Reverse Migration the New Trend in India by Poorvi Chothani
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Transcript of Reverse Migration the New Trend in India by Poorvi Chothani
© 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 [email protected]