered India in 2019 on a student visa to pursue a postgraduate programme at a private university in Bhopal. During the COVID-19 period he received special extensions, but after completing his course in 2022 he took up employment at the same university without converting to an employment visa. The police eventually issued an FIR and a departure notice when he failed to depart by the last compassionate extension date of 24 March 2024.
The court’s order underscores the government’s zero-tolerance approach to long-term overstays—even for nationals of conflict-affected countries—and clarifies that UNHCR refugee status does not override India’s domestic visa regime. Immigration lawyers say the judgment could have broader implications for thousands of foreign students who remain in India to work informally after graduation, and for universities that may unknowingly employ them. Institutions are being urged to tighten post-study compliance checks and ensure timely visa conversions for foreign alumni hired as faculty or researchers.
VisaHQ, an online visa-processing platform, can help both institutions and individuals stay compliant by streamlining extension, conversion, and renewal applications through its India portal (https://www.visahq.com/india/). The service provides up-to-date requirement lists, document reviews, and status tracking, reducing the likelihood of missed deadlines that could lead to overstays and penalties.
For global-mobility managers the message is clear: India expects every foreign national, including refugees, to hold the correct immigration status at all times. Corporates employing former international students should verify that the individual’s visa class authorises work and that renewals are lodged before expiry. Failure to do so risks criminal liability for the individual and administrative penalties for the sponsoring organisation.
