Respected Sir,

I am writing on behalf of my mother, Mrs Lourdes .T . Fernandes who is of Indian origin and had been living here in Goa from the year 1965 since her return from Nairobi, Kenya.
Mrs Lourdes .T . Fernandes is a holder of a British Overseas citizen Passport (see attached docs for details) and has been on a visit to the United Kingdom from 06th August 2009 on a 6 Month "British Multi Visit Visa" along with her elderly Mother, Unfortunately my Mother, Mrs Lourdes .T . Fernandes had to leave India before the Resident Permit (see attached docs for details) which was applied for in the year 2005 had been approved and still in consideration Phase till her departure on 6th August 2009.

Now she needs to return to India back to her husband and my 12 yrs old brother, but the Indian embassy says that they cannot provide her an entry visa as the resident permit is not approved, Also a Tourist visa is being denied as they say that according to the passport she is under 'British Immigration Act 1971' and needs to contact the British Embassy and get a visa stamped from them that she will be back for indefinite stay. The British has expressed helplessness on this situation when contacted them. After going through the 'British Immigration Act 1971' I have learnt that only a British Overseas citizen holds the right to abode in UK only if either one of the parents were a UK Born or UK citizens at the time of Birth, but in this case My mother doesn't hold this right and rightly so British Embassy can't help her much on the same. This has been in a loop since 2 months now and my Father has been depressed and is showing signs of Ill health due to hypertension.

My Mother has also surrendered most of the docs like the voting card, even has got her name cancelled of the ration card copy,etc when she had acquired the British Overseas passport from a British Subject passport in Mumbai.

I have attached the passport copies and am begging for a solution or to contact the Indian Embassy in London to do the required to sent my mother back to India.

Do you think its a part of the mistake on the immigration side to let her leave the country without checking if the Resident Permit has been approved ?

I have recieved no reply to the above contents from the Junior secretary of Foriegners at the external affairs, New Delhi (jsf@nic.in).
Do I have any ground to fight a lawsuit ?

Kind regards,

Neil

Is this really a consumer court forum ? Y is there no answer to my question then ?

Hello,

We are sorry to say, the above mentioned complaint not comes under CPA.