Immigration law india


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This provides a basic information on various types of visas available to foreigners and citizens of Indian origin.

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Immigration law india

  1. 1. Sadanand Naik Bangalore
  2. 2.  Immigration to India has Increased by 12.12% over the previous year Indian visa to foreigners is granted by Indian Missions/Posts abroad 64,76,111 foreigners visited India during 2011 USA (10,34,599), UK (8,14,431), Bangladesh (4,10,586), Sri Lanka (3,13,983), Canada (2,62,382), Germany (2,60,355), France (2,43,854), Malaysia (2,24,286), Australia (1,91,591) and Japan (1,95,237) accounted for 62.35% of the total arrival of foreigners in India. 169 Missions, 77 Immigration Check Posts (ICPs) and 7 Foreigners Regional Offices (FRROs) 9,73,815 persons have been granted OCI registration as of Nov 2011. 2,27,155 OCI Cards have been issued during the period from Jan 2011 to Nov 2011
  3. 3.  The Foreigners Act, 1946 The Passport (Entry into India) Act, 1920Other statutes, rules, regulations and manuals: Indian constitution- Nationality and citizenship The Immigration (Carriers liability) Act, 2000 The Immigrants (Expulsion from Assam) Act, 1950 The Citizenship Act, 1955 The Citizens (Registration at Indian Consulates) Rules, 1956. The Passport Act. 1967 The United Nations (Privileges And Immunities) Act. 1947 The Foreign Marriage Act and Rules. 1969 The Extradition Act. 1962 Visa Manual (Not available for public inspection)
  4. 4.  Ministry of Home Affairs (MHA)Foreigners Division:a) All matters relating to Visa,b) Protected Area Permit (PAP)/Restricted Area Permit (RAP)c) Regimes, immigration, citizenship,d) Overseas citizenship of India,e) Policy and regulations relating to acceptance of foreign contribution and hospitality. Bureau of Immigration (BOI) The State Governments/Union Territory (UT) Administrations.
  5. 5.  Nationals of Nepal & Bhutan.
  6. 6.  Fill out the online application Apply by mail or in person to embassy or agency with required fees and documentsAfter arrival: All foreigners (including foreigners of Indian origin) visiting India on long term (more than 180 days) Student Visa, Medical Visa, Research Visa and Employment Visa are required to get themselves registered with the Foreigners Regional Registration Officer (FRRO)/ Foreigners Registration Officer (FRO) concerned having jurisdiction over the place where the foreigner intends to stay, within 14 days of arrival
  7. 7.  The application form completed, is to be submitted at the concerned Indian Visa Application Center (IVAC) or directly to Indian Mission/ Post in absence of IVAC, on the scheduled date of interview along with the requisite supporting documents. Visa application process assigned to many private agencies in many countries. E.g United States: Travisa Outsourcing, VFS Global : United Kingdom, Australia, Thailand, China, Sri Lanka and France. UAE BLS INTERNATIONAL VISA SERVICES-UAE
  8. 8.  Tourist Visa ( T Visa) Employment Visa ( E Visa) Business Visa ( B Visa) Student visa ( S Visa) Entry (X) Visa Research Visa ( R Visa) Journalist Visa ( J Visa) Medical Visa ( M Visa) Return Visa Project Visa ( P Visa) Conference Visa Transit visa
  9. 9.  Tourism and non business related Sightseeing, recreation, casual visit to meet friends and relatives etc 5 year and 10 year Tourist visas to US citizens under a bilateral arrangement. All non-US passport holders are only eligible for up to a Six (6) month Tourist visa.
  10. 10.  The TVOA is allowed for a maximum validity of 30 days with single entry facility by the Immigration Officers at Delhi, Mumbai, Chennai and Kolkata Airports For tourism, short duration medical treatment, casual business or to visit friends/relatives, etc. TVOA is allowed for a maximum of two times in a calendar year to a foreigner with a minimum gap of two months between two visits. TVOA shall be non-extendable and non-convertible. Longer duration should be granted a visa of the appropriate category by the Indian Mission / Post concerned. Nationals of eligible Countries: Japan, Singapore, Philippines, Finland, Luxembourg , New Zealand , Cambodia, Laos, Vietnam, Myanmar and Indonesia.
  11. 11.  Granted by the Indian Missions/Posts to foreigners desiring to come to India for purpose of employment1. Skilled and qualified professionals; or2. Persons employed by an Indian entity, including a company, organization, industry, or undertaking on contract or employment basis at senior-level, skilled positions in the capacity of: a. Technical experts; b. Senior executives; or c. Managers.Duration: 1 year and extendable upto 5 year by concerned StateGovernment/FRO Will not be granted for jobs in positions where large numbers of qualified Indians are readily available. Will not be granted to individuals who will be employed in routine, ordinary, secretarial or clerical jobs in India. Family members /dependents of a foreigner who is granted Employment Visa can be granted ‘X’ Visa co-terminus with the validity of the visa of the principal visa holder
  12. 12.  Foreign nationals coming to execute a project or contract irrespective of the duration of the visit. Foreign nationals on short visits to customer locations to repair plants or machinery as part of a warranty or maintenance contract. Foreign experts coming to impart training or to provide technical support/services or to take up employment as coaches in India. Foreign nationals coming as consultants for a fixed remuneration. Self-employed foreign nationals providing skilled services like engineering, medical, accounting, legal or such other highly skilled services as independent consultants.
  13. 13.  Foreign, interpreters, teachers, chefs, and artists employed in hotels, clubs, or other organizations. Foreign engineers or technicians coming to India for installation and commissioning of equipment, machines, or tools that have been supplied under a contract. Foreign personnel travelling to India in connection with technical support, technical services, or transfer of know-how for which the Indian company pays fees or a royalty to the foreign company. Foreign sportspersons under time-bound contracts with local clubs or organizations. A foreign company or organization that does not have any project office, subsidiary, joint venture, or branch office in India cannot sponsor a foreign national as an employee of a foreign company for employment in India. An Indian company or organization that has awarded a contract for execution of a project to a foreign company and that does not have any base in India can sponsor an employment visa for an employee of that foreign company.
  14. 14.  Short-term business visas: six months or maximum of 180 days on each visit. Long-term business visas: validity period up to 10 years to foreign nationals from specific countriesRequirements: To establish industrial or business ventures in India; To explore possibilities to establish industrial or business ventures; or To purchase or sell industrial products in India.
  15. 15. 1. Foreign nationals coming to set up or explore the possibility of setting up a business or industrial venture in India.2. Foreign nationals coming to India for technical meetings, or attending board meetings or other general meetings for business services support.3. Foreign 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.4. Foreign national 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.5. Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.
  16. 16. 6. Foreign nationals coming to India to recruit manpower.7. Foreign nationals who are partners in a business or are on the Board of Directors of an Indian company.8. Foreign nationals who wish to participate in, or render consulting services with regard to, events such as exhibitions, trade fairs, or business fairs.9. Foreign buyers who come to transact business with suppliers or potential suppliers, or to evaluate or monitor quality, provide specifications, place orders, or negotiate further supplies in connection with goods or services procured from India.10. Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.11. Foreign students sponsored by AIESEC as interns on project- based work in Indian companies or industries.
  17. 17.  Granted by Indian Missions/Posts abroad Maximum period up to five years or for the duration of the academic course of study, whichever is less Extension of Visa by the jurisdictional State Government/UT Administration/FRRO/FRO. Maximum of three entries per academic year during vacation Additional entries may be granted by the State Governments/ UT Administrations/ FRROs/ FROs with prior permission obtained from the University/ Educational institution.
  18. 18. A foreigner of Indian origin, who wishes to come to India for visiting relatives, holiday Spouse and children of a foreigner of Indian origin Spouse / dependents of foreigners coming to India on any other type of valid visa like Student/Business/Employment/Research etc. Duration: five years at a time, with multiple entry facility
  19. 19. Eligibility/Documents: Documentary proof of permission of the Reserve Bank of India for the purchase of / holding the property in India Document showing registration of the particular property with the registration authorityDuration: Granted for one year by the Missions/Posts abroad. Extendable upto 5 years by the FRRO/FRO
  20. 20.  Competent authority to issue Research Visa: • All Indian Missions/Posts abroad • Local FRRO/FRO is competent to convert Student ‘S’ visa into Research ‘R’ visa Visa Extensions by FRRO/FRO Duration: three years or for the duration of the research project whichever is earlier.
  21. 21.  Subject/topic of the research project. Details of places to be visited in India during the project period. Details of previous visits to India. Letter of admission and Certificate of Affiliation in original from the recognised Indian University/Institution in token of having secured admission for the research purpose. Evidence of financial resources to meet the expenses to meet the stay in India. In case the research proposal relates to the applicant’s own country a brief synopsis (150 words) and justification for doing research in India should also be submitted along with the application.
  22. 22.  Provided to professional journalists or photographers for maximum of 3 months stay FRROs/FROs cum Superintendents of Police can extend VISA for one year to foreign journalist accredited to Press Information Bureau. Accreditation certificate from Press Information Bureau and approval of Ministry of External Affairs.
  23. 23.  Medical Visa (MED Visa)/Medical Attendant Visa (MED X Visa) Maximum of three entries during one year State Government/FRROs may permit one additional entry in emergent situations Duration: up to a period of one year or the period of treatment, whichever is less. Extendable for a further period up to one year by the State Governments/FRROs Further extension by MHA
  24. 24. Eligibility: granted to a foreigner: Whose sole objective of visiting India is to attend a conference / seminar or workshop being held in India ; Who holds a valid passport, and a re-entry permit if that is required under the law of the country of nationality of the applicant; Who is not a persona-non-grata to the Government of India; Who is not considered an undesirable person and is not the subject of a negative list or any warning circular or other restrictive list; and Who is a person of assured financial standing (the production of a return ticket and availability of sufficient money to spend during his stay in India may be considered sufficient for this purpose).Duration: duration of the conference and the travelling time.The delegates coming to attend conference etc. in India can combine tourism with attending the conference.Missions can, at their discretion, grant visas for the required period. Such visa shall not exceed maximum validity of Tourist Visa, i.e. 6 months
  25. 25.  For execution of projects in power and steel sectorsConditions:- A specific endorsement would be made on the Visa sticker indicating the name of the project for which visa is issued and location of the project. In no circumstances would the person be allowed to be engaged in another project either of the same company or of a different company. The period of visa would be determined by the Indian Missions/Posts based on the duration of project The employment/working of the foreign personnel would be restricted to the location of the project. The Project Visa would be issued only for skilled/highly skilled persons. A person coming on Project Visa will not be allowed to take up employment in the same Indian company for a period of two years from the date of commissioning of the project.
  26. 26. A transit visa is granted for the sole purpose of enabling the holder to travel through India to reach his/her ultimate destination. The visa will ordinarily be valid for a single/double journey and for entry within 15 days of date of issue. The Transit visa is valid for direct transit only for a maximum period of 3 days.
  27. 27.  The new PIO Card Scheme, 2002, is in operation since 15th September, 2002 All persons of Indian origin who are in possession of the passport of any other country except Pakistan, Bangladesh, Afghanistan, Nepal, Bhutan, China, Sri Lanka or any other country specified by the government, are eligible for PIO Card if: a) He/She had any time held an Indian passport. b) He/She or either of his/her parents or grand parents or great grand parents was born in India or permanent resident in India provided neither was at any time a citizen of any other specific country. c) He/She is a spouse of a citizen of India or a person of Indian origin covered under 1 & 2 above. d) Iranian nationals of Indian Origin can be granted PIO card after MHA approval.
  28. 28.  Application for PIO Card are to be made in the prescribed format (Available with FRRO office or downloaded ) Documentary evidence of being person of Indian origin to be produced. An application for issue of a PIO Card can be made at Indian Mission in the country where the applicant is ordinarily resident. In case applicant is already in India on Long Term Visa (more than one year), then application for PIO can be made for issue of a PIO Card to the following authorities:
  29. 29.  PIO card holder shall not require a separate VISA to visit India. The card is valid for 15 years. PIO card holder will be exempt from the requirement of registration if his stay on any single visit in India does not exceed 180 days. In the event of continuous stay in India of the PIO card holder exceeding 180 days, he/she shall have to get himself/herself registered within 30 days of the expiry of 180 days with the concerned Foreigners Regional Registration Officer/Foreigners Registration Officer. For minor no registration is required on any type of visa. The PIO card holder doesn’t require a student VISA for undertaking studies in India and similarly no Employment VISA will be required for taking up employment in India. The PIO card holder shall enjoy parity with NRIs in respect of facility available to the latter in the economic, financial and education fields except in matters relating to acquisition of agriculture plantation/properties. However, no parity shall be allowed in the sphere of political rights.
  30. 30.  Foreigners of Indian origin (except Pakistan and Bangladesh) whose present nationality is such that their country of nationality allows dual citizenship in some form or other, are eligible to apply under OCI scheme, if he/she possesses evidence of self or parents or grand parents: Being eligible to become a citizen of India at the time of commencement of Indian Constitution i.e. 26.01.1950. OR Belonging to a territory that became a part of India after 15.01.1947. OR Being a citizen of India on or after 26.01.1950.
  31. 31.  Applicationfor OCI Card is available online on the Ministry of Home Affairs website i.e. . which can be submitted to: • (A) Indian Mission in the country where the applicant is ordinarily resident, when such foreigner is resident outside India. • (B) OCI Cell, Citizenship section, the Ministry of Home Affairs, Jaisalmer House, 26 Man Singh Road, New Delhi when the foreigner is residing/ visiting India. • (C) Foreigners, residing in the following cities, can also submit their application to concerned FRROs:
  32. 32.  Grant of multiple entry, multi purpose life long VISA to visit India. Exemption from registration with FRRO/FRO for any length of time. Parity with NRIs in economic, financial and educational fields except in maters relating to acquisition of agricultural/plantation properties.
  33. 33.  By Birth (Section 3 of Citizenship Act, 1955) • A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents. • A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth. • A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India By Descent • A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. • A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. • A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth By Registration (Sec.5(1) By Registration (Section 5(4)):special circumstances Form-IV. By Naturalisation (Section 6): resident in India for 12 years Form-XII
  34. 34.  Ministry of Home Affairs, Govt. Of India. Minister of External Affairs, Govt Of India