To Shivraj V Patil (MHA)

March 5th 2007

Dear Shri Patil,

Case Reference: COL/ VISA/ 407/ 3/ MISC/ 2007 dated February 19th 2007
Subject: Grant of Employment Visa to Joseph Antony Gerard Motha

Introduction/ Credentials: My parents originally hail from Tamil Nadu, and were Indian citizens. I hold a Sri Lankan passport because I was born in Colombo. In 1973, when I was just ten years old, I migrated to India with my parents. I have been residing in India ever since – initially as a student and later as an employee. I have been living in India continuously since 1982.

During the intervening period (1982 to 2006), I have unfailingly applied - every year, to the appropriate authorities, for permission to remain in India. This has been granted, never refused. I also bear allegiance to The Constitution of India, having taken an oath to that effect before the District Magistrate of Bangalore.

I have been employed with Titan Industries Ltd (‘Titan’, a TATA enterprise) over the past fifteen years. My employers vouch for my commendable character and conduct. I am currently designated as ‘Group Manager'. Before joining Titan, I had obtained a letter from the Reserve Bank of India that allows me to take up employment in India.

My education and experience make me ideally suited for life in India. I graduated from Bangalore University and am also a graduate of the Institute of Cost and Works Accountants of India. Besides, I have also earned a Post-Graduate Diploma in Management from XLRI Jamshedpur. All these are recognized Indian qualifications.

Change of Purpose & Ratification: When I arrived in India in 1982, I was a student but entered on a tourist visa that mentions ‘Change of Purpose Not Allowed’. The Additional District Magistrate, Bangalore District - the appropriate authority in those days – had approved an application for permission for me to stay in India for a further period of one year. Since this was based on proof that I was a bona fide student, it was implied that my Tourist visa had thus been changed to a Student visa.

At that time, I was still a teenager pursuing my degree in Bangalore, and these matters were being handled by my parents. This “violation” occurred nearly a quarter of a century ago, probably due to ignorance (and was later ratified by the Government of India).

Subsequently, the Commissioner/ Superintendent of Police & Foreigners’ Registration Officers – CoP&FRO - of Jamshedpur and Bangalore have issued Residential Permits permitting me to remain in India, as a Student initially and as an Employee thereafter. (The CoP&FRO is now the appropriate authority, the primary point of contact for foreigners desiring to extend their stay in India.) Some of these Residential Permits have even been issued based on specific approval from the Ministry of Home Affairs, Government of India, New Delhi (MHA). Whenever applying for permission to extend my stay in India, I have stated the reasons accurately and completely.

Hence, it is apparent - based on MHA letter No. 18020/1166/2003 – FVII dated 07-10-2003 - that these changes have been explicitly ratified by the Government of India. This has subsequently been confirmed by the Government of India’s letter No. 18020/1161/2003-F-VII dated 21-06-2006, whereby I was permitted to stay in India upto June 3rd 2006 on Ex-Post-Facto basis.

Background to Current Problem: I arrived in Sri Lanka on April 16th 2006, on the way back from Bangkok, where I had gone to attend a conference of Titan’s business associates. With my background, I assumed that obtaining a visa to continue employment in India would not be a difficult proposition. Accordingly, on April 21st 2006, I applied to the High Commission of India in Colombo (HCI) for a 12-month Multiple-Entry Employment visa. I also attended a visa interview on May 3rd 2006.

The HCI referred my application to the MHA for a decision but, for some inexplicable reason, the referral letter was biased - neither completely accurate nor comprehensive. Consequently, after more than three months of waiting, I was informed that the MHA had turned down my application for a visa to enter India! Due to the perceived unfairness of this decision, I submitted an appeal, as advised, addressed to the High Commissioner.

The HCI wrote to the MHA again, stating the factual position and requesting the MHA to reconsider its decision. (Letter Nos: COL/ VISA/ 407/ 1/ 2006 dated August 2006, COL/ VISA/ 407/ 2/ 2006 dated December 20th 2006 and COL/ VISA/ 407/ 2007 dated February 8th 2007). These letters and intermittent reminders have not yet received a response from the MHA.

Current Status & Appeal: This delay in granting me a visa has already caused tremendous inconvenience and financial loss to me and to my employers. Besides, the emotional anguish to my family is incalculable. My wife and two children (aged 14 and 12, both born in Bangalore and now schooling there) are in India while I have been stranded in Sri Lanka since April 2006.

This delay has been causing grief and distress to an innocent family for over ten months now. I humbly request your intervention to ensure that a quick and permanent solution is found to this problem.

Yours Sincerely,

Joseph Antony Gerard Motha.