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Immigration Laws in India

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Do Indian citizens need a visa for Singapore?
An Indian can apply for a Singapore tourist visa that allows a stay for maximum period of 30 days with 2 years validity. Provided passport is valid for 6 months from entry date.

Immigration Laws in India

Benefits and Drawbacks of Being PIO and OCI:
Who are PIOs?
PIO aka person of Indian origin is the card that defines the person who:
# Used to be the citizen of India and have its passport.
# Is the heir of the family whose one ancestor of his/her four generations hails from India. They can be parents, grandparents and great grandparents.
# Is married to the citizen of India or an existing PIO.
# Is not the citizen of Bangladesh, Pakistan, Sri Lanka, Bhutan, Afghanistan, China, Iran or Nepal.
# Is not the relative of the one belonging to Bangladesh, Pakistan, Sri Lanka, Bhutan, Afghanistan, China, Iran or Nepal.

How NRIs Send PoA from Abroad and Use its Attested Copy in India?
NRIs or any other emigrants can delegate any reliable person to discharge his responsibility legally. Power of Attorney (PoA) can do favour to them by introducing relief and comfort in settling down property disputes and exchanging old currency notes under demonetization. But it should be attested from Indian embassy.

Single Status Certificate Format of Indian Embassy:
It's a sworn statement that determines the affiant is single as per judiciary's verifications of the specific country. It's the legal licence to showcase capacity to solemnize marriage in any country. By qualifying the affiant for tying the knot, this document identifies that the bearer does not have any dependent from the previous marriage, if wedded previously. Therefore, the divorcee can also apply for the single status certificate to kick-start a new journey of married life.

Immigration Laws in India
The objective of immigration is gaining citizenship or nationality in a different country. In India, the law relating to citizenship or nationality is mainly governed by the provisions of the Constitution. The Constitution of India provides for single citizenship for the entire country.

Future of Indian Immigration
India has historically been a land of plenty and immigration has been driven by economic opportunities. Over the years, India has attracted several invaders that remained in India as immigrants. For instance, around 1500 BC, a group of people called Aryans from the Russian steppes, invaded the Indian subcontinent.

NRI Grievances Redressal Mechanism in India
The Ministry of Overseas Indian Affairs was created by the Government of India for developing closer relations with the Indian Diaspora. As a result of this, the new initiatives for the diaspora have not only become feasible but noe they can be easily followed up effectively in quick time.

Certain US Immigrant and Nonimmigrant Visa Processes:
The US Embassy in India, which has a visa section, is located in New Delhi. There are three additional consular posts at Mumbai (Bombay), Kolkata (Calcutta) and Chennai (Madras)

Want to Experience the India Story Firsthand?
Get the Appropriate Visa: Growing interest in doing business in India has seen a rise in the number of foreigners traveling to India.

Preserving Residence as a US Green Card Holder While Residing in India

Registration of Foreigners in India
Registration is required for a foreigner who enters India on a long term (visa valid for more than 180 days) Student (Including those who come for study of yoga/Vedic culture/Indian system of dance and music), Research , Employment, Missionary And Medical And Medical Attendant Visa should register within 14 days of his/her first arrival in India.

Preserving Residence as a US Green Card Holder While Residing in India

Visa Rules and Guidelines:

Entry, stay and exit of foreigners into India is governed by the Passport (Entry into India) Act 1920, Passport (Entry into India) Rules, 1950, Foreigners Act 1946 and the Registration of Foreigners Rules, 1992. The policy, acts and rules relating to entry of foreigners into India are framed by the Ministry of Home Affairs (MHA) , Government of India.(website: http://mha.nic.in)

Visa regime is implemented abroad by Indian missions & posts and in India by Foreigners Regional Registration Offices (FRROs), home departments & district administrators in the states besides immigration posts. PV-II Section of CPV Division provides the interface with MHA in formulation and implementation of visa policy and is also entrusted with advising Indian Missions/Posts on visa matters. PV- II also formulates policy on grant of diplomatic and official passports. Other important functions and responsibilities of PV-II are appended.(Appendix I )

The basic principle of the visa policy is non-discrimination, subject of course to underlying considerations of reciprocity, security and national interests. While a large majority of foreigners is covered under general visa rules, specific visa rules and procedures apply to certain categories of nationals.

Visa is not a matter of right and it is entirely up to the competent authority to decide on issue of visa to any foreigner.

Visa like passport and consular services is a service and a fee is charged for grant of visa in accordance with the scale laid down by the Government of India. Visa Fees, once charged, are not refundable. Details of visa fees applicable since 1st July 2008, are appended. (Appendix II). However, it is advisable to also consult the website of the concerned Indian Mission/Post for scale of visa fees applicable.

General provisions:
All foreigners entering India must have a passport or any other internationally recognized travel document and visa.
Nepalese or Bhutanese nationals entering by land must have some Photo Identity Papers as proof of their nationality. But in case of entry by air directly from Nepal/Bhutan or from a country other than China, they must have a passport. No visa is required. However, they must have visa if they are traveling from China.

The visa applicant should ordinarily be within the jurisdiction of the mission/post or else it is necessary to make a reference to the Indian mission/post in the country to which the applicant belongs. Additional fee is chargeable for making reference to the concerned mission/post.
Gratis visa is granted to diplomats and officials , UN officials traveling on duty or those traveling to India on invitation of Government of India as its guest. Those granted scholarship under Cultural Exchange Programmes are also granted gratis visa.

Diplomatic/Official/UN Official Visa: Diplomats/Officials assigned to their countries Missions/Posts in India or Diplomatic/Official/UN passport holders working in UN or international organizations located in India and their spouses/children holding any type of passport are granted diplomatic/official visas.

Transit Visa: Transit visas valid for up to 15 days and up to two entries are issued to foreign nationals passing through India on their way to another country. The applicant should possess an air ticket for onward journey to a destination beyond India.

Entry Visa: Entry visa is issued to a Person of India Origin, foreign spouse of Indian national and to spouse/children of foreigners holding any type of visa other than tourist/transit visa.

Tourist Visa: Tourist visa is issued to foreigners who do not have a residence or occupation in India and whose sole objective of visiting India is recreation, sightseeing, casual visit to meet friends and relatives etc.

Indian Missions/Posts abroad may issue multiple entry tourist visas for a maximum period of ten years to US nationals and five years to UK nationals, with the stipulation that stay during each visit shall not exceed 180 days. However, should the visa holder desire to stay continuously for more than 180 days, he/she should register with the concerned FRRO/FRO within 180 days of arrival.

Indian Missions/Posts abroad may issue multiple entry tourist visas for a maximum period of five years to nationals of Argentina, Belgium, Brazil, Chile, Finland, France, Germany, Iceland, Japan, Luxembourg, Mexico, Netherlands, New Zealand, Norway, South Korea, Spain, Switzerland and Vietnam with the stipulation that stay during each visit shall not exceed 90 days.

In respect of foreigners holding multiple-entry tourist visas valid for 5/10 years, there should be a gap of at least two months between two successive visits.If a tourist visa holder needs to return to India within two months of his/her last departure from the country due to exigencies like death or serious illness in the family, non-availability of connecting flights to return to his/her country of origin or travel to another country using India as a transit point or any other exigent situation which can be duly justified with proper documentation to the satisfaction of an Indian Mission/Post abroad or immigration authorities in India, the condition of two month's gap can be waived. In all such cases, the foreign national should register with the FRRO/FRO concerned within 14 days of arrival.

Foreign nationals holding six month tourist visas valid for up to three entries would not be subject to the above condition of two month's gap between two visits if they submit their itinerary and confirmed air tickets for travel to neighbouring countries.

Travel agents of foreign travel agencies and foreign tourists visiting India frequently for genuine tourism may be granted multiple-entry tourist visa with the condition that stay on each visit should not exceed 180 days.

Tourist visa on arrival has been introduced on experimental basis for nationals of eleven countries viz. Finland, Japan, Luxembourg, New Zealand, Singapore, Myanmar, Indonesia, Philippines, Laos, Cambodia and Vietnam. Tourist visa on arrival is valid for 30 days with single entry facility and is granted by Immigration Officers at Delhi, Mumbai, Chennai and Kolkata international airports.

Tourist visa is neither extendable nor convertible into other type of visa except, in very exceptional circumstances.

Employment Visa: Employment visas valid for one year at a time are granted to foreigners provided the foreigner is a skilled and qualified professional or a person who is being engaged by a company, organization, industry or undertaking in India on contract or employment basis at a senior level, skilled position such as technical expert, senior executive, or in a managerial position. Proof of employment in the form of employment contract is necessary.

Project Visa: Project visa is a sub-set of employment visa and is granted to foreigners employed for executing Steel and Power Sector Projects.

Student Visa: Student visa valid up to five years or duration of course (whichever is less) is granted to a foreigner coming to India to pursue a course of regular and fulltime academic studies in a recognized institution. The applicant should furnish proof of admission in a recognized/reputed educational institution and evidence of financial support. In case of admission to a medical or para-medical course, a no objection certificate from the Ministry of Health must be furnished. Student visa valid for up to 6 months can be granted for exploring admission or for taking admission tests. There is no restriction on the number of courses of study that can be pursued or with respect to change of course or institute or both. The list of recognized institutions/universities is available on the website (www.education.nic.in).

Journalist Visa: Missions/Posts may issue Journalist visa valid for up to six months to professional journalists, press-persons, film-persons (other than commercial), representatives of radio and television organizations and similar personnel in the field of information such as travel writing, travel journalism, travel promotion/ photography, television production, advertising and those who write on fashion, costumes and sports. Holders of journalist visa are advised to contact on arrival in New Delhi, the External Publicity Division of M.E.A. and in other places, the Office of the GOI's Press Information Bureau, so that they could be given assistance in various matters including planning itineraries.

Business Visa: Valid for up to five years may be granted by Missions/Posts to foreign business persons to set up industrial/business venture or to explore possibilities to set up industrial/business venture in India or to buy/sell industrial/commercial products. Proof of financial standing and expertise in the field of intended business must be produced. For business visas valid up to one year, visa fee prescribed for one year business visa is charged even when the validity of visa issued is less than one year.

Missionary Visa: Visa to foreign missionaries, other than those holding No objection to return to India Endorsements, are granted only after clearance by concerned Ministry/Deptt in India.

Mountaineering Visa: Visa for mountaineering expeditions is granted only after clearance by concerned authorities in India.

Conference/Seminar Visa: Visas may be granted by Missions/Posts to foreign delegates to international conferences, seminars etc conducted by Government bodies, Public Sector Undertakings or Government aided bodies and NGOs provided necessary clearance by nodal Ministries/Departments of the Government of India/State Governments is in place.

Research Visa: Depending upon recognition/reputation of the research institution and eligibility of the applicant, Missions/Posts may grant research visa valid for up to three years or duration of research project, whichever is earlier, except scholars of certain nationalities or/and where research work involves visits to 'Restricted' or 'Protected' areas in India or areas affected by terrorism, militancy and extremism etc.

Medical & Medical Attendant Visa: After satisfying themselves, Indian Missions/Posts abroad may issue Medical Visa (MED) valid for one year or the period of treatment, whichever is less, to foreign nationals visiting India for medical treatment in reputed/recognized specialized hospitals/treatment centres in India. Visa is permissible for treatment under Indian system of Medicine also. Attendants/family members of patients coming to India for medical treatment shall be granted Medical Attendant visa (MEDX) co-terminus with the Medical visa of the patient. Attendants should be spouse/children or those having blood relations with the patient. Not more than two attendants are allowed.

Universal Visa: Universal visa is a multipurpose life-long visa which Indian Missions and Posts abroad or the Ministry of Home Affairs may grant to Foreigners holding Overseas Citizens of India (OCI) card. The holder of universal visa can study, do business or take up employment in India and is exempt from the requirement of registration with FRRO/Police authorities for any length of stay in India.

Restricted/Protected Area Permits: Visas issued to foreigners are not valid for certain specified areas. Special permits viz. Restricted or Protected Area Permits are required to visit them. These permits are issued by Indian Missions/Posts abroad and MHA/State Governments in India. All Tibetan settlement are Restricted Areas.

Registration: Foreigners entering India on Student visa, Employment visa, Research visa, Missionary visa valid for more than 180 days are required to get themselves registered with the concerned Foreigners Registration Office within 14 days of their arrival in India. Foreigners holding any other type of visa valid for more than 180 days do not require registration if the period of their stay in India on each visit is less than 180 days. However, they must register themselves within 180 days of arrival if the period of their continuous stay exceeds 180 days. For more details, please access the website of MHA or Bureau of Immigration (www.boi.gov.in).

Pakistani Nationals and Foreigners of Pak Origin: Visa is granted to Pakistani nationals and foreigners of Pak origin only after clearance by concerned authorities. Pakistani nationals holding visitors visa are required to register themselves at the check post of entry within 24 hours of their reaching the specified places. Pak nationals are permitted to enter into and exit from India only through designated check posts.

Chinese Nationals: Only single entry Tourist and Business visas valid up to 3 months are granted to Chinese nationals. The visa may be extended up to 3 months by FRROs/Ministry of Home Affairs. All other types of visas fall in prior clearance category.

Extension of Visa: Extension of visa , while in India, is dealt by Foreigners Regional Registration Offices, Ministry of Home Affairs.

Gratis Visa: In view of the existing bilateral agreements/arrangements, all types of visas are issued gratis to the nationals of Afghanistan, Argentina(Tourist visa only), Bangladesh, Democratic People's Republic of Korea, Jamaica, Maldives, Mauritius, Mongolia, South Africa and Uruguay.
 

Frequently Asked Questions Regarding Immigration Law of United States

What is the difference between a nonimmigrant visa and an immigrant visa?

What is a labor certification?

How can an individual obtain permanent residence through marriage to a U.S. citizen?

How can an individual become a permanent resident through a relative?

What is a national interest waiver (NIW)?

How can you obtain a green card without going through the labor certification process?

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Immigration Law Topics

Citizenship by Registration

There are several ways one can apply for Indian citizenship by registration, they are as following:
1. A Person who has been a resident of India for 7 years and one of his parent was Indian Born
2. Persons of Indian origin who are ordinarily residents of any country or place outside India
3. Married to a citizen of India and who have been residents of India for seven years
4. Minor children whose parents are Indian citizens
5. Citizens of Singapore  five years.
6. Citizens of Canada who have been residents of India for eight years.

What if I remain in the U.S. illegally?

What's the easiest way to get a work visa?

Applications for Indian citizenship

What are the different categories for temporary work visas?

How can an alien become a U.S. citizen?

What is the green card lottery?

What is political asylum?




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