IMPACT – MEDIUM

What is the change? New rules are set to take effect for Indian nationals traveling to Hong Kong as visa-waived nationals.

What does the change mean? For travel on and after Jan. 23, Indian nationals must register online before visiting Hong Kong on 14-day visa-free visits or as transit passengers. (Transit passengers by air who are not leaving the airport transit area are exempt.)

  • Implementation time frame: Jan. 23.
  • Visas/permits affected: Fourteen-day visa waiver.
  • Who is affected: Indian nationals holding regular passports and traveling to Hong Kong as visa-waived nationals.
  • Business impact: Business travelers must make sure they have completed online registration procedures before traveling.  
  • Next steps: The online registration portal will be available Dec. 19. Travelers will obtain an immediate result and then must print out a notification slip for boarding a plane as well as for immigration clearance upon arrival. The registration is valid for six months and may be used for multiple entries.

BAL Analysis: Indian nationals planning travel to Hong Kong on or after Jan. 23 as visa-free visitors should register beginning Monday. Indian nationals who are enrolled as frequent visitors using the e-Channel service are exempt as long as their e-Channel permission is valid.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Indian government and VFS Global have opened visa application centers in Johannesburg, Cape Town and Durban.

What does the change mean? South African residents can now apply in person for Indian visas and permits at the new applications centers.

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: All Indian visas and permits.
  • Who is affected: South African residents seeking Indian visas, permits, passports or certain other consular services.
  • Impact on processing times: The centers offer longer hours than consulates and may streamline application processes.

Background: VFS Global operates 43 visa application centers in 10 countries on behalf of the Indian government, but the South African centers will be the first in Africa. They will be located in:

  • Johannesburg: Indian Visa and Consular Application Centre, 2nd floor, Harrow Court 1, Isle of Houghton Office Park, Boundary Rd, Park Town, Johannesburg, 2198.
  • Cape Town: Indian Visa and Consular Application Centre, 01st Floor, 47 Strand Street, Cape Town.
  • Durban: Indian Visa and Consular Application Centre, Office 401, 4th Floor, 91-123 Cowey Road, Essenwood, Durban.

VFS Global said in a statement that India “has become a popular destination amongst residents of South Africa, not just for commonly sought categories like business, tourism, and education, but also for medical treatment, journalism or research.”

BAL Analysis: South African residents should take note of the new application centers, which are accepting applications on behalf of the Indian government in Johannesburg, Cape Town and Durban. The visa application centers should ease processing of Indian visas and permits.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? India is pulling old rupee notes of the 500- and 1,000-rupee denominations out of circulation and will restrict ATM transactions from now until the end of the year.

What does the change mean? Banks were closed Thursday Nov. 9 and ATMs were shut down Wednesday and Thursday, Nov. 9-10. ATM withdrawal limits will be in place starting Friday, Nov. 11, and all residents have until Dec. 30 to deposit existing 500- and 1,000-rupee notes into their bank accounts or exchange them for other bills. New 500-and 2,000-rupee notes will be put into circulation.

  • Implementation time frame: Immediate and ongoing.
  • Who is affected: All residents and individuals in India performing cash transactions and foreign nationals entering India.
  • Business impact: Foreign nationals in India should be notified of the bank closures and restrictions on banking and ATM services during the transition.
  • Next steps: Individuals in India should plan for the restrictions in banking, ATM and cash transactions. Old notes may be used for emergency transactions such as hospital visits, train and air tickets and fuel purchases until Friday. The changes do not affect transactions using credit or debit cards, checks, money wires or online transactions.

Background: The Reserve Bank of India published the notice Tuesday with little warning. New “Mahatma Gandhi” 500- and 2,000-rupee notes will be put into circulation featuring a new design, color, size and security emblem.

During the transition:

  • Banks were closed Wednesday and reopened Thursday.
  • All ATMs, cash deposit machines, and other machines used for the deposit of cash were shut down Wednesday and Thursday.
  • Cash withdrawals at bank counters are limited to 10,000 rupees per day and an overall limit of 20,000 rupees per week. ATM withdrawals are limited to 2,000 rupees per day per card until Nov. 18, and 4,000 rupees per day per card on Nov. 19 and after.
  • Individuals may exchange their old 500-and 1,000-rupee notes for other denominations, but are limited to a 4,000-rupee maximum exchange during the first 15 days of the transition period.
  • Individuals should deposit or exchange their old 500- and 1,000-rupee notes by Dec. 30, but if they are not able to do so by that date, they may need to go to a specified location thereafter.

BAL Analysis: All residents in India should be aware of the changes and plan for possible delays in banking transactions during the transition. The banking limits and other terms of the currency exchange are subject to change without notice.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? VFS Global has stopped accepting Spanish visa applications from applicants in India and Nepal.

What does the change mean? Beginning Tuesday, Spanish visa applicants in India or Nepal must submit at the Embassy of Spain in New Delhi or the Consulate General in Mumbai. Applicants should anticipate delays.

  • Implementation time frame: Immediate and ongoing.
  • Who is affected: Anyone applying for Spanish visas in India or Nepal.
  • Impact on processing times: Processing delays should be expected, given that Spain normally relies on VFS centers to process applications from India or Nepal.
  • Business impact: Businesses may need to adjust their schedules if applicants face visa delays.

Background: Spain outsources visa processing in India and Nepal to VFS Global. As BAL reported last week, the contract between the Spanish government and VFS Global for these services was up for renewal, and it appears no deal has been reached. VFS centers in India and Nepal will continue to accept and process Schengen visa applications on behalf of other Schengen Area countries.

BAL Analysis: The change in visa processing from VFS to the Embassy of Spain in New Delhi or the Consulate General in Mumbai may cause delays. BAL will continue to monitor the situation and will update clients if VFS centers resume the reception and processing of Spanish visa applications at any point.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com

IMPACT – MEDIUM

What is the change? Spanish visa processing centers in Mumbai and New Delhi are expected to temporarily close within the next few days.

What does the change mean? Those needing to file time-sensitive applications at Spanish visa processing centers in Mumbai or New Delhi should do so as soon as possible.

  • Implementation time frame: The last day for submission before the temporary closure in Mumbai is expected to be Saturday, and the last day in New Delhi is expected to be Sunday. The closures could last a few days, but possibly longer.
  • Who is affected:Anyone applying for Spanish visas in Mumbai or New Delhi.
  • Impact on processing times:Processing will be delayed during the closures and possibly when the visa processing centers reopen if a backlog builds up.
  • Business impact: Businesses may need to adjust their schedules if applicants face visa delays.

Background: Spain outsources visa processing in India to VFS Global. The contract between the Spanish government and VFS Global in India is due for renewal and, unless an agreement is finalized, the processing centers in Mumbai and New Delhi are expected to temporarily close this month.

BAL Analysis: Those with time-sensitive applications should file them as soon as possible and, at a minimum, on or before the days listed above. BAL will continue to monitor the situation in India and report if additional information about the expected closures becomes available.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? India is poised to offer long-term residence permits to qualifying foreign investors under a program Cabinet approved this week.

What does the change mean? Under the program, foreign nationals who invest 100,000,000 Indian rupees (about US$1.5 million) over an 18-month period, or 250,000,000 rupees over a three-year period, would be eligible for renewable 10-year residence permits. The Indian government has said the program will not be open to Chinese or Pakistani nationals.

  • Implementation time frame: Ongoing. The Cabinet approved the program, but no implementation date has been announced.
  • Visas/permits affected: Ten-year residence permits for foreign investors.
  • Who is affected: Foreign investors able to meet the criteria outlined above.
  • Business impact: The program provides an expedited path for business people and investors interested in residing in India.
  • Next steps: BAL will continue to monitor developments in India, including any announcement of a date on which the investor program will open.

Background: India is hoping the new residence program will lure foreign investments. The Indian government said in a statement that the investments made by foreign nationals should be able to provide jobs for 20 Indian nationals per financial year. Under the plan, investors who meet the eligibility criteria will be offered 10-year residence permits which will be renewable for an additional 10 years. Qualifying investors will be able to purchase one residential property in India. Spouses and children of qualifying investors will be permitted to work and study in India. Holders of residence permits will be exempted from normal registration requirements and permitted free travel into and out of India for themselves and their families.

BAL Analysis: Once implemented, the investor program will provide an alternative migration route for foreign investors interested in relocating to India. Indian officials hope it will lure foreign investment and boost domestic employment. BAL will continue to follow the investor program as it is developed and implemented.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

 

Source: Berry Appleman & Leiden LLP

IMPACT – MEDIUM

What is the change? The Times of India, citing sources in the Ministry of Home Affairs, reported Friday, Sept. 2, that India’s e-Tourist visa program “may be rechristened as ‘e-visa’ with specific codes for each of its sub-categories like e-tourist visa, e-medical visa and e-business visa.”

What does the change mean? If India implements the proposed changes to its visa regime, business travel to India could be made significantly easier for select nationalities.

  • Implementation time frame: Ongoing.
  • Visas/permits affected: The changes could affect a number of Indian visa programs, including its e-Tourist Visa and visa-on-arrival programs.
  • Who is affected: Foreign nationals who travel to India frequently.
  • Impact on processing times: The changes could significantly reduce processing times for business and other travelers.
  • Next steps: BAL is working to confirm information about possible visa changes and will provide updates to clients once more information is available.

Background: The Times of India reported that the proposals are at “an advanced stage of discussion” and could be approved soon. Besides the codification of visas described above, the report said India is considering replacing many of the country’s e-Tourist Visa facilities with visa-on-arrival facilities. While the e-Tourist Visa program is available for nationals of roughly 150 countries, however, visas on arrival would likely be available to significantly fewer nationalities. No information was available about which countries might be included in an expanded visa-on-arrival program.

BAL Analysis: The changes described above could hold significant benefit for business travelers from select countries. BAL continues to follow developments in India and will update clients with additional information as it becomes available.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from six offices across the U.S. and from offices in Geneva, London, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

 

Source: Berry Appleman & Leiden LLP

IMPACT – MEDIUM

What is the change? The High Commission of India in the United Kingdom has announced that biometric enrollment will soon become mandatory for applicants in seven visa categories, including employment visas.

What does the change mean? Beginning Aug. 19, visa applicants will be required to appear in person and submit biometrics (a facial image and fingerprints) when applying for employment, journalist, research, student, visit (applicable only to Pakistani nationals), project or missionary visas. The change will take effect at all 14 Indian Visa Application Centres in the U.K.

  • Implementation time frame: Aug. 19.
  • Visas/permits affected: Employment, journalist, research, student, visit (Pakistani nationals only), project and missionary visas.
  • Who is affected: Individuals applying for Indian employment visas or other designated visas at an Indian Visa Application Centre in the U.K.
  • Impact on processing times: Applicants may experience delays as the program is implemented.
  • Next steps: BAL will continue to monitor the rollout of the biometrics program and will provide updates if needed on the specifics of the biometrics process.

Background: Biometrics will be taken when visa applications are submitted at any of the 14 Indian Visa Application Centres. Applicants must appear in person to submit biometrics. Exceptions to the biometrics requirements will be made for applicants under 12 or over 70 years old.

BAL Analysis: The introduction of mandatory biometrics enrollment adds a step to the visa application process for those applying for Indian visas in the U.K. Contact your BAL professional if you have questions about the program.

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

Assessing travel and visa obligations in India

When traveling to India, your nationality and the types of activities you will conduct during your trip, will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to India, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business and technical meetings
  • Purchase or sell industrial or commercial products and consumer items
  • Recruit manpower
  • Establish an industrial/business venture

 

If I qualify as a business visitor, do I need a visa for India?

Most foreign nationals, including nationals of the United States and European countries, will be required to obtain a visa prior to travel if they intend to conduct business activities in India. In most cases, foreign nationals must obtain either a Business Visa (B Visa) from an Indian Embassy or Consulate, or e-Business Visa online, prior to travel.

Travelers participating in governmental or non-governmental conferences and events are required to obtain a consular Conference Visa, or e-Conference Visa online, prior to traveling to India.

In addition to the consular visa and e-visa options, nationals of Japan, South Korea, and the UAE are eligible to obtain a Visa on Arrival (VoA) for business or conference purposes. Additional eligibility restrictions may apply. Please consult with your immigration counsel prior to travel for an individual assessment to determine eligibility.


Working in India

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Indian law. This list is not exhaustive, and many other professional activities are considered work in India, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Consulting

 

If I am traveling to India for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in India. The most common types of work authorization for India are:

  • Employment visa (work authorization for highly skilled and/or qualified professionals)
  • Film visa (work authorization for commercial filmmaking)
  • Intern visa (work authorization for students or recent graduates interning at a local Indian company, educational institute or non-governmental organization)
  • Project visa (work authorization for professionals in the power and steel sector executing a specific project)
  • Research visa (work authorization for scholars conducting research work or attending a research conference, seminar or workshop)

 

Is it possible to be exempted from work authorization requirements?

There are no work authorization exemptions available for India.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

IMPACT – MEDIUM

What is the change? Mumbai is the latest jurisdiction to require Form C from landlords, hotels and property owners providing accommodations to foreign nationals.

What does the change mean? Foreign nationals in Mumbai must file the form when registering with the Mumbai Foreigner Regional Registration Office or applying for a visa extension.

  • Implementation time frame: Immediate.
  • Visas/permits affected: FRRO registration and visa extension.
  • Who is affected: Foreign nationals in Mumbai.
  • Impact on processing times: Foreign nationals must obtain the form from their landlords and register with the FRRO within 14 days of arrival.
  • Business impact: The form is a requirement in many jurisdictions and will become mandatory throughout India.

Background: India has rolled out the requirement in phases over the past two years to better track the whereabouts of foreign nationals. The form is now available online to make it easier for landlords to fill out.

BAL Analysis: Foreign nationals in Mumbai are reminded to obtain the form as soon as they arrive so they may timely register within 14 days of arrival.

This alert has been provided by the BAL Global Practice group and our network provider located in India. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.