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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.)
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.
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.
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:
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.
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.
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:
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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:
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.
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.
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:
There are no work authorization exemptions available for India.
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.
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.
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.