Consistent with global trends in immigration, in 2009, India made significant changes to their immigration policies and procedures to enforce immigration laws and provide increased protection of the Indian labor market. Historically, Indian authorities did not provide clear policy guidance on immigration regulations or processing of visas for tourism, business, and employment. The government made significant progress last year by issuing detailed guidance. However, some of the interpretive guidance has resulted in increased burdens for visa applicants.
New Resident Requirements
In October 2009, the Ministry of Home Affairs (MHA) released Frequently Asked Questions (FAQs) providing guidance regarding the processing of business and employment visas. The FAQs clarified that visas must be issued in the applicant’s country of origin/citizenship or in the country of domicile, provided the applicant has been a permanent resident in the country of domicile for more than two years. One Indian Consular Officer indicated that the residence requirement pertaining to adjudication of business and employment visas has caused “complications” due to the large volume of third country nationals residing lawfully in the United States who cannot meet the residence criteria and who are now required to return to their country of citizenship for visa issuance. A limited exception is available for third country nationals in the United States applying for Indian business or employment visas, provided the applicant holds a U.S. visa with a validity of three (3) years and the applicant has resided in the United States for two (2) years.
New Quota System for Indian Employment Visas
In December 2009, the Indian government announced a new quota system that, once implemented, would significantly reduce the number of foreign workers in India. The new quota system would require Indian employers sponsoring foreign nationals on “E” employment visas to certify that the total number of foreign nationals in their employment does not exceed one percent (1%) of their total workforce, or that the company employs a maximum of twenty (20) foreign nationals, whichever is less. Applications for extensions of employment visas filed in India will not be subject to the quota system.
The Indian authorities are still refining this quota system, and large companies and certain industries may be allocated higher quotas. We anticipate guidelines will be published shortly.
New Restrictions on Multiple-Entry Tourist Visas
In December 2009, the MHA published a new policy for tourist visas providing guidance regarding appropriate tourist activities. The policy was aimed at ensuring compliance and controlling “abuse or misuse” of the tourist visa category. Tourist visas will only be granted to foreign nationals who do not have a residence or occupation in India and whose sole objective is to visit India for sight-seeing, recreation, or visiting family or friends. Foreign nationals in India on a tourist visa may not extend or change status to another visa category while remaining in India.
Under the new policy, tourist visa holders are not allowed to revisit the country within two months of departure if their prior visit was more than ninety (90) days in duration or if they have been in the country for more than 180 days cumulatively in the last year. If a foreign national wishes to visit India within the restricted two (2) month period, the foreign national will be required to obtain special permission from an Indian Consulate. If the Indian Consulate grants special permission, the foreign national will be required to register with the Foreign Regional Registration Office within fourteen (14) days of arrival.
Introduction of “Tourist Visa-on-Arrival”
On January 1, 2010, the MHA announced a temporary one-year program to allow citizens of five countries – Finland, Japan, Luxembourg, New Zealand, and Singapore – to apply for a tourist visas upon arrival at airports in Delhi, Mumbai, Chennai, and Kolkata. These single-entry visas have a maximum validity period of thirty (30) days.
Summary
Recent Indian immigration reforms and visa issuance policies have met with mixed reviews. Gibney will continue to monitor and report on regulatory and policy developments, as we anticipate ongoing changes as new immigration policies and procedures are implemented in India and at consular posts around the world. If you have any questions regarding this alert, please contact your designated Gibney representative, or email immigrationalerts@gibney.com.
This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.