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IMPACT – MEDIUM
What is the change? The Indian Consulate in San Francisco is no longer requiring personal bank statements for most business visa applications.
What does the change mean? While personal bank statements will not be mandatory for most applicants, other supporting documentation including documentation providing details of travel plans, accommodations and intended activities will still be required.
Background: As BAL reported in July, the Indian Consulate in San Francisco has focused on ensuring that business visa applicants provide clear and comprehensive information about their travel, including information about flight plans, accommodations and intended activities. While many additional documents are still required, personal bank statements are no longer required from most applicants. The consulate may follow up with requests on a case-by-case basis, especially when officials determine that proof of sufficient financial means is required. The majority of business visa applicants, however, will not be required to provide personal bank statements.
BAL Analysis: The change is welcome news to business travelers. However, applicants should be sure to leave enough time when preparing their applications to gather all other supporting documentation.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL representative.
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? India has expanded its e-Tourist visa program to nationals of 36 additional countries.
What does the change mean? The program primarily benefits tourists from designated countries. Business travelers are advised to obtain visas from an Indian consulate before travel, except for urgent and very narrowly tailored business trips.
Background: Nationals of the following countries will be eligible for e-Tourist visas as of Aug. 15.
The complete list of eligible nationals can be found on the Indian government’s website.
BAL Analysis: Individuals traveling to India on business are reminded that because of the narrow definition of business travel, the wide discretion that border officials exercise and the high risk of being turned away at a point of entry, BAL does not recommend that business travelers use e-Tourist visas.
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? The Indian Consulate in San Francisco has imposed extensive new requirements on U.S. travelers applying for business visas.
What does the change mean? Affected travelers are now required to provide six months of personal bank statements, hotel and flight itineraries, and an additional letter of support from their U.S. employer. The letter of support must state the precise nature of the traveler’s activities in India and list the name and company address of the individual who signed the required letter of invitation.
Background: Over the course of the past week, the Indian Consulate in San Francisco began requiring new document requirements for travelers seeking business visas. BAL will follow whether the requirements will be implemented at other consulates in the U.S.
A statement posted to the website of the Indian Consulate in San Francisco on July 9 does not provide a reason for the recent changes, but does say that the Indian Embassy and consulates “reserve the right to seek additional documentation at their discretion” from visa applicants. The statement also warns travelers not to book travel arrangements without first obtaining the relevant visa for their travel.
BAL Analysis: BAL has only seen the new requirements implemented in San Francisco thus far, but business travelers should consider preparing the additional documentation no matter which consulate they are using when applying for a business visa. While the additional requirements add to the time required to apply for a visa, delays resulting from a lack of proper documentation could be significant.
Employers should also be aware that while electronic tourist visas (formerly called visas on arrival) are available for very limited business activities, the safest route for travelers seeking to enter the country for business activities is to obtain a multi-year business visa before entering India.
What is the change? India’s Ministry of Home Affairs is advising members of the Indian diaspora who have not already converted their Person of Indian Origin (PIO) cards to Overseas Citizen of India (OCI) cards to submit an “OCI in lieu of PIO” application in the jurisdiction of their residence by Sept. 30.
What does the change mean? While the government did reaffirm that filing for conversion is voluntary, the consequences of missing the Sept. 30 deadline are unclear and therefore PIO cardholders should consider applying now.
Background: When India decided to phase out PIO cards, the Ministry of Home Affairs said that PIO cards would automatically be recognized as OCI cards from Jan. 9, 2015 onward and that PIO cardholders could apply to convert their PIO cards to OCI cards on a voluntary basis.
A recent government notice now advises PIO card holders to apply online by Sept. 30 and indicates that, in the meantime, border officers and airlines are being instructed to honor either PIO cards or OCI cards. OCI cards are smart cards that will speed up immigration clearance at Indian borders.
The notice also indicates that applicants may apply at the Indian consular post or Foreigner Regional Registration Office having jurisdiction over their current residence. Previously, the Ministry said that applicants were required to return to the location where the PIO was issued.
BAL Analysis: The Ministry’s notice could signal that a mandatory rule is forthcoming. Therefore, PIO cardholders should apply now for the conversion to avoid delays in obtaining OCI cards, which could interrupt travel plans. Because of regional differences, applicants should check with their local office or consulate to confirm procedures. BAL is closely monitoring policy changes regarding PIO card validity and will provide advice as new polices are confirmed.
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.
What is the change? Canada and France are among 31 countries that will be added to India’s e-Tourist visa program, the country’s Ministry of Home Affairs announced this week.
What does the change mean? Nationals of 76 countries are now eligible for the program. While the expansion of the program eases travel to India for tourists, it is not recommended for business travelers.
Background: India dramatically expanded its Tourist Visa on Arrival-Electronic Travel Authorization program, as it was previously known, in November, making it available to nationals of more than 40 countries. This week, The Indian government announced that it will extend the program to nationals of 31 more countries. Those countries are:
Indian authorities say they would like to extend e-Tourist visa eligibility to nationals of 150 countries by March 31, 2016, the end of India’s financial year.
The e-Tourist visa requires travelers to apply online prior to travel; those who show up without electronic travel authorization will be turned away. In order to clear up confusion, the program was renamed “e-Tourist Visa” in April.
BAL Analysis: While the program makes tourist travel easier, only “casual business” visits are allowed. The definition of what constitutes “casual business” may be left to the interpretation of individual immigration officers. Because of the discretionary manner in which e-Tourist visas may be issued and the fact that eligible foreign nationals may only be issued two of the visas per year, BAL only recommends e-Tourist visas for business travelers who do not have enough time to obtain a traditional business visa and are traveling for a one-shot meeting or “look-see” visit.
What is the change? The Embassy of India in the U.S. and U.K. are requiring holders of previously issued Person of Indian Origin cards to obtain an Overseas Citizen of India card.
What does the change mean? PIO card holders living abroad in the U.K., U.S. and other countries are advised to convert to OCI cards according to the regional deadlines set by the Indian embassies.
Background: The PIO card was merged into the OCI card in January. Originally, the Indian government said that current PIO holders would not be required to convert to OCI cards, but could voluntarily submit their PIO card to an Indian embassy or local Foreigner Regional Registration Office (FRRO) to have their card endorsed with lifetime validity.
However, the Indian Embassy in the U.S. has announced through its consular services contractor that PIO card holders may apply for an “OCI in lieu of PIO” conversion on a voluntary basis until June 17 before conversion becomes mandatory June 18. Similarly, the Indian Embassy in the U.K. began requiring PIO holders to convert to OCI cards April 8.
As BAL reported last month, the FRRO in Mumbai is no longer endorsing PIO cards and is requiring all PIO card holders to obtain an OCI card by the end of June.
BAL Analysis: Given the varying interpretations of immigration rules by authorities in India and at consulates abroad, members of the Indian diaspora holding PIO cards should confirm local policies regarding maintaining their PIO/OCI status. Because the “OCI in lieu of PIO” conversion can only be completed by the same consular post or FRRO that issued the PIO card, those who have moved to another jurisdiction may have to apply for a new OCI card, which carries higher government fees than the conversion process.
What is the change? The Foreigners Regional Registration Office in Mumbai has implemented new requirements for late registrations and visa extension applications.
What does the change mean? A company representative must appear at the Mumbai FRRO with an apology letter when the foreign employee is late with the FRRO registration or visa extension.
Background: The FRRO in Mumbai announced that, effective immediately, it is implementing new procedures intended to deter late FRRO registration and visa extension applications. If a foreign national does not register within the required 14 days or is late in submitting a visa extension application, the Indian employer company must send a representative to accompany the foreign employee to the FRRO and bring an apology letter that explains why the registration or extension application is late. The representative typically should be the same person who has signed the company’s letter of undertaking and other support documents. Also, foreign nationals submitting the late registration or extension application must return the next business day to pick up their resident permits or visas instead of receiving them on the same day, which is the usual practice in Mumbai.
BAL Analysis: Companies operating in Mumbai must take care that foreign employees’ FRRO registrations and visa extension applications are submitted on time. The implementation of the new requirement and process delay in Mumbai is a sign that Indian authorities are cracking down on late filings by foreign nationals and their Indian employers. With this in mind, companies should be aware that these policy changes will likely soon appear at FRROs in other cities. BAL is monitoring other locations in India for implementation of similar policies and will report on any additional regional changes.
What is the change? The Foreigner Regional Registration Office in Mumbai is requiring holders of previously issued Persons of Indian Origin (PIO) cards to obtain an Overseas Citizen of India (OCI) card by the end of June.
What does the change mean? PIO card holders who report to the Mumbai registration office should convert to an OCI card as soon as possible.
Background: When the Indian government announced the merger of the PIO and OCI card programs in January, it stated that current PIO card holders were not required to obtain an OCI card, but instead could submit the PIO card to the local Foreigner Regional Registration Office and obtain an endorsement stating that it has lifetime validity. However, the regional office in Mumbai recently posted a notice that it would no longer provide an endorsement on any PIO cards and that all PIO card holders should obtain an OCI card by the end of June.
BAL Analysis: Immigration regulations in India are frequently interpreted differently by the authorities in the various regions. PIO card holders who are either staying in India or planning to travel there should confirm local policies regarding maintaining their PIO/OCI status. BAL is following the policy changes since implementation of the merger of PIO and OCI cards and will report on any additional regional changes.
What is the change? The High Commission of India in London has announced that it will require biometric data capture for visas and other consular services beginning in March.
What does the change mean? Anyone applying for Indian visas or other consular services in the U.K. will be required to book appointments online before submitting applications and appearing in person to have biometrics taken. Once the change is implemented, applicants showing up at visa centers without an appointment may be turned away.
Background: The changes are part of India’s Immigration, Visa and Foreigners’ Registration and Tracking (IVFRT) program. As part of the program, India will make biometric data collection (fingerprint data and facial imagery) mandatory for all visa applicants. Mandatory biometrics have already been implemented in Australia, Malaysia and the Netherlands, among other countries.
In the U.K., the program will be launched at 14 visa centers, including three in London, in March. Once the program is operating, walk-in appointments will not be accepted. Exceptions will be made for medical emergencies, however. Diplomatic and official passport holders traveling on official business are also exempt and should submit their applications directly at the High Commission of India in London or the Consulates General of India in Birmingham and Edinburgh.
BAL Analysis: Once the mandatory biometrics program is implemented, applicants will be required first to apply online and then appear in person, by appointment, at a visa center. Walk-ins may be turned away. BAL will provide more information about the rollout when dates can be confirmed. Contact your BAL representative 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.
IMPACT – LOW
What is the change? India is no longer requiring foreigners to register their children under age 16 with the Foreigners Regional Registration Office.
What does the change mean? In addition to the registration exemption for children, either parent may conduct all visa-related services at the FRRO on behalf of children under the age of 16.
Background: Generally, all foreigners staying longer than 180 days in India must register in person within 14 days of arrival. According to a recent notice posted by the Bureau of Immigration, children under 16 are now exempt from registration. In addition, for other visa-related services such as visa extensions or exit permits, either parent may visit the FRRO on behalf of children under 16.
BAL Analysis: The new policy relieves foreign nationals of the inconvenience of registering minor children.