© LawQuest 2014. All Rights are Reserved.

Trends in Indian Immigration

by Poorvi Chothani, Esq.

LawQuestwww.lawquestinternational.com

November 12, 2014

© LawQuest 2014. All Rights are Reserved.

Background

• Immigration laws created to define who is an Indian and

who is not

• Ad hoc regulations seem to be “a work in progress”

• Ad hoc implementation

• Inconsistent interpretation and enforcement

© LawQuest 2014. All Rights are Reserved.

Business Visas

Granted to foreign nationals of assured financial standing coming for:

• Business or industrial ventures;

• Purchase or sale of industrial products, commercial products or

commercial durables;

• Technical meetings and discussions, attending Board meetings, general

meetings for providing business support;

• Partners in Business or Directors of companies;

• Recruitment of manpower;

• Exhibitions, trade fairs, business fairs;

• Transactions relating to goods and services;

• Experts visiting for projects of national importance.

© LawQuest 2014. All Rights are Reserved.

Work Visa Options

Employment visas

• Internship visas

• NGO visas

© LawQuest 2014. All Rights are Reserved.

Employment Visas

• Highly skilled

• No suitable Indian available for the Job

• Minimum salary of US$ 25,000

• Inclusions to compute minimum salary

• Foreign national must be included in the Employee

Provident Fund Scheme if the organization is subject to it

• Posting at third party site

© LawQuest 2014. All Rights are Reserved.

Internship Visas

1. Some consular posts grant Entry visas with validity upto 3 to 6 months to

conduct unpaid Internships

2. AIESEC - Association internationale des étudiants en sciences

économiques et commerciales*(English: International Association of Students in Economic and Commercial

Sciences)

*AIESEC is an international non-governmental not for profit organization that provides

young people with cross-cultural global internship and volunteer opportunities and

leadership development experiences on campus. With a focus to empower young people

so they can make a positive impact on society.

Internship visas under AIESEC are issued for a maximum of one year

© LawQuest 2014. All Rights are Reserved.

NGO Visas

Foreign National employed by a Non Government

Organization

• Multiple entry employment Visa

• Honorarium up to a ceiling of INR 10,000

• Special Endorsement - “TO WORK WITH NGO –”

• Not entitled for change of employment

• Maximum of 5 years continuous stay allowed at a time

© LawQuest 2014. All Rights are Reserved.

Key Dos and Don’ts

• Clarity in documents

• Strict compliance with TDS (withholding tax)

• Need to obtain PAN card

• Strict compliance with EPF contributions

• Extensions to be prepared well in advance

• Timing to be well calibrated

• Dealing with transfers and change of

address, extended absences

© LawQuest 2014. All Rights are Reserved.

Recent Trends• Enhanced enforcement

• Electronic data sharing

• Quarterly statements to the FRRO about EPF

compliance

• Inconsistency among Indian Embassies and

Consulates

• Inconsistency among FRROs and FROs

• Representatives not allowed to accompany

applicants

© LawQuest 2014. All Rights are Reserved.

Thank You!

Queries should be addressed to poorvi@lawquestinternational.com