Foreigners Registration Office, FRO, Goa: Procedures for foreigners’ registration and extension of Visas

Goa attracts thousands of tourists every year who come here to for beautiful beaches, happening nightlife, beach parties and good sea food. Many foreigners visit Goa on business also as the place offers good opportunities for tourism related business.

The foreigners who require registration, extension or miscellaneous services as per their visa types and stipulations should approach Foreigners Registration office (FRO) Goa located at Panaji (also called Panjim). The FRO Goa exercises jurisdiction over the entire state of Goa. The FRO Goa is situated on the ground floor of the Goa Police Head Quarters Building, Opp. Azad Maidan at Panaji Goa. The FRO at Goa is not a full FRRO so it reports to the State Home Department located at Porvorim, Goa.

(For more information about difference between FRRO and FRO, please visit: http://indianimmigration-law.blogspot.com/2010/01/foreigner-registration-office-fro.html)

Extension of Business and Employment Visas at FRO Goa:

If you wish to apply for an extension of business or employment visa at FRO Goa, please submit your application at least 90 days before the expiry of your visa. The FRO Goa will not accept your extension application if you apply late and you will be required to apply at the Goa State Home Department at Porvorim, Goa.

Otherwise, for extension of Business or Employment visas, you may apply directly at the Ministry of Home Affairs (MHA) at New Delhi. If your extension application is accepted at MHA, they will give you a three months temporary extension and ask for local report from FRO Goa. On receipt of satisfactory report from FRO Goa, the MHA can provide the balance nine months (or less if requested). After approval of extension, your residential permit will be stamped by the FRO Goa while the visa stamp in the passport will be stamped by the Goa State Home Department at Porvorim.

For extensions, the fee (exact amount dependent on type and duration of extension) in cash has to be deposited at the State Home Department at Porvorim. The Goa State home department is located at the new Secretariat building at Porvorim. You can find it on right side, soon after crossing the river bridge over the river Mandovi, on the highway from Panjim to Mapusa.

Tourist visas to India can not be extended beyond 180 days except in emergent situations.

For registrations at Goa FRO, a fee of Rs. 100 per applicant is charged which you can pay in cash at FRO.

Address and timings of Foreigners Registration Office (FRO) at Goa:

Goa Police Head Quarters Building, Ground floor

Opp. Azad Maidan

Panaji Goa

Timings: 9:30 to 13:00 and 14:00 to 17:30, Monday to Friday.

After submission of all documents and payment of fees for registration at the Goa FRO, it takes about one week for the issuance of Registration certificate and Residential Permit to the foreign national applicant.

You may take an appointment with Ms. Rina Tarcato, Deputy SP, FRO if you have any questions or concerns about your visa.

Address and timings at Goa State Home Department:

Under Secretary (Home)

Goa State Home Department,

Foreigners Division

Secretariat, Porvorim, Goa

Timings: 10:00 to 13:00 and 14:00 to 17:00, Monday to Friday.

Foreigner Registration Office (FRO) Bangalore elevated to full FRRO (Foreigners Regional Registration Office) status

Foreigner Registration Office (FRO) Bangalore has been elevated to FRRO (Foreigners Regional Registration Office) status with effect from 11 January, 2010. In view of increased number of foreign workers and business persons traveling to Bangalore every year, the government of India elevated the status of the Bangalore FRO to full FRRO.

In India, the FROs are the smaller offices within the district Police offices to provide services to foreigners within their jurisdiction. They deal with the Ministry of Home Affairs (MHA) at New Delhi through the State Home departments located in the capitals of various states.

The FRROs are bigger offices working mostly in the metropolitan areas and report directly to the Ministry of Home Affairs without the intervention of the State Home departments. The FRROs in India are located at New Delhi, Mumbai, Chennai, Kolkata Amritsar and now at Bangalore.

In practical terms, it will not make much difference for the foreigners applying for the services like registration, extensions and other miscellaneous services at the Bangalore FRRO. The new timings for filing the applications are from 9:30 to 13:00. Under the old timings, the applications could be filed from 10:30 till 17:00 in the evening. So the applicants can expect longer queues at the window. However, the FRRO is expected to be shifted to a new bigger facility (probably at Indira Nagar in Bangalore) and get additional staff from the month of March and that should greatly reduce the waiting times for the applicants to submit their applications.

Regarding the procedural part, the FRRO will deal directly with the MHA at New Delhi. This will provide for faster turn around times for the applications which require approval from MHA. For example, earlier, an application for the first extension of an employment or Business Visa, filed at FRO Bangalore was sent to State Registration office at Police headquarters and from there it was forwarded to the State Home Department (located at Vidhan Soudha, Bangalore) which forwarded it to the MHA at New Delhi. Now, the FRRO Bangalore will directly send all such applications to the MHA and act directly after receiving appropriate instructions from the MHA, New Delhi.

In the long run, it is expected that FRRO Bangalore will streamline the procedures and provide better services and faster turnaround times for the foreigners applying for various services at the FRRO Bangalore.

Ensure correct name of employer and actual work location on Indian work visa before traveling: Foreign Nationals on Indian Employment Visas

The foreign nationals traveling to India on Employment visas (E visas) should ensure that their visas have been annotated with the correct name of employer and location (city in India). There have been many cases where the Indian Employment visa in annotated with the location of company’s registered address in India and not the actual work location. A company in India is required to have one registered office anywhere in India but can have numerous other offices in various cities across India. A foreigner in India on E visa is required to get registered within fourteen days of arrival with the local FRO (Foreigner Registration Office) of the city where he/she intends to work in India. The local FRO will not register the foreigner unless the location (city or District) of the employment as annotated on the E visa comes under the jurisdiction of that FRO. Thus where the correct location of the employment is not annotated on the E visa, the foreign national will not be able to register himself in India, unless he gets a letter from the visa issuing Indian consulate stating the correct work location in India. The process of obtaining this letter can lead to delays in registration and thereby frustration for the foreign national unable to go about his daily life in India without the registration certificate and residential permit.

In some instances, the E visas are inadvertently stamped with name of the employer only and the location in India is not mentioned at all. In these cases also, a letter from the visa issuing Indian consulate stating the correct work location in India will be needed before registration in India.

Two months rule for Indian Tourist Visas is not applicable to non-tourist visa holders

The government of India instructions about “two months rule” regarding foreigners traveling to India on Tourist visas state that this rule is not applicable to the holders of other classes of visa. So the holders of Business visas, Employment Visas, Entry(X) Visas, Student visas, Medical Visas, PIO/OCI card holders and other categories of non-tourist visas are not subject to the “two months rule”. Thus the foreigners coming to seek medical treatment in India should come on medical visas and not on tourist visas. This will help them to make frequent short trips to India for various consultations and medical procedures. There have been many instances of foreigners who are engaged in volunteer work in India on Tourist visas. They should apply for X visa which is the appropriate visa for doing volunteer work in India. The volunteers present in India on X visa can also make frequent trips outside India in relation to their work as they are not subject to “two months rule” applicable to tourist visa holders.

For official notification regarding details of “two months rule”, please see: http://indianimmigration-law.blogspot.com/2010/01/government-of-india-issued.html

Indian Visa issuance at Thailand: Important changes

Many foreign nationals have been traveling to Thailand for issuance or renewal of their Indian visas. There have been some changes in the past few weeks which affect the issuance/renewal of Indian Visas from Indian Embassy at Thailand. The prospective applicants should call the Indian Embassy or VFS centre, before making their final travel plans, to confirm their eligibility for the visas sought.

As of today, here are the major procedural changes:

1. All Non Thai nationals who do not have a work permit/ residence permit in Thailand for at least the last two years are not eligible to apply for a Business Visa( BV) or an Employment Visa( EV) at Indian Embassy at Bangkok. They must apply for BV or EV at their country of origin.

2. All non Thai nationals can still apply for Tourist Visa( TV) or Entry Visa( XV) at Indian Embassy at Bangkok. They are not required to have two year work permit/ resident permit in Thailand. A personal interview with a consular officer is required for issuance of X visa.

3. The Government of India recent notification regarding tourist visa states “If a foreign national applies for Tourist Visa frequently i.e within one month of expiry of the previous Tourist Visa, the Indian Missions/Posts abroad would refer such cases to MHA (Foreigners Division) for clearance before grant of fresh Tourist visa”. So the applicants applying within one month of expiry of tourist visa should take a note of this restriction.

Temporary landing facility( TLF) in emergent situations

There have been instances of foreign nationals turning up at the Indian ports of entry without the valid visas or travel documents. Mostly, they are the people of Indian origin with expired residential permits, or foreign born (and foreign passport holders) children of Indian parents. In certain emergent situations like death in family or illness, they can be granted Temporary landing facility( TLF) for 15 days at the Airport. Any further extension of stay in such cases are granted on a case to case basis by the Ministry of Home Affairs, Foreigners Division, Jaisalmer House, 26, Man Singh Road, New Delhi. In the absence of emergent situations, the foreigner without the visa or proper travel documents, will not be granted TLF and will be asked to exit India. In this regard, please note that the eligible nationals of Finland, Japan, Luxemburg, New Zealand or Singapore can get visa on arrival for 30 days.

For Visa on arrival, please refer to: http://indianimmigration-law.blogspot.com/2010/01/tourist-visa-on-arrival.html

The spouses and Children of the Indian nationals, and persons of Indian origin: Obtain X ( Entry) visa for India

The spouses and Children of the Indian nationals, and persons of Indian origin should preferably enter India on X ( Entry) visa. In many instances, they enter India on a Tourist(T) Visa which is not a long term visa to stay in India. A tourist visa can not be extended except for emergencies. However, an X visa can be extended and the foreign national can stay for a long term in India after obtaining a residential permit form the FRO/FRRO. For the categories of foreign nationals mentioned above, a T visa can be converted to X visa by Ministry of Home Affairs at New Delhi. However, the process can be long and cumbersome. Presently, the Ministry of Home Affairs at New Delhi is not allowing conversion from T to X visa except for very limited circumstances.

It’s always better that the spouses and Children of the Indian nationals, and persons of Indian origin should obtain a PIO/OCI card as per their eligibility. Otherwise, they should seek X visas to enter India and not a T visa unless they want to visit India for a short pleasure trip.

Quota for foreign workers in India: Employment visa Quota

Employment Visa Quota:
Here is the official word.

NEW NORMS OF GRANTING EMPLOYMENT VISAS

RAJYA SABHA

In the present liberalized economic environment, Indian companies/organizations are awarding work for execution of projects/contracts to foreign companies, including Chinese. This has resulted in inflow of foreign nationals, including Chinese, for execution of projects/contracts in several sectors e.g. steel, power etc. It has come to the notice of the Government that a large number of foreign nationals, including Chinese were coming for execution of projects/contracts in India on Business Visas instead of the Employment Visas.

The matter has, therefore, been reviewed by the Government and it has been decided that henceforth Business Visa will be issued only to bonafide foreign businessmen who want to visit India to establish an industrial/business venture or to explore possibilities to set up industrial/business venture in India or who want to purchase/sell industrial or commercial products or consumer durables etc. according to provisions of Visa manual.

It has also been decided that all foreign nationals coming for execution of projects/contracts in India will have to come only on Employment Visa and that such Visa will be granted only to skilled and qualified professional appointed at senior level, skilled position such as technical expert, senior executive or in a managerial position etc. and will not be granted for jobs for which a large number of qualified Indians are available. Suitable instructions/guidelines have been issued to the Indian Missions abroad to effectively regulate Employment and Business Visa regimes and ensure that these are issued strictly as per prescribed norms.

As per the guidelines issued by Government, employment visa for foreign personnel coming to India for execution of projects/ contracts may be granted by Indian Missions to highly skilled and professionals to the extent of 1% of the total persons employed on the project subject to a maximum of 20. However, this has been raised to 1% or maximum of 40 for power and steel sector projects till June 2010. In case more foreign nationals are required for any project than clearance of Ministry of Labour & Employment is required.

This information was given by the Minister of State for Labour and Employment Shri Harish Rawat in a written reply in the Rajya Sabha today.

Some Business visa holders may have to obtain exit permits

As per Government of India, Ministry of Home Affairs( MHA) recent guidelines for the business visa holder, the foreign nationals who were already in the country on Business visas and engaged in executing project/contract were required to leave the country by 31^st October, 2009. There have been few business visa holders who were covered by the above mentioned provision and did not leave India before 31^st October, 2009. Now there have been reports that some ports of entry are not allowing these business visa holders to exit India without obtaining an exit permit form the FROs. So these business visa holders should ensure that they have an exit permit from the concerned FRO, otherwise they may be turned away from the POEs and asked to secure an exit permit before leaving India.

Tourist Visa on Arrival: Official details

Tourist Visa on Arrival: Official text.

Tourist Visa On Arrival

The foreign national of following five countries viz. Finland, Japan, Luxemburg, New Zealand and Singapore can get a Tourist Visa on arrival with a maximum validity of 30 days with single entry facility (w.e.f 01.01.2010) by the Immigration officer at Delhi, Mumbai, Chennai and Kolkata Airports and NOT in any other Immigration Check Posts(ICPs).

Eligibility:

A Tourist Visa-on-Arrival shall be granted to a foreigner who is a national of Finland, Japan, Luxemburg, New Zealand or Singapore and :

i. whose sole objective of visiting India is recreation, sight seeing casual visit to meet friends or relatives etc and no other purpose/ activity;

ii. who does not have a residence or occupation in India;

iii who holds a passport with minimum six months validity, and a re-entry .permit if that is required under the law of the country of nationality of the applicant;

iv. 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).

v.who is not a person-non-grata to the Government of India;

vi. who is not considered an undesirable person and is not the subject of a black list or any warning circular or other restrictive list;

Note: i. A citizen from the above-named countries who wants to come to India for a longer duration should be granted a visa of the appropriate category by the Indian Mission/Post concerned.

ii. this facility shall not be available to the citizens of above-named countries if the person or either of his/ her parents or grand parents (paternal or maternal) was born in , and was permanently resident in Pakistan. Such persons can visit India after obtaining appropriate visa from the Indian Mission/ Post concerned.

Validity:

A Tourist Visa-on-Arrival will be valid for entry and stay into India within the period of its validity subject to conditions specified. The Immigration officer may grant single entry Tourist Visa-on-Arrival up to 30 days to nationals of

Finland, Japan, Luxemburg, New Zealand or Singapore

Conditions for Tourist Visa-on-Arrival

Tourist Visa-on-Arrival shall be non-extendable and non-convertible. At the time of issue of Tourist Visa-on-Arrival, the Immigration officer must make it clear to the foreigner that a Tourist Visa-on-Arrival can neither be extended nor converted to any other kind visa during his/her stay in India except in the following circumstances and with the prior approval of the Ministry of Home Affairs:

a) Tourist Visa-on-Arrival may be converted to 'X' (Entry) Visa if a foreigner who has coe to India on Tourist Visa-on-Arrival marries an Indian national during the validity of his/her Tourist Visa-on-Arrival. Such conversion would be considered subject to fulfilment of following conditions:

• (i) submission of a copy of a registered Marriage Certificate, and

• (ii) report from the concerned FRO/FRRO about their marital status which will, inter-alia, include his/her antecedents, confirmation about their living together and security clearance.

b) Tourist Visa-on-Arrival of the foreigners who fall ill after their entry into India rendering them unfit to travel and require specialized medical treatment may be converted to Medical visa if they are eligible for grant of Medical Visa and medical certificate is obtained from the government / government recognized hospitals. In such a case, Tourist Visa-on-Arrival of the attendant accompanying the foreigner( whose Tourist Visa-on-Arrival is converted to Medical Visa) may also be converted into Medical Attendant[Med-X] visa co-terminus with the Medical visa of the Foreigner.

Fee for Tourist Visa-on-Arrival

A fee of US $60/- or an equivalent amount in Indian rupees per passenger( including children) will be charged from each foreigner for the grant of Tourist Visa-on-Arrival.

Repeat Visit:

Tourist Visa-on-Arrival shall be allowed for a maximum of two times in a calendar year to a foreigner with a minimum gap of two months between each visit.

The Tourist Visa-on-Arrival facility shall not be applicable to holders of Diplomatic/ Official passports.

"Two months rule" for Tourists: Government of India issues details.

Government of India has issued details regarding the "two months rule" for tourist visas. Here is the official text:

FREQUENTLY ASKED QUESTIONS RELATING TO TOURIST VISA

As per the extant instructions of the Government of India, a Tourist Visa can only be granted to a foreigner who does not have a residence or occupation in India and whose sole objective of visiting India is recreation, sight seeing, casual visit to meet friends and relatives etc. No other activity is permissible on a Tourist Visa. The Tourist Visa is non-extendable and non-convertible.

2. It has come to the notice of the Government that there has been abuse/misuse of the Tourist Visa. With a view to curb the abuse/misuse of the Tourist Visa, instructions have been issued by the Government imposing the following restrictions:-

(a) In respect of foreign nationals holding Tourist Visas with multiple entry facility, there should be a gap of at least 2 months between two visits to the country on such a Tourist Visa.

(b) If any foreign national is required to visit the country again within a period of 2 months of his last departure, such foreign national should obtain special permission from the Mission/Post concerned. The Mission/Post may consider such requests on merits of each case.

(c) In all such cases, the foreign national should register himself with the FRRO/FRO concerned within 14 days of arrival. An endorsement to this effect will be made on the visa sticker.

(d) If a foreign national applies for Tourist Visa frequently i.e within one month of expiry of the previous Tourist Visa, the Indian Missions/Posts abroad would refer such cases to MHA (Foreigners Division) for clearance before grant of fresh Tourist visa.

3. Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:-

Q.1: Whether the gap of two months between two visits would apply to all Tourist Visa holders ?

Ans. : The gap of two months between two visits would apply to all Tourist Visa holders.

Q.2 : Whether the gap of two months between two visits would apply irrespective of the duration of stay in India during the previous visit ?

Ans.: The intention behind the stipulation of a gap of two months between two visits on a Tourist Visa is to curb the abuse/misuse of the Tourist Visa. With a view to ensure that the genuine tourists are not affected by the recent guidelines, the following clarifications are furnished:

(I) Foreigners holding Tourist Visas, who after initial entry into India plan to visit another country largely on account of neighbourhood tourism related travel and re-enter India before finally exiting, may be permitted two or three entries, as the case may be (need based), by the Indian Missions/Posts subject to their submission of a detailed itinerary and supporting documentation (ticket bookings). If they are already outside of their country of origin, they can also get such an endorsement from the nearest Indian Mission/Post.

(II) The Immigration authorities in all the Immigration Check Posts may also allow such foreign nationals on Tourist Visas arriving in India without the specific authorization from the Indian Missions/Posts to make two or three entries into the country (need based) subject to production of an itinerary and supporting documentation (ticket bookings).

(III) The total period of stay in the country counted from the date of first entry into the country shall not exceed the stay stipulation period of 180 days or 90 days, as the case may be.

(IV) Once such a foreign national finally exits the country after availing the facility of two or three entries (within the stay stipulation period of 180 days or 90 days as the case may be), there should be a gap of at least 2 months before he/she can come again to the country.

(V) If any foreign national falling in the category as mentioned in sub-para (IV) above is required to visit India again within a period of 2 months after his/her last departure, such foreign national should obtain special permission from the Mission/Post. Such re-entry within the stipulated gap of two months may be permitted only in emergent situations like death/serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the Mission/ Post granting the permission. The Mission/Post will have to examine each case on merits before grant of requisite permission subject to the following conditions:-

(a) The applicant should furnish an undertaking on the following lines:-

(i) That the purpose of his/her visit is because of emergency situation.

(ii) That he is not engaged in Business activities, nor in Employment or pursuing studies/research etc.

(b) In all such cases i.e. those covered by sub-para V above, the foreign national should register himself with the FRRO/FRO concerned within 14 days of arrival. This registration may be

done with the FRRO/FRO concerned preferably at the first place of entry. An endorsement to this effect will be made on the visa sticker.

(VI) If a foreign national applies for Tourist Visa frequently i.e. within one month of expiry of the previous Tourist Visa, the Indian Missions/Posts abroad should scrutinise the application thoroughly and refer such cases to MHA (Foreigners Division) for clearance before grant of fresh Tourist visa.

Q.3: Whether the permission for the second visit within the period of 2 months in respect of foreign nationals falling in the category mentioned in sub para (V) in reply to Question (2) can be granted by the Posts?

Ans.: Yes.

Q.4: Whether the Mission/Post in any country can grant permission for the second visit within the period of 2 months in respect of foreign nationals falling in the category mentioned in sub para (V) in reply to Question (2) or whether this can be granted only by the Mission/Post in the country of origin of the applicant.

Ans.: The requisite permission can be granted by the Mission/Post in any country on merits of each case and subject to the conditions mentioned in sub-para (V) in reply to Question (2) above. Intimation about the grant of permission may be furnished to the Ministry of Home Affairs (Foreigners Division) and to the Mission/Post from where the original Visa was issued.

Q.5: Whether the requirement of reference to the Ministry of Home Affairs in respect of those foreign nationals who apply for Tourist Visa within one month of expiry of the previous Tourist Visa would apply in respect of nationals of all countries?

Ans.: Yes.

Q.6: Are there any standard guidelines for the Indian Missions/Posts to decide the requests for re-entry within the stipulated gap of two months?

Ans.: The re-entry within the stipulated gap of two months, as mentioned in sub para (V) in reply to Question (2), may be permitted only in emergent situations like death/serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country or any other exigent situation which can be duly justified with proper documentation to the satisfaction of the Mission/Post granting the permission. The Mission/Post will have to examine each case on merits before grant of requisite permission.

Q.7: In cases mentioned in sub para (V) in reply to Question 2, where will the foreigner register himself?

Ans.: The registration should be done with the FRRO/FRO concerned preferably at the first place of visit on re-entry.

Q.8: If a tourist’s passport is not stamped to indicate no re-entry within two months, can the tourist assume that he will be allowed to re-enter India within two months?

Ans.: No. Even if the tourist’s passport is not stamped, the restrictions as laid down will be applicable.

Q.9 Whether the restriction of two months gap for re-entering India is applicable to PIO/OCI card holders and foreigners holding business, employment, student and other categories of visa?

Ans.: No. The two months gap is applicable only to Tourist Visa holders.

Q.10 Whether any fee is required to be charged for making the requisite endorsement on the Passport.

Ans.: Miscellaneous Consular Service fee may be charged for making an endorsement.

Q.11 : How will medical tourists who return regularly to India for onward treatment be handled?

Ans.: For persons coming for medical treatment, there is a separate category of Medical Visa. Foreign nationals coming for medical treatment will have to come only on Medical Visa and not on Tourist Visa.

Q.12: How will the family members of diplomatic households who do not qualify for diplomatic visas (e.g. older children or domestic partners) be handled?

Ans.: The family members of diplomatic households who do not qualify for diplomatic visas may have to come on an ‘Entry(X)’ Visa if eligible. If they come on Tourist Visa, the restrictions as laid down will be applicable.

Q.13: How will individuals who come to India to volunteer for various charity organizations be treated? Many of them travel around the region while volunteering in India for extended periods on tourist visas.

Ans.: Tourist Visa is not the appropriate visa in such cases. A person coming for voluntary work can apply for ‘Entry (X)’ Visa.

****

Airlines asked not to check-in Indian passengers traveling to China on Stapled Visas

DGCA circular to Airlines:

Official Text:

CIRCULAR

Ministry of Civil Aviation vide their letter No.AV.12012/5/2001-A(Vol.III) dated 29th December, 2009 has informed that Indian citizens travelling to Hongkong and China are being issued visa by concerned authorities on separate piece of paper stapled to the passport. Such stapled paper visas are not valid for travel out of India. The Ministry of Civil Aviation has directed that such passengers holding stapled paper visa shall not be checked-in for travel out of India. All airlines checking-in passengers out of Indian airports to China and Hongkong, are to ensure that they do not check-in any passenger who has stapled Chinese visa on his/her passport.

2. The responsibility of the checking-in such passengers who are travelling to any Chinese city on a stapled paper visas either directly or via Hongkong rests solely with airlines concerned and they shall ensure that they do not check-in any passenger who has stapled Chinese visa on his/her passport.

3. This is for strict compliance of all airlines.

---------------0-------------

MHA( Ministry of Home Affairs) notification on Business and Employment Visas to India.

Here is the official text of the notification issued by MHA in the faq format.

FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA

Introduction

In recent weeks, several queries have been raised about the type of Visas issued by India to foreigners for work related visits. It is clarified that basically there are two (2) types of work related Visas, namely:-

1. Business Visa designated as ‘B’ Visa

2. Employment Visa designated as ‘E’ Visa

Frequently asked questions with regard to the above issues and replies thereto are outlined below for information, guidance and compliance of all concerned:-

Q1. What is a Business Visa?

Ans. Business Visa is granted to a foreign national who wants to visit India to establish an industrial/business venture or to explore possibilities to set up industrial/business venture, or wants to purchase/sell industrial products in India. This Visa is granted subject to following conditions:-

(i) The applicant is a person of assured financial standing and expertise in the field of the intended business.

(ii) The applicant is not visiting India for the business of money lending or petty trading, or for a full time employment in India involving payment of salary in India etc.

(iii) The facility of Business Visa will also be extended to senior executives of firms, experts, tour conductors and travel agents, etc., visiting India in connection with work related to projects of national importance, including those undertaken by public sector undertakings, and conducting business tours of foreigners or business relating to it, etc.

(iv) A foreign national will have to comply with all other requirements like payment of tax liabilities etc.

(v) The grant of Business Visa is subject to any instructions issued by the Government of India on the basis of reciprocity with other foreign countries from time to time.

(vi) The Business Visa must be issued from the country of origin, or from the country of domicile of the foreigner provided the period of permanent residence of that applicant in that particular country is for more than 2 years.

Q.2. Who are eligible for a Business Visa?

Ans.

(i) Foreign nationals who want to visit India to establish industrial/business venture or to explore possibilities to set up industrial/business venture in India.

(ii) Foreign nationals coming to India to purchase/sell industrial products or commercial products or consumer durables.

(iii) Foreign nationals coming to India for technical meetings/discussions, attending Board meetings, general meetings for providing business services support.

(iv) Foreign nationals coming to India for recruitment of manpower.

(v) Foreign nationals who are partners in the Business and/or functioning as Directors in the company.

(vi) Foreign nationals coming to India for consultations regarding exhibitions, for participation in exhibitions, trade fairs, business fairs, etc.

(vii) 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.

(viii) 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.

(ix) Foreign nationals coming to India for pre-sales or post-sales activity not amounting to actual execution of any contract or project.

(x) Foreign Trainees of multinational companies/corporate houses coming for in-house training in the regional hubs of the concerned company located in India.

(xi) Foreign students sponsored by AIESEC for internship on project based work in companies/industries.

Q.3. What is the duration of a Business Visa?

Ans. A Business Visa with multiple entry facilities is granted for a period upto 5 years or for a shorter duration as per the requirement. A stay stipulation may be prescribed for each visit by the concerned Indian Mission.

Q.4. What documents are required to be submitted alongwith application for a Business Visa?

Ans. (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

(ii) Proof of financial standing and expertise in the field of intended business.

Q.5. What is an Employment Visa?

Ans. Employment Visa is granted to foreigners desiring to come to India for purpose of employment, subject to following conditions:-

(i) The applicant is a skilled and qualified professional or person who is being engaged or appointed by a company, organization, industry, or undertaking, etc. in India on contract or employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position, etc.

(ii) Employment Visa is not granted for jobs for which large numbers of qualified Indians are available.

(iii) Employment Visa is not granted for routine, ordinary or secretarial/clerical jobs.

(iv) The Employment Visa must be issued from the country of origin, or from the country of domicile of the foreigner provided the period of permanent residence of that applicant in that particular country is for more than 2 years.

(v) The Indian company/organization engaging foreign nationals for executing projects/contracts would be responsible for the conduct of the foreign national during their stay in India and also for the departure of such foreign national upon expiry of Visa.

(vi) A foreign national will have to comply with all other requirements like payment of tax liabilities, etc.

Q. 6. Who are eligible for Employment Visa?

Ans. Subject to the conditions enumerated in Question B5 above, the following will be eligible for Employment Visa:-

(i) Foreign nationals coming to India for execution of a project/contract [irrespective of the duration of the visit].

(ii) Foreign nationals who are coming to India on short visits to customer location to repair any plant or machinery as part of warranty or annual maintenance contracts.

(iii) Foreign engineers/technicians coming to India for installation and commissioning of equipments/machines/tools in terms of the contract for supply of such equipment/machine/tools.

(iv) Foreign experts coming to India for imparting training for the personnel of the Indian company.

(v) Foreign personnel deputed for providing technical support/services, transfer of know-how, services supplies for which the Indian company pays fees/royalty to the foreign company.

(vi) Foreign nationals coming to India as consultant on contract for whom the Indian company pays a fixed remuneration, (may not be in the form of monthly salary).

(vii) Foreign artists engaged to conduct regular performances for the duration of the employment contract given by Hotels, Clubs, other organizations.

(viii) Foreign nationals who are coming to India to take up employment as coaches.

(ix) Foreign sportsmen who are given contract for a specified period by the Indian Clubs/organizations.

(x) Self-employed foreign nationals coming to India for providing engineering, medical, accounting, legal or such other highly skilled services in their capacity as independent consultants.

Q.7. What is the duration of an Employment Visa?

A foreign national coming to India for employment may initially be granted an Employment Visa by the Indian Missions abroad upto one year. The first extension, if necessary, would be granted by MHA. Further extensions, if required, can be granted by concerned State Government/FRO upto maximum period of five years from the date of issue of the Visa. Foreigners coming on Employment Visa are required to register with concerned FRRO/FRO within two weeks from the date of arrival.

Q.8. What documents are required to be submitted alongwith application for Employment Visa?

Ans. (i) The foreign national must have a valid travel document and a re-entry permit, if required under the law of the country concerned.

(ii) The foreign national must submit proof of his/her employment or contract or engagement by the company/organization, etc. in India.

(iii) The foreign national must submit documentary proof of his educational qualifications and professional expertise.

Q.9 Can foreign nationals coming to execute projects in India be granted Business Visas?

Ans. No. A foreign national coming for executing projects/contracts will have to come only on an Employment Visa.

Q10 Can foreign nationals already in India for executing projects on Business Visas be allowed to extend their Business Visas beyond 31.10.2009?

Ans. No. A foreign national who is already in the country on Business Visa and engaged in executing project/contract should leave the country by 31.10.2009.

Q11 Can foreign nationals already in India for executing projects on Business Visas be allowed to convert their Business Visas to Employment Visas without leaving the country?

Ans. No.

Q12 Which category of Visa will be granted to family members of foreign nationals coming to India on Business Visas?

Ans. Indian Missions may grant an ‘X’ Visa [i.e. a Dependent Visa] to the family members of a foreign national granted a Business Visa at their discretion, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.

Q13 Which category of Visa will be granted to family members of foreign nationals coming to India on Employment?

Ans. In respect of family members of a foreign national who is granted ‘E’ Visa, Indian Missions may grant an ‘X’ Visa [i.e. Dependent Visa]. The validity of the ‘X’ Visa could be co-terminus with the validity of the Visa of the principal Visa holder or for such shorter duration as may be considered necessary by the Indian Mission, subject to usual security checks provided the family members are otherwise eligible for grant of such a Visa.

Q15 Whether a foreign company/organization that does not have any Project Office/subsidiary/joint venture/branch office in India can sponsor a foreign national/employee of a foreign company for Employment Visa?

Ans. No.

Q16 Whether an Indian company/organization which has awarded a contract for execution of a project to a foreign company that does not have any base in India, can sponsor employee of foreign company for Employment Visa?

Ans. Yes.

Q17 If the Indian organization/entity sponsors an Employment Visa, does this mean that the Indian organization/entity has to necessarily be the legal employer of the person?

Ans. No.

Q.18 Which category of Visa will be granted to the foreign language teachers/interpreters?

Ans. Employment Visa.

Q19 Which category of Visa will be granted to the foreign specialist Chefs?

Ans. Employment Visa.

Q.20 Which type of Visa would be granted to senior management personnel and/or specialists employed by foreign firms who are relocated to India to work on specific project/management assignment?

Ans. Employment Visa.

India: Tourist Visa on arrival

A press release from Foreign office at New Delhi states that to facilitate bonafide foreign tourists who plan their tours at a short notice, Government of India has decided to introduce 'Tourist Visa-on-Arrival' for a period of one year for citizens of five countries -- Finland, Japan, Luxembourg, New Zealand and Singapore on an experimental basis with effect from 1.1.2010.

Tourists from the said countries can also procure their visas from the Missions/Posts in the normal course.

The tourist visa-on-arrival with a maximum validity of 30 days with single entry facility will be granted by the Immigration Officers at Delhi, Mumbai, Chennai and Kolkata airports to start with, it said.

Please refer to the official release at: http://indianimmigration-law.blogspot.com/2010/01/tourist-visa-on-arrival.html

Travel advisory India: Re-entry on Tourist Visas

Travel advisory India: Re-entry on Tourist Visas

MHA( Ministry of Home Affairs) have come up with the two months gap rule for the holders of long term tourist visas to India. There is yet no public notification by the MHA for the general public in this regard. So it’s not clear whether the rule applies to short term( i.e. six months or less) tourist visa holders. The recent travelers checking at POEs at New Delhi and Bangalore have reported that it’s being applied to all tourist visa holders. MHA might come up with a final public notification with details sometime next month.

As of now, all tourists are required to procure a special “re-entry exemption letter” from the Indian Embassy abroad in case they wish to re-enter India within a period of two months since the last date of departure from India. Besides, in case of re-entry with the exemption letter, they are required to register themselves at the local FRO( foreigner registration office) within 14 days of arrival. The Immigration officials are also placing stamps in the passports of departing tourists stating something like “Re-entry into India not allowed for 2 months from the date of departure”. Again, the practice of putting this stamp is not uniform across all POEs.