Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? India has merged its Persons of Indian Origin (PIO) cards with its Overseas Citizen of India (OCI) cards.
What does the change mean? The merger eliminates red tape for members of the Indian diaspora who return to India for long-term stays.
Background: Under the change, PIO cards have essentially been eliminated and their benefits have been incorporated into OCI cards. As of Jan. 9, current PIO-card holders are deemed to be OCI-card holders. OCI cards are valid for the life of the card holder.
In addition, the following people are now eligible for OCI cards:
BAL Analysis: The merger of the two cards into one OCI card will reduce confusion and provide additional benefits. Previously issued PIO cards now hold lifetime validity rather than expiration after 15 years. Those who hold OCI cards and existing PIO cards will no longer need to register with the Federal Foreigners Registration Office or a police station when visiting India.
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? Applicants in Australia applying for visas to India must schedule an appointment online with a visa center to sit for fingerprints and digital facial imaging.
What does the change mean? As of Jan. 1, applications will no longer be accepted on a walk-in basis.
Background: The mandatory biometrics appointment is part of India’s Immigration, Visa and Foreigners’ Registration and Tracking (IVFRT) program. Visa applicants in Australia must schedule an appointment through the visa center’s website to submit their applications and provide biometric data, including fingerprints and digital photos.
BAL Analysis: Applicants should make an appointment as early as possible to avoid the rush. All visa applicants must first apply online and then appear in person, by appointment, at a visa center. Note that applicants for other consular services, such as OCI cards and passports, have the option of submitting their application by mail or courier.
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 offering visa-on-arrival services for nationals of more than 40 countries, including nationals of Australia, Brazil, Germany, Mexico, Russia and the U.S.
What does the change mean? Nationals of more than 40 countries will be able to visit India without obtaining a visa prior to travel.
Background: Prior to Nov. 27, visas on arrival were available to nationals of 11 countries. At the beginning of this year, India announced plans to expand visas on arrival to 180 countries. As of Nov. 27, the countries and territories now eligible for visas on arrival are:
Nationals of the countries and territories listed above can obtain a visa by applying online and uploading a copy of their passport and a photo and paying a visa fee of US$60. Travelers then receive an Electronic Travel Authorization by email, which they must print out and bring with them on their flight to India. The authorizations are accepted at international airports in Bangalore, Chennai, Cochin, Delhi, Goa, Hyderabad, Kolkata, Mumbai and Trivandrum. Once visas on arrival are issued, they are non-extendable, nonconvertible and valid for 30 days.
Travelers may apply no more than twice in a year. Business visas are not covered in the scheme.
BAL Analysis: The change will make traveling to India easier for nationals of more than 40 countries. It is important to note that the Indian government only makes the visas available for travelers whose objectives are recreation, sight-seeing, visiting friends or relatives, short-duration medical treatment or casual business visits.
What is the change? Speaking in Australia, Indian Prime Minister Narendra Modi promised a visa-on-arrival facility for Australian tourists. He also said the merger of Overseas Citizenship of India (OCI) and Person of Indian Origin (PIO) status would be complete within two months.
What does the change mean? Australians will be able to visit India without obtaining a visa prior to travel.
Background: Modi spoke before 16,000 people in Allphones Arena in Sydney’s Olympic Park, in a scene reminiscent of his speech before 20,000 at New York’s Madison Square Garden in September where he promised Americans would receive visas on arrival when traveling to India. Since then, the Indian government made PIO cards valid for life, essentially giving lifelong visas to the Indian diaspora who hold the cards and eliminating registration requirements for cardholders who visit India. The merger of PIO and OCI cards would further streamline processing.
BAL Analysis: The changes will reduce red tape for Australian visitors and overseas nationals of Indian origin.
What is the change? Under a new rule, residence permits for Japanese nationals in India are now automatically valid for the length of their visas. In a separate development, India has done away with a requirement that Japanese nationals appear in person at a Foreigner Regional Registration Office when applying for a residence permit or visa extension.
What does the change mean? The changes will save Japanese nationals time by eliminating two administrative requirements.
Background: Generally, foreign nationals in India are given a residence permit that is valid for one year, even if they have a visa that is valid for a longer period of time. This means that foreign nationals often must apply to extend their residence permits to stay in India even if their visa remains valid. Under the new rule for Japanese nationals, residence permits will automatically be valid for the life of their visa.
In a separate development, Japanese nationals will no longer be required to appear in person at a Foreigner Regional Registration Office (FRRO/FRO) when applying for registration or to extend either a residence permit or visa. Instead, an official appointed by the Japanese national’s employer can apply on the Japanese national’s behalf. Indian officials do still require Japanese nationals to inform an FRRO/FRO official if they will be away from their registered address for eight weeks or more, change their address or leave India.
BAL Analysis: The changes do away with two requirements that could be costly, timely and confusing. They are welcome news for Japanese nationals working in India.
IMPACT –MEDIUM
What is the change? All Persons of Indian Origin cards are now valid for the cardholder’s life.
What does the change mean? Holders of current PIO cards effectively have been given a lifetime visa. The change affects both new applicants and current PIO cardholders.
Background: During a speech in New York on Sept. 28, Prime Minister Modi promised lifetime visas for PIO cardholders and visas on arrival for U.S. nationals visiting India.
The Indian government announced Sept. 30 that PIO cards would be valid for the cardholder’s lifetime, rather than for 15 years. “This effectively fulfills the Prime Minister’s announcement that PIO cardholders would enjoy a lifelong visa to India,” Modi’s office said in a statement. Modi’s office also announced that “PIO cardholders would be exempt from police reporting” requirements. However, this provision has not been fully implemented and some local officers are continuing to require registration by PIO cardholders.
Modi’s office further indicated that visas on arrival for U.S. travelers could be available this month: “Systems are in place to introduce visa on arrival for US tourists in October itself.” Modi’s office said that “unless there are exceptional circumstances,” visas to U.S. nationals should be given for a period of 10 years.
BAL Analysis: The Indian government appears to be moving relatively quickly toward implementing the pledges Modi made in his Madison Square Garden speech. The lifetime PIO cards make working in India or traveling to the country for business easier for those who are eligible. Business trips will soon be easier for U.S. nationals as well. It should be noted, however, that while the implementation of visas on arrival seems imminent, it has not yet occurred. For the time being, travel to India by U.S. nationals still requires securing a visa before departure.
What is the change? All employment visa applicants must include a signed checklist and declaration form with their application. The checklist and declaration can be found on the Cox & Kings Global Services (CKGS) website: http://www.in.ckgs.us/.
What does the change mean? The checklist identifies all documents, supporting evidence and steps required of the applicant. The declaration states that the applicant undertakes to abide by the terms of the visa issued and not seek to extend the in-country stay or change its purpose upon arrival.
Background: In May 2014, India appointed Cox & Kings Global Services (CKGS) to replace BLS International as its service provider at Indian posts in the U.S.
BAL Analysis: The new guidelines are to be strictly enforced. Employers may wish to allow for delays in gathering the necessary documents before an employment visa application is submitted.
What is the change? On a visit to New York on Sunday, Indian Prime Minister Narendra Modi announced that holders of Persons of Indian Origin (PIO) cards will receive lifetime Indian visas and that U.S. nationals will receive visas on arrival.
What does the change mean? The PIO card will be merged with the Overseas Citizen of India (OCI) cards. U.S. travelers will be able to travel to India and obtain a visa at the border.
Background: Modi announced the changes at a rally of approximately 20,000 overseas Indian nationals at Madison Square Garden. The merging of PIO and OCI cards will streamline processing and essentially give PIO cardholders lifelong visas. PIO cardholders staying in India for long periods will not have to register with the local police, according to Modi. However, India recently required that OCI cardholders younger than 21 and older than 50 reapply every time they obtain a new passport, which lengthens processing.
Modi also announced that U.S. nationals would receive visas on arrival, but did not say when that would happen.
BAL Analysis: Although no timeline has been set for rollout, the changes will reduce red tape for overseas Indian nationals and American visitors.
What is the change? India’s Ministry of Home Affairs has formed a task force to speed up processing of long-term visa and citizenship applications for Pakistani nationals who are Hindu and face religious persecution at home.
What does the change mean? Citizens of Pakistan who are Hindu may obtain faster processing.
Background: Generally, India tightly curtails visas to Pakistani nationals. The new program will only impact Hindus claiming refugee status based on religious persecution.
BAL Analysis: The task force has not yet announced whether it will create special procedures for fast-track service to affected Pakistani citizens. BAL will update clients on further developments as they are announced.
What is the change? India’s Ministry of Home Affairs has published several changes to its visa rules.
What does the change mean? The main changes affect Employment, Business and Project Visas.
Background: The Ministry of Home Affairs published the changes May 29. The major changes are as follows:
BAL Analysis: The transfer of authority for business and project visa extensions to local authorities will ease administrative burdens on companies and foreign assignees applying for extensions, and result in faster processing of business and project visa extensions.