Talk about U.S. Immigration

Visa to India: new restrictions

January 20, 2010 on 4:38 pm | In Changes in Law, visa | No Comments

Visa regulations in India are changing as government imposes stricter restrictions on foreign travellers. It may be that the Government policy for visa issuance is also changing. Practices acceptable hitherto are prohibited. There are reports of foreign Consulates posting complaints on their websites about this practice. The cause may either be increase in international traffic to the country or perhaps the hightened terror threats but most likely both.

Increase in tourism and also in the business and employment opportunities in the country has lead to increase in foreign nationals travelling to India. The government of India declared that foreign nationals enter with visas that is consistent with the purpose of their stay. In its November 25th press release, the government said that the business visa should be used strictly for business visits i.e. relating to purchase or sale of products or for setting up a business or industrial establishment.

Employment visa should be sought if the purpose is to execute a project. This visa is granted to senior level skilled and qualified professionals. Restrictions apply when large number of qualified local workers are available. It reminds me of the United States’ Labor Certification process requirement where an employer must tap the local labor market before offering a foreign national permanent employment. These measures are nationalistic in nature and are designed to protect loal job market. The measures would be increasingly adopted by countries of the world because as labor becomes mobile and supply of labor/services comes internationally i.e. qualified foreign workers move accross national borders to take up employment there would be greater desire to protect local job market.

The Indian government had earlier directed the foreign nationals with inappripriate visa to exit by October 31, 2009, (extendable in certain circumstances) and return with appropriate visa. The government claimed that foreign nationals accept gainful employment but remain within the country on visitors visa. There ought to be a procedure to apply for change of status from within the coutry. It is yet to be seen how the employment restrictions are applied. In my opinion until talented foreign workers are willing to accept Indian wage levels which are relatively low when compared internationally, the restrictions would stay relaxed.

Visitor visa travellors face two month restriction on return. It is reported that the the foreign nationals used to travel to a contiguous country and return within a few days with a valid visitors visa. Perhaps, the government became aware of this issue only lately. So, now, the new restriction makes a quick return to India on visitors visa impossible. Foreign nationals report that their passports are stamped with the return restriction before they exit. There are numerous reports that the foreign Consulates are expressing their concern over the changes although I doubt that the resentment is over the changes per se. It would be more about the lack of publicity of these changes or about their inconsistent implementation. Also, it is unclear what is the extent of these restrictions as I try to explore the legal authority behind it.

The Chicago Indian Consulate confirmed the tourist visa return restrictions but said that certain exceptions apply including visit for emergent circumstances. Family or business exigencies like a death of a family member or a business need would fall in this category. My enquiry to the Consulate also confirmed that the restrictions do not apply to Card holders who possess Overseas Citizenship to India (OCI) and Persons of Indian Origin (PIO).