process of indian immigration

7/28/2019 Process of Indian Immigration

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LawQuest 2010. All Rights are Reserved.

Overview of IndianImmigration

by Poorvi Chothani, Esq.LawQuest

www.lawquestinternational.com

October 28, 2010
http://www.lawquestinternational.com/http://www.lawquestinternational.com/


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India October 2010

Open Door Policy

Business Visas

Employment Visas Other Types of Visas

Persons of Indian Origin

Overseas Citizenship of India


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India October 2010

Open Door Policy

Business Visas

Employment Visas Other Types of Visas

Persons of Indian Origin

Overseas Citizenship of India


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Overview Continued

Types of visas depends on intendedactivity in India


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Business Visitor Foreign nationals who are partners in the Business and/or functioning

as Directors in the company.

Foreign nationals coming to India for consultations regardingexhibitions, forparticipation in exhibitions, trade fairs, business fairs, etc.

Foreign buyers who come to transact business with suppliers/ potentialsuppliers at locations in India, to evaluate or monitor quality, givespecifications, place orders, negotiate further supplies etc., relating togoods or services procured from India.

Foreign experts/specialists on a visit of short duration in connection withan ongoing project with the objective of monitoring the progress of thework, conducting meetings with Indian customers and/or to providesome high level technical guidance.

Contd.


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Business Visitor Foreign nationals coming to India for pre-sales or post-

sales activity not amounting to actual execution of anycontract or project.

Foreign Trainees of multinational companies/corporate

houses coming for in-house training in the regional hubs ofthe concerned company located in India.

Foreign students sponsored by AIESEC for internship onproject based work in companies/industries

Foreign nationals coming as tour conductors and travelagents and / or conducting business tours of foreigners orbusiness relating to it, etc.


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Overview of Business Visas

First time applicants generally get a six month or a oneyear visa

Subsequent applications may result in a maximum visavalidity up to five years (10 years for US Nationals)

Multiple entries permitted unless otherwise specified


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Basic Requirements For Business Visas

Intention of a genuine visit for business and notfor paid employment

Invitation to attend business meetings Good health and character

No negative records on file with the consulate

A ticket for onward travel from India


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Permitted Activities on a Business Visa

Setting up or exploring the possibility of setting up a business or industrialventure in India.

Technical meetings or attending board meetings or other generalmeetings for business services support.

Experts/specialists coming on a short duration in connection with an on-going project with the objective of monitoring progress, conductingmeetings or providing high level technical guidance.

Trainees of multinational companies or corporate houses who wish toattend in-house training conducted at the regional hub of the companylocated in India.

Contd.


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Purchase/sell of industrial products or commercial products orconsumer durables.

Recruitment manpower.

Partners in a business or are on the Board of Directors of anIndian company.

Participating or rendering consulting services with regard toexhibitions, trade fairs, business fairs, etc.

Contd


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Transacting business with suppliers, potential suppliers or toevaluate or monitor quality, provide specifications, place orders,negotiate further supplies etc., in connection with goods orservices procured from India.

Pre-sales or post-sales activity not amounting to actual executionof any contract or project.

Students sponsored by AIESEC as interns on project based workin Indian companies or industries.

Contd


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Important Documents

In addition to the form and passport some of the importantdocuments are listed below:

Business Visas

Employment Visas


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Employment Visas or Work Authorization

A single category of employment visa

Granted to Highly Skilled or Qualified Workers

This visa is for employers who would like to employ overseasworkers to fill highly specialized or managerial positions in India.


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Employment Visa Process Overview

The process for obtaining an employment visa for skilled workersinvolves the following two steps.

Employment visa application

Local F(R)RO registration

Note that different processes apply for nationals of Afghanistan,Pakistan, Sri Lanka, Bangladesh and China.


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Permitted Activities on Employment Visas

To execute a project or contract irrespective of the duration of the visit.

Short visits to customer locations to repair plants or machinery as part of awarranty or maintenance contract.

To impart training or to provide technical support/services or to take up

employment as coaches in India.

To come as consultants for a fixed remuneration.

To provide skilled services like engineering, medical, accounting, legal orsuch other highly skilled services as independent consultants.

Contd..


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Permitted Activities on Employment Visas

Interpreters, teachers, chefs and artists employed in hotels,clubs or other organizations.

Engineers or technicians coming to India for installation andcommissioning of equipment, machines or tools that have beensupplied under a contract.

In connection with technical support, technical services ortransfer of know-how for which the Indian company paysfees/royalty to the foreign company.

Sportsmen under time bound contracts with local clubs ororganizations.Contd..


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STEP 1 Employment Visa

Application All travelers who require Indian Employment Visas are

now required to file or lodge their application within theircountry of citizenship or country of residence provided

that they have legally resided there for more than twoyears.

Multiple changes have been made to Indianimmigration legislation since 2009. We recommend

that the reader access Pro-Link's Global Brief, availableon this website, to review changes in detail. Noteparticularly that a minimum salary level of $25000USDwas introduced in October 2010.


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STEP 2 Local F(R)RO Registration

The field officers in charge of immigration and registrationactivities at Bangalore, Delhi, Mumbai, Kolkata, Chennaiand Amritsar are called Foreigners' Regional RegistrationOfficers (FRROs). In all other states, the DistrictSuperintendents of Police function as Foreigners'Registration Offices (FROs).

A foreigner entering with a visa valid for longer than 180days is required to be registered within 14 days of arrivalwith the FRRO (in case of Delhi, Mumbai, Kolkata, Amritsarand Chennai) or the FRO/ District SP, in the region wherethe foreigner intends to stay.

Contd


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STEP 2 Local F(R)RO Registration

Estimated Processing Time two to

five weeks

Validity periods

Maximum validity of employment visas istwo years, or three years for employees inthe Information Technology (IT) orInformation Technology enabled services(ITes) sectors.

Family MembersSecondary/ family dependants may not workwithout separate work authorisation.


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Persons of Indian Origin (PIO)

Persons of Indian Origin (up to the fourth generation) qualify for PIORegistration

Visa free entry and the right to residence and employment.

Registration card is valid for fifteen years

Renewed for additional 15-year periods

Eligible spouse of an Indian national or person of Indian origin mayalso qualify for a PIO card.

FRRO registration required in some cases


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Overseas Citizenship of India (OCI)

Eligibility - an individual* who was eligible to become a citizen of India on 26.01.1950; or

was a citizen of India on or at any time after 26.01.1950; or

belonged to a territory that became part of India after 15.08.1947;or

is a child or grand child of a person described above.

Life time validity

Permits one to live and work in India

No travel restrictions

No FRRO registration required

* Individuals who have ever been a citizen of Pakistan or Bangladesh is not eligible

for an OCI.