India

Employment (E) visa holders in India who are submitting an initial application to renew their status may now obtain a first renewal of up to one year directly from their local Foreigners Regional Registration Office (FRRO), rather than the three-month preliminary extension that FRROs previously granted to first-time applicants. This change, put in place recently by the Ministry of Home Affairs, is expected to streamline the E visa renewal process.

Previously, FRROs were authorized to grant first-time E visa renewal applicants a preliminary three-month extension only and were required to forward applications requesting extensions of more than three months to the Ministry of Home Affairs for final adjudication. They could, however, grant one-year extensions to E visa holders seeking a second or subsequent renewal. With this latest policy change, FRROs are now authorized to issue up to four one-year extensions, for a maximum E visa validity period of up to five years.

Police Clearance Requirement

E visa renewal applicants throughout India may now be required to include clearances from the police authorities in each location where they have lived during their initial residence period in India, proving that they have not been convicted of any crime in India. Previously, police clearances were required only in certain filing locations.

Implementation of Changes

FRROs in Bangalore, Mumbai and Chennai have implemented the renewal procedures and police clearance requirement, with other locations expected to follow suit shortly. Since each FRRO retains discretion in implementing procedural changes, application procedures may differ in other filing locations across India.

This change does not appear to affect the process for E visa renewal applications submitted to Foreigners Registration Offices (FRO). In smaller municipalities, FROs administer immigration procedures but have more limited authority than FRROs, which service larger municipalities.

Fragomen will continue to monitor the implementation of this development and provide updates as they become available.

The content of this alert is provided for information purposes only.

If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to indiaqueries_newpolicy@fragomen.com.

Source: Fragomen

India: Foreign Nationals Face New Procedures and Increased Wait Times as Bangalore Foreigners’ Registration Office Assumes Regional Enforcement Authority

Foreign nationals residing within the jurisdiction of the Foreigners’ Registration Office (FRO) in Bangalore now must follow new registration procedures due to the elevation of the FRO to the status of Foreigners’ Regional Registration Office (FRRO) on January 11. As an FRRO, the office will provide an increased immigration enforcement presence in the city. Registration applicants should be prepared for increased wait times to file applications and collect documentation as a result of the procedural changes.

The Foreigners’ Registration Office (FRO) in Bangalore has been elevated to the status of a Foreigners’ Regional Registration Office (FRRO), effective January 11, 2010. The move to FRRO operations in Bangalore has resulted in several procedural changes, as well as additional security requirements, which have increased wait times for foreign nationals registering their presence in India.

Foreign nationals holding any visa valid for more than 180 days must register at their local FRRO or FRO within 14 calendar days of arrival in India. The registration requirement, if applicable, is generally noted on the visa. A new registration must be completed when a visa is renewed, or if the registered foreign national’s personal information (such as a residential address) has changed.

While it was previously necessary for a registration applicant to appear in person at the Bangalore FRO only when filing a registration application, Bangalore registration applicants (including children) are now required to visit the FRRO in person both to submit applications and for endorsement and collection of immigration documentation. In addition, applications may only be submitted between 9:30 a.m. and 1:00 p.m., while submissions previously were accepted from 11 a.m. to 5:30 p.m. Documents can now be collected only between 4:30 and 5:30 p.m. On a positive note, the Bangalore FRRO will process registration applications in one working day, whereas the processing time at the Bangalore FRO was typically three to five working days.

The reduction in application and collection hours has resulted in long queues at the Bangalore FRRO and applicants should be prepared for longer wait times. However, a new system may be introduced in the coming weeks to help streamline the application process and reduce wait times.

The elevation of the Bangalore FRO to an FRRO was due to a need for an increased immigration enforcement presence in the city, a result of Bangalore’s rapid development as the information technology hub of India and the large number of foreign companies and foreign nationals settling there. An FRO office is usually a Commissioner of Police or District Superintendent of Police office that also oversees in-country immigration functions and reports to the State Government. An FRRO is dedicated entirely to in-country immigration procedures and reports to the Indian Ministry of Home Affairs and the Intelligence Bureau. The FRRO in Bangalore is the sixth such office in the country. There are also FRROs in New Delhi, Mumbai, Chennai, Kolkata and Amritsar.

Please note that Fragomen staff are available to provide guidance to assignees and to accompany assignees to the Bangalore FRRO, as needed, and will be present at the Bangalore FRRO to assist with any difficulties that might arise.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email toindiaqueries_newpolicy@fragomen.com.

Source: Fragomen

India: New Limitations on Issuance and Use of Tourist Visas

Holders of Indian tourist visas are now required to wait at least two months from their last departure from India before re-entering the country for tourism. Exceptions may be available under certain circumstances.

With certain exceptions, foreign nationals holding Indian tourist visas will now be required to wait at least two months from their last departure from India before re-entering the country for tourism purposes, according to new guidelines from the Indian government that seek to curb misuse of tourist visas. The rule is effective immediately and generally prohibits foreign nationals from requesting a new tourist visa at an Indian consular post abroad within two months of the expiry of their last tourist visa, and multiple-entry tourist visa holders from re-entering India within a period of two months from their last departure.

Indian authorities have clarified, however, that tourists may be allowed to re-enter India within two months of their last departure in certain situations, such as a death or serious illness in the family, the non-availability of connecting flights out of India, or other exigent circumstances that can be proven through documentation. All requests for authorization to re-enter India on a tourist visa within two months of the tourist’s prior departure are decided on the merits of each case and subject to the discretion of the Indian authorities.

Multiple-entry tourist visa holders who plan to re-enter India within two months of their most recent departure from India may be allowed to do so provided that they: (1) submit a detailed itinerary and supporting documentation (e.g., ticket bookings) proving the genuine touristic nature of their travel at the time of their request, and (2) register with the relevant Foreigner (Regional) Registration Office within 14 days of re-entry.

Applications for new tourist visas submitted within two months of the expiry of the applicant’s last tourist visa will be referred to the Ministry of Home Affairs and subject to heightened scrutiny.

The Indian government has issued an FAQ document that provides further information and clarification regarding the use of tourist visas, available here.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email toindiaqueries_newpolicy@fragomen.com.

Source: Fragomen

India: NASSCOM Obtains Additional Clarification on Foreign Worker Quota

The Indian government has issued further information and clarified its position on the foreign worker quota system that was imposed earlier this month.

The National Association of Software and Services Companies (NASSCOM) and Fragomen have been working closely with the Indian government to seek clarification on, and moderation of, recent changes to the employment visa process. As a result, the Indian government has issued further information about the foreign worker quota that was imposed earlier this month. Notably, power and steel companies in India may sponsor up to 40 foreign workers total or 1% of their total Indian based workforce, whichever is less, until June 2010. As previously reported, Indian employers seeking to sponsor foreign workers for employment visas must generally certify that the number of foreign workers they employ in India does not exceed 1% of their total workforce or 20 foreign workers in total, whichever is less.

Attestation Required
All Indian companies sponsoring foreign workers for employment visas are required to certify that they are in compliance with the new quota, i.e., that their foreign workforce does not exceed 1% of their total workforce or 20 foreign workers, whichever is less. A statement of compliance must be included with foreign workers’ employment visa applications. Please note that Fragomen is able to assist companies with the preparation of such a statement.

Quota Not an Absolute Cap
Based on the opinions and views of the business community, presented by NASSCOM to the Indian government, the Indian government has clarified to NASSCOM that the quota is not meant to act as an absolute cap on the number of employment visa applications an employer can sponsor. Employers whose foreign national workforce exceeds the quota may still sponsor employment visa applications; however, these applications will be referred to the Ministry of Labor and Employment and subject to heightened scrutiny and significant processing delays (of at least four weeks in addition to current processing times). The Indian government has stated that the primary purpose of the quota is to control the influx of unskilled labor from neighboring countries.

Relaxed Quota for Power and Steel Companies
The Indian government confirmed that the quota has been relaxed for power and steel companies in India. These companies may sponsor up to 40 foreign workers total or 1% of their total Indian based workforce, whichever is less, provided that they demonstrate that they are acting in accordance with the broad intent of the Indian immigration laws and are not sponsoring unskilled laborers.

Treatment of Renewal Applications
The Indian government has stated that applications for renewal of employment visas filed in India are not subject to the quota at this time and do not need to be accompanied by an attestation.

NASSCOM and Fragomen will continue to monitor developments in this area and ensure that the various Indian Consulates are aware of the stated position of the Indian government. NASSCOM is working with the Indian government to obtain a further clarifying statement. The content herein is provided for informational purposes only.

For further information and assistance, please contact:

Fragomen Immigration Services India Pvt. Ltd.:

Saju James
Managing Director, Fragomen India
Email: sjames@fragomen.com
Phone : + 91-484- 4119300

Gavin Colaco
General Manager, Fragomen India
Email: gcolaco@fragomen.com
Phone : + 91-80- 43444744

Archana Mittal
Client Service Manager, Fragomen India
Email: armittal@fragomen.com
Phone: + 91-80-43444744

Fragomen Global LLP:

Brendan Ryan
Managing Director, Operations
Fragomen Global LLP
Email: bryan@fragomen.com
Phone: + 732-862-5260

Graham Lees
Manager of Operations, Americas
Fragomen Global LLP
Email: glees@fragomen.com
Phone: + 732-862-5275

Indian authorities are beginning to enforce a new quota system that seeks to limit the number of foreign workers in that country. Full details of the new quotas are not yet available and the situation remains in flux, but in general, employers seeking to sponsor foreign national workers for employment visas must now certify that the number of foreign national workers they employ in India does not exceed 1% of their total workforce or 20 foreign workers total, whichever is less.

Large employers may be able to employ more than 20 foreign workers, provided the overall number is less than 1% of their workforce, but their employment visa applications will be subject to additional scrutiny and are likely to be significantly delayed. There are reports that the numeric cap could be temporarily expanded, until June 2010, to allow employers to sponsor up to 40 foreign workers.

The new quota system was officially announced last week, though earlier media reports suggested that the Ministry of Labour and Employment had issued an internal office memorandum on the quota as early as September.

New Tax Information Requirements for Sponsors at Indian Posts in the United States

India Foreign National Worker Quota Introduced Foreign Hiring Limited to Less than 1% of an Employer’s Workforce

Indian consulates in the United States now require employment visa sponsors to certify that the visa holder complies with all necessary tax regulations, including the timely filing of tax returns in India. The sponsor must provide its corporate tax identification number in the certification. Travisa Outsourcing, the private firm which manages India’s visa services in the United States, has confirmed this new requirement. At this time, it is unclear whether these new requirements will be implemented in other countries.

Fragomen is closely monitoring these developments and will provide updates as they become available.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to indiaqueries_newpolicy@fragomen.com.

India: Travel Advisory for Indians Traveling to China

Indian nationals traveling to China must ensure that their Chinese visa is sealed to their passport in order to clear Indian immigration checks. They are required to present their visa to Indian immigration officials upon departure. Paper visas which are stapled to the individual’s passport are invalid for travel out of India to China.

Paper visas issued by Chinese diplomatic posts which are stapled to the traveler’s passport, rather than sealed onto the passport as a sticker, are invalid for travel out of India, according to a recent advisory from the Indian Ministry of External Affairs. In general, Indian nationals must present a visa for their destination to Indian immigration officials upon departure, and those holding stapled Chinese visas will not be allowed to proceed through Indian immigration checks.

The advisory was released following reports that Chinese diplomatic posts are issuing stapled visas to certain Indian nationals depending on domicile, ethnicity or place of issue of the passport.

Given the heightened exit requirement, Indian nationals leaving for China should confirm with the appropriate Chinese diplomatic post in India that they will be issued a seal-type visa prior to submitting their application to avoid departure problems.

Fragomen will continue to monitor developments in this area. The content of this alert is provided for informational purposes only.

If you have any questions regarding this alert, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to INInitiations@fragomen.com.

Source: Fragomen

India: Authorities Issue New FAQs on Business and Work Visa Changes

The Ministry of Home Affairs has issued Frequently Asked Questions (FAQs) that clarify the appropriate usage of and eligibility for business visas and employment visas. The FAQs also address where foreign nationals may submit visa applications.

As previously reported, the Indian government recently instituted a number of changes to its business and employment visa systems. After weeks of lobbying by industry associations and other groups, including Fragomen, the Ministry of Home Affairs (MHA) has released detailed Frequently Asked Questions (FAQs) that clarify the appropriate usage of and eligibility criteria for business and employment visas. The new FAQs also address where foreign nationals may submit visa applications. The FAQs, which were released on Tuesday, are available by clicking here.

Guidance on Where Visa Applications Can be Filed

The FAQs state that foreign nationals may apply for a business or employment visa to the Indian diplomatic post in their (1) country of citizenship or (2) country of current domicile (if different from their country of citizenship), provided the applicant has been a permanent resident in the country of domicile for at least two years. At this time, it is unclear whether individuals who are not permanent residents in their country of domicile but who have maintained a valid temporary residence status for two years or more will be able to apply there or whether they will have to apply to the post in their country of citizenship.

Business Visas

The FAQs specify the activities that may be conducted under a business visa while in India, as follows:

• Attending business meetings and discussions;
• Exploring opportunities for investment;
• Establishing a business;
• Purchasing or selling industrial or commercial products;
• Recruiting workers;
• Attending, participating in, or planning for exhibitions or trade fairs;
• Performing work related to projects of national importance, when conducted by senior executives, tour conductors, or travel agents;
• Making visits of short duration connected with ongoing projects for the purpose of monitoring and reviewing progress, providing high-level guidance, or conducting meetings only.

The FAQs also clarify that a business visa is appropriate for foreign trainees of multinational companies entering India for in-house training and for foreign students sponsored by AIESEC for internships on project-based work. However, the FAQs indicate that a business visa is no longer appropriate for foreign nationals who will deliver training/knowledge transfer in India.

The FAQs reiterate that business visas should not be used by a foreign national to conduct any project-based or contractual work, including post-sales installation or maintenance activities, regardless of duration. Furthermore, business visa holders are advised not to engage in any productive activity while in India. This includes any activity that results in a benefit to an organization in India or abroad.

As a reminder, business visa applicants may submit their application to the Indian diplomatic post in their country of citizenship or country of current domicile if they have resided there as a permanent resident for at least two years. This is a new development introduced by the FAQs and was not included in the guidelines released last month. It remains unclear whether individuals who have maintained valid temporary residence status for two years or more but are not permanent residents in a country other than their country of citizenship will be permitted to apply for a business visa in that country.

It is important to note that the FAQs do not extend the departure date for business visa holders currently in India engaging in activities that are no longer appropriate for their status, such as conducting project-based or contractual work or any other productive activity. These individuals must still make plans to depart India on or before October 31, 2009. A foreign national may not convert a business visa into an employment visa from within India.

Employment Visas

The FAQs reiterate that employment visas should only be issued to skilled and qualified foreign nationals and that documentary proof of educational qualifications and professional expertise is required for employment visa applications. Employment visas are not appropriate for “routine, ordinary, or secretarial/clerical” positions or other positions for which a large number of qualified Indian nationals are available.

The FAQs also assign responsibility for the conduct of foreign national workers to the Indian sponsor, including ensuring their timely departure after completing their work or upon the expiration of their visa. They also note that a foreign company may not send foreign national workers to India without an Indian entity to act as a sponsor for the employment visa. However, an Indian company that awards a contract to a foreign company that does not have its own entity in India can act as a sponsor without having to be the legal employer of the foreign national.

Employment visas are initially granted for a one-year period. If an employment visa holder seeks to extend his or her stay beyond one year, he or she must apply for the first extension to the MHA. Further extensions, however, are granted by the appropriate Foreign Registration Office (FRO). Employment visas may be extended up to a maximum period of five years. Also note that foreign nationals entering India with employment visas must register with the appropriate Foreign Regional Registration Office (FRRO) or FRO within two weeks of arrival.

Please note that in the FAQs, the MHA left open the possibility that authorities may exercise discretion in the adjudication and grant of visas and that reciprocity between India and other countries may also be relevant to the decision making process.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to indiaqueries_newpolicy@fragomen.com.

Source: Fragomen

India Departure Date Postponed for Business Visa Holders Performing Contractual or Project-Based Work

Business visa holders currently present in India who are performing contractual or project-based work in contravention of new visa guidelines now have until October 31, 2009 to depart India. As reported last week, a business visa is no longer appropriate for contractual or project-based work, and any business visa holder who is presently in India performing such work must leave. Previously, these individuals were to leave India by September 30, but the Indian government has decided to extend the deadline.

The Indian government has decided to postpone the departure date for business visa holders who are performing contract or project-based work in contravention of new visa guidelines. These individuals now have until October 31, 2009 to depart India, extended from the previous September 30 deadline. Business visa holders who wish to continue their contractual or project-based work in India must depart and apply for an employment visa at an Indian diplomatic post.

As reported last week, India’s new visa guidelines limit business visa holders to business-related activities only, such as attending meetings and discussions, although the guidelines refer specifically to exploring opportunities for investment, establishing a business, and purchasing or selling industrial products in accordance with the Ministry of Commerce and Industry’s internal criteria. The guidelines prohibit business visa holders from engaging in project-based or contractual work.

The guidelines do not specifically set forth the potential consequences for foreign nationals who fail to leave India as required. However, Indian immigration authorities have the ability to impose penalties for non-compliance, which under current practice are determined on a discretionary and case-by-case basis.

Further updates on these developments are expected to be announced shortly. Fragomen is monitoring these developments in India and will issue updates as they become available.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to INInitiations@fragomen.com.

India: New Guidelines for Stricter Enforcement of Business and Work Visa Requirements

Indian diplomatic posts worldwide are no longer accepting employment visa applications from individuals who are not nationals of the country where the post is located. Instead, these applicants are advised to file their applications at the post in their country of citizenship. This change does not affect business visa applications. The government has issued new guidelines which prescribe stricter enforcement of business and work visa requirements for foreign nationals engaging in contractual or project work, including specific processes in relation to Chinese nationals.

The Indian government recently issued guidelines introducing new requirements governing where foreign nationals may submit employment visa applications. The guidelines also prescribe stricter enforcement of employment visa requirements for foreign nationals entering India for contractual or project work, and clarify the procedures for the adjudication and issuance of employment visas to Chinese nationals engaged in contractual or project activities.

Work Visa Applications to be Filed in Home Countries

Pursuant to the guidelines, Indian diplomatic posts now accept employment visa applications only from nationals of the country where the post is located. Other nationals, including those with work or resident status overseas, are now required to file their employment visa applications at the Indian diplomatic post in their country of citizenship.

This change does not apply to business visas, which can still be obtained at the diplomatic post nearest to the applicant’s current place of residence.

Clarification on Permitted Business Activities and Work Visa Requirements

The guidelines clarify the scope of allowable business activities for business visa holders and the eligibility criteria for employment visas with reference to certain provisions of the Visa Manual, an internal policy document of the Ministry of Commerce and Industry.

It is no longer possible to use a business visa to enter India and engage in project or contractual work. While there is no official definition of “project or contractual work” in India, it typically refers to working in oil exploration, power generation, heavy engineering, and similar major projects. However, in this context, the Indian immigration authorities likely intend to cover productive work in general, regardless of industry or service area.

The new guidelines now limit the issuance of business visas to strictly business-related activities, which generally are regarded as attending business meetings and discussions, although the guidelines refer specifically to exploring opportunities for investment, establishing a business, and purchasing or selling industrial products in accordance with the Ministry of Commerce and Industry’s internal criteria. For activities that do not clearly fall under the usual permissible activities for business visitors, an employment visa is required.

The guidelines state that business visa holders already in India and performing contract or project work must leave the country by September 30, 2009 or before their existing visas expire, whichever is earlier. An employment visa will be required to re-enter India to continue the relevant activities. While the guidelines do not specifically discuss consequences, the immigration authorities have the ability to impose penalties for non-compliance, which under current practice are determined on a discretionary and case-to-case basis.

Similarly, individuals with pending business visa applications to conduct contract or project work activities will have their applications returned by the consular authorities. They will also be directed to obtain employment visas.

The guidelines also tighten the criteria for individuals who intend to perform contractual or project work to qualify for employment visas. Applicants must hold a senior-level, skilled position with the sponsoring company, such as a senior executive, technical expert, or manager. This requirement applies to intra-company transferees and directly hired employees alike. Applications involving jobs for which a large number of Indian nationals qualify or which are low-skilled in nature will not be considered.

Processes Affecting Chinese Nationals

Chinese nationals applying for employment visas are subject to an additional requirement called a security clearance. In the past, security clearance applications were referred by Indian diplomatic posts to the Ministry of Home Affairs (MHA) and were often delayed there indefinitely. Until the issuance of the guidelines, the clearance process was known only internally to the relevant government agencies.

The guidelines clarify the application process for security clearances. Individual applicants and their sponsoring entities are required to file the application with the relevant Indian diplomatic post and submit a copy to the MHA in New Delhi. The diplomatic post endorses the application to the MHA, who in turn forwards copies of the application to the Intelligence Bureau and the Ministry of Labour for review. Based on the recommendation of these agencies, the MHA conveys the approval or denial of the application to the diplomatic post. The clearance process is expected to take around 60 days or longer.

The guidelines also announced that the Indian government is monitoring Chinese nationals who may be on expired business visas and working on projects or contracts in India. Diplomatic posts are working with the Intelligence Bureau to compile information on business visas issued to Chinese nationals since January 1, 2008, including the visa holder’s name, sponsoring entity, visa validity period, and educational qualifications, among other details. Individuals and sponsoring companies found in violation will face penalties, which under current practice are discretionary and may take any of the following forms: negative publicity against the company, monetary fines, blacklisting of the company or individual, re-entry bars on the individual, or imprisonment.

Further updates on these developments are expected to be announced shortly. Fragomen is monitoring these developments in India and will issue updates as they become available.

The content herein is provided for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen Global Immigration Services or send an email to INInitiations@fragomen.com.

Source: Fragomen