TR on student...(Success story updated)

[surajshuresh]

Hello guys i just want to know if Transfer of Residence is applicable for student visa. As i am Sydney for the past 2 years and i will here for another year and if i am entitled for Transfer of Residence and if so who should i prove it... What should i do or any form to fill up for Transfer of Residence... Thank you...

[goodboy_mentor]

I don't think Transfer of Residence discriminates on basis of type of visa. I might be wrong, please check the customs website. I don't think you have to fill some special forms other than documents to prove that you owned the gun from such and such date. Please search this forum, in some threads this matter has been explained in great detail.

[surajshuresh]

yes i have gone to other posts. This is what i have found...

What is Transfer of Residence ?
Transfer of Residence (TR) is a facility provided to a person (either an Indian or a foreign passport holder, whether a minor or not and even a student) who intends to transfer his/her residence to India after a stay abroad of at least two years. This facility allows the person and his/her family to import personal and household articles free of duty and certain other listed items on payment of a concessional rate of duty.

I did not understand this part "(either an Indian or a foreign passport holder, whether a minor or not and even a student) " does this mean students are also eligible... Thank you...

[goodboy_mentor]

Yes it means students are also eligible.

[surajshuresh]

Thank you friend i have another question about getting max of 50 ammo in baggage rules does this apply only for transfer of residence or can i buy ammo when ever i go for visit to a foreign country. Then how do apply for transfer of residence i mean how do i make use of this service i.e how do i show then i doing a transfer of residence. Thank you...

[Anand]

Hi suraj,
I am assuming you are asking this because you want to import a firearm.In 1997 I spoke to a customs officer in Mumbai Airport about the same thing. He said that a TR can happen only if you are returning after working abroad, as students moving out of their homes and returning doesnt come constitute really leaving the home . You will have to check with Indian Customs if this is true.

I dont know how true this is, but even abroad (for ex:USA) for the purposes of taxes and certain other cases a student leaving his home state and returning supposedly doesnt mean a transfer of residence .
I didnt want to take a chance right after I graduated so waited to come back on a "real" TR after I worked in the USA.

The TR rules dont really mention what visa a person should return on for it to be a TR under which you can import a firearm, just that it has to be at least 2 years immediately preceding return and no more than 6 months (at a stretch or in segments) should have been spent in India during those 2 years(of course there are exceptions for which the Comm. of Customs can allow it).

The process of permanent export of a firearm from Australia is supposed to be relatively simple, as long as you are already a licensee and have the firearm you desire to export covered by it. Please note that you must have owned the said firearm for at least a year before you can bring it to India on TR( you must be able to prove that by way of receipts and bills and licenses etc.)
My understanding is that to be eligible for a Firearms license in Australia you must be a permanent resident, please verify this, as state laws vary considerably.

At the time you arrive in India, you will declare to the Customs guys that to you are coming on a TR and that you have brought a N.P Bore firearm along with 50 cartridges, which they will promptly confiscate and you will take a receipt for them since you will in all probability arrive in the middle of the night. In the following days, you will provide them with what ever they ask for to clear the firearm such as original Passport and visa to verify duration of stay abroad, Proof of ownership of Firearm and length of time owned, Indian Arms license with appropriate empty slot, NOC from L.A that they are aware of the TR and allowing you to put the said firearm on your license. etc. an import duty between 150% and 165% will be charged on it.
Regards,
Anand

[surajshuresh]

Hi thanks Anand for your reply. Yes i want to import a firearm because this kind of opportunity comes only one in a life time because i here from the past 2 years i have another year and a half left to complete my course. I have read all the other post relating to TR from USA and i am aware that you have experience in this and imported a handgun.

1: TR for students as stated by customs Transfer of Residence (TR) is a facility provided to a person (either an Indian or a foreign passport holder, whether a minor or not and even a student) who intends to transfer his/her residence to India after a stay abroad of at least two years. Here it says "whether a minor or not and even a student" so this includes students i am guessing because i will be outside the country for a total of 3.5 years. What you say???

2: Firearms permit in Australia yes the laws are different in different states i live in NSW. Here i can get a category H license which is for handgun for target shooting must be about 18 years and a resident of NSW does not mention temporary or permanent and also be a member of a pistol club. I am also guessing its for Permanent resident but there many other types of licenses here must see if its possible for me to buy it and deposit it for a year in a safe and then get it back when i leaving the country. I have emailed the Police department and some Gun shop will let you know when they reply mate.

3: There is a license for taking a gun out of the country permanently with out so much hassle but its issued for only 7days before you leave the country...Thank you...

[sudhaiob]

TOR is available only for NRI's and a student is not treated as an NRI.
Regs
Sudhaiob

[nagarifle]

the customs in india are not that interested if you have a frangi arms license, but are more interested in sales receipts etc for length of time you had the firearm and duty purpose.

would advice you get a termination from uni letter just in case.

[surajshuresh]

Nagarifle what is your view on TOR is it applicable for me. See the definition of TOR which says even student is included. Hi re you sure that they are not more interested in foreign arms license but sales receipts if so have you had experience with this. yes i have all the documents to prove that i finished uni i can show my degree certificate or offer letter etc... Only thing is getting a license here and a gun for 1 year long finding about it. Waiting for some reply from some people here will let you guys know what cops say...

[goodboy_mentor]

Rather than going by personal views or statements of individuals, for TR details please search/refer customs websites for transfer of residence rules.

Customs will not be much interested in your Australian gun license. They will be interested to see the documents that prove the duration of your ownership of the gun and its price for purpose of duty calculation.

Cops or local police has no role in TR. Role of police will commence after you apply for gun license in India and is limited to looking for criminal or adverse police records on you.

[surajshuresh]

yes i have looked in the customs websites...

On a bonafide Transfer of Residence to India, you can import free of Customs duty, your personal and household effects without any limit but subject to the following conditions, namely:-

You have been residing abroad for a minimum period of two years immediately preceding the transfer of residence and are transferring your residence to India for a minimum stay of one year;

you affirm by a declaration that the goods have been in your or your family's possession and use abroad for a minimum period of one year.

It does not specify students or NRI etc??? But has any student here done TOR...

[surajshuresh]

Here is the link for customs...
http://www.mumbaicustoms3.gov.in/htmldocs/tr.htm

[surajshuresh]

Hello guys good news i had emailed a shipping company who import cars and other stuff. I asked them about transfer of residence this is what he replied...

Dear Sir,

You are definitely eligible for TR, please inform one month later for your shipment, we provide you shipping service from Sydney to Mumbai port...
I just need confirmation about this from customs lets see if they reply for the mail...

[Bhargav]

Hello guys good news i had emailed a shipping company who import cars and other stuff. I asked them about transfer of residence this is what he replied...

Dear Sir,

You are definitely eligible for TR, please inform one month later for your shipment, we provide you shipping service from Sydney to Mumbai port...
I just need confirmation about this from customs lets see if they reply for the mail...

Suraj,

A transport company is not a legal entity, don't want to discourage you on anything but I would recommend that you directly talk to India customs over emails (so that you are written proof of the communications).

From Australia, you need to make sure that you can legally export a firearm to other country permanently. Here in the US you need to get a one time export permit from the Department of Defense/commerce since hanguns come under controlled category. I am sure there will be similar laws for Australia pertaining to arms export.

Start collecting the paperwork .. good luck to you and keep us posted.

-B