Overview of Indian Immigration

by Poorvi Chothani, Esq. LawQuest

www.lawquestinternational.com

October 28, 2010

LawQuest 2010. All Rights are Reserved.

India October 2010

Open Door Policy Business Visas Employment Visas Other Types of Visas Persons of Indian Origin Overseas Citizenship of India

LawQuest 2010. All Rights are Reserved.

India October 2010

Open Door Policy Business Visas Employment Visas Other Types of Visas Persons of Indian Origin Overseas Citizenship of India

LawQuest 2010. All Rights are Reserved.

Overview Continued
Types of visas depends on intended activity in India

LawQuest 2010. All Rights are Reserved.

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 regarding exhibitions, forparticipation in exhibitions, trade fairs, business fairs, etc. Foreign buyers who come to transact business with suppliers/ potential suppliers at locations in India, to evaluate or monitor quality, give specifications, place orders, negotiate further supplies etc., relating to goods or services procured from India. Foreign experts/specialists on a visit of short duration in connection with an ongoing project with the objective of monitoring the progress of the work, conducting meetings with Indian customers and/or to provide some high level technical guidance.
Contd.
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Business Visitor
Foreign nationals coming to India for pre-sales or postsales activity not amounting to actual execution of any contract or project. Foreign Trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India. Foreign students sponsored by AIESEC for internship on project based work in companies/industries Foreign nationals coming as tour conductors and travel agents and / or conducting business tours of foreigners or business relating to it, etc.

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Overview of Business Visas

First time applicants generally get a six month or a one year visa
Subsequent applications may result in a maximum visa validity 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 not for 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 industrial venture in India. Technical meetings or attending board meetings or other general meetings for business services support. Experts/specialists coming on a short duration in connection with an ongoing project with the objective of monitoring progress, conducting meetings or providing high level technical guidance. Trainees of multinational companies or corporate houses who wish to attend in-house training conducted at the regional hub of the company located in India.
Contd.

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Permitted Activities on a Business Visa

Purchase/sell of industrial products or commercial products or consumer durables. Recruitment manpower. Partners in a business or are on the Board of Directors of an Indian company. Participating or rendering consulting services with regard to exhibitions, trade fairs, business fairs, etc. Contd

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Permitted Activities on a Business Visa

Transacting business with suppliers, potential suppliers or to evaluate or monitor quality, provide specifications, place orders, negotiate further supplies etc., in connection with goods or services procured from India. Pre-sales or post-sales activity not amounting to actual execution of any contract or project. Students sponsored by AIESEC as interns on project based work in Indian companies or industries.

Contd

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Important Documents
In addition to the form and passport some of the important documents 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 overseas workers 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 workers involves 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 a warranty 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 or such 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 and commissioning of equipment, machines or tools that have been supplied under a contract.

In connection with technical support, technical services or transfer of know-how for which the Indian company pays fees/royalty to the foreign company.
Sportsmen under time bound contracts with local clubs or organizations. 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 their country of citizenship or country of residence provided that they have legally resided there for more than two years.
Multiple changes have been made to Indian immigration legislation since 2009. We recommend that the reader access Pro-Link's Global Brief, available on this website, to review changes in detail. Note particularly that a minimum salary level of $25000USD was introduced in October 2010.
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STEP 2 Local F(R)RO Registration

The field officers in charge of immigration and registration activities at Bangalore, Delhi, Mumbai, Kolkata, Chennai and Amritsar are called Foreigners' Regional Registration Officers (FRROs). In all other states, the District Superintendents of Police function as Foreigners' Registration Offices (FROs). A foreigner entering with a visa valid for longer than 180 days is required to be registered within 14 days of arrival with the FRRO (in case of Delhi, Mumbai, Kolkata, Amritsar and Chennai) or the FRO/ District SP, in the region where the 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 is two years, or three years for employees in the Information Technology (IT) or Information Technology enabled services (ITes) sectors. Family Members Secondary/ family dependants may not work without separate work authorisation.

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Persons of Indian Origin (PIO)

Persons of Indian Origin (up to the fourth generation) qualify for PIO Registration 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 may also 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.

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