by legalkare

Law related to Immigration In India

Hello Audience,

Many people are going to foreign country  for Education, service,business any other reasons or purpose .In short they immigrants from one country to another country.Now  a days Immigration to India has increased by 12% over the previous year.Foreigners visited India near about 64 thousands.If we calculated total arrivals of foreigners  in India are 62%.

I think now you are aware of today’s topic i.e. “Law related to Immigration In India”

Immigration means Movement of people from one nation to another nation where they are not citizens.Immigration law governs immigration in nation.The purpose of this law is to get nationality or citizenship in a different country.In India,The constitution has power to give citizenship or Nationality.Immigration law is related to Nationality law of nation.

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Indian Visa is granted to foreigners by Indian Missions/posts abroad.There are 169 Missions,86 Immigration check Posts and 7 Regional Offices all over in India.

Indian Governing Law

  • The Foreigners Act 1946
  • The Passport (Entry To India) Act 1920
  • Indian Constitution-Nationality & citizenship
  • The Immigration (Carriers Liability) Act 2000
  • The Immigrants (Expulsion from Assam) Act 1950
  • The citizenship Act 1955
  • The Passport Act 1967
  • The Citizens (Registration at Indian Consulates) Rules 1956
  •  The United Nations (Privileges & Immunities )Act 1947
  • The Foreign Marriage Act & rules 1969
  • The Extradition Act 1962
  • Bureau Of Immigration (BOI)

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Changes In India’s Immigration Laws And Policies

There are many changes applicable to Indian Immigration Law. It has been introduced by Govt of India recently.these modifications go a long way to boost the India Inc.’s current ‘Make in India’ bandwagon.

#Electronic Visas and Visa on Arrival

Visitors from over 40 countries, including Israel, Palestine, Germany and the U.S. can now enter India with the Electronic Travel Authorization (ETA) also referred to as a Tourist Visa on Arrival (TVoA) that can be obtained before arriving at designated airports in India.

This facility is available for international travellers who visit India for recreation, sightseeing, casual visits to meet friends or relatives, short duration medical treatment or casual business. The request may be approved within 72 hours of submitting the application.  If the ETA is granted, travel and stay within India for 30 days from the date of arrival is allowed without any extensions.

#Person of Indian Origin (poi) Card

On January 9, 2015, the Government of India passed an ordinance declaring People of Indian Origin (pio) cards to be now called as Overseas Citizen of India (oci) cards.It was issued to a foreign national who could prove his or her Indian origin up to three prior generations. A foreign national spouse of a citizen of India could also apply for a pio card. A pio card holder could originally enter into India without visa for 15 years and take up employment without visa. A pio card holder was exempted from registration with FRRO or FRO if the period of stay in India is less than 180 days.

#Converting a dependent (‘X’) visa into an employment visa

A dependent (X) visa is given to the spouse of a foreign national employed in India. Generally an ‘X entry visa holder is not allowed to work to generate any income while in India by way of Employment, commerce, business or any other economic activity. The MHA now allows that an X visa holder any convert it into an employment visa within India provided that:

  • The dependent visa holder has accompanied their spouse who is on a  valid employment visa; and
  • The dependent visa holder independently qualifies for an employment visa

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#Change of Employer for an Employment Visa Holder

An Employment visa holder, who needs to change his or her employer once he is in India, has to apply to the Ministry of Home Affairs (MHA) for approval. The MHA may, on the basis of the merits of each case grant the change of employer, but this can be done only once during the five year tenure of the original employment visa

Ministry of Home Affairs(MHA) could consider approving the application are:

  • The company that originally employed the foreign national issues a no objection letter.
  • A foreign national who holds a senior position or is a highly skilled person within an organization in India;
  • When a foreign national changes employment between a  registered holding company and its subsidiaries.

Thanking You….

 

 

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