The Director General of Civil Aviation (DGCA) has extended the ban on international commercial passenger flights to and from India for another month.

Key Points:

  • The flight suspension will remain in place through July 31.
  • Authorities may allow select scheduled international flights on a case-by-case basis.
  • International cargo flights continue to operate normally as approved by the DGCA.
  • Vande Bharat Mission and air bubble flights continue to operate.

Background: In March 2020, all commercial international flights were suspended. The suspension has been extended on a rolling month-to-month basis since its enactment.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

 

The Bureau of Immigration has issued a circular extending visa validity dates until Aug. 31 for those unable to return home due to COVID-19 travel restrictions.

Key Points:

  • Validity dates of regular visas, e-visas or stay stipulation period for foreign nationals who cannot leave the country because of travel restrictions have been extended until Aug. 31.
  • Affected foreign nationals whose visas have expired must apply for an exit permit on the e-FRRO portal before leaving the country. These individuals will be granted an Exit Permit without being subject to a penalty for overstay.

BAL Analysis: A number of countries continue to impose travel restrictions from India because of COVID-19. While the Bureau of Immigration issued a circular stating that visas and stay stipulation periods will automatically be extended, foreign nationals may wish to submit applications on the e-FRRO portal prior to the expiration of their visas if they are stranded in India. Visas will be extended free of charge for a period of 30 days. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

The United Kingdom and India recently signed a new migration partnership, which plans to introduce a new visa scheme for British and Indian young professionals.

Key Points:

  • The new Young Professionals scheme will permit professionals from Indian and the U.K. between the ages of 18 and 30 to live and work in each other’s countries for two years. This is the first such scheme agreed between the U.K. and India.
  • The scheme will be limited to 3,000 young professionals from each country.
  • Individuals will be able to apply for the U.K. Young Professionals Scheme visa or Indian equivalent if they:
    • Are a U.K. or Indian citizen between the ages of 18-30.
    • Hold a diploma or degree validating at least three years of higher education corresponding to the qualifications required by the employment on offer or have comparable professional experience.
    • Demonstrate they have sufficient financial resources to meet needs during the two-year period.

Additional Information: The Migration and Mobility Partnership aims to ease the ability of young British and Indian nationals to live and work in each other’s countries.

The implementation date for the Young Professionals scheme has yet to be announced, but it will be modelled on the existing Youth Mobility Scheme applicable to individuals aged 18-30 from countries including Australia, Canada and New Zealand. The full text of the Migration and Mobility Partnership is available here

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

Countries are increasingly suspending or limiting travel from India following a recent surge of COVID-19 cases. The countries that have recently adopted restrictions include:

  • Australia. Australia halted all direct flights from India until May 15.
  • Canada. Canada suspended all direct commercial and private passenger flights from India for 30 days starting April 22.
  • France. France recently tightened COVID-19 entry, testing and quarantine protocols for travelers from Argentina, Brazil, Chile, India and South Africa.
  • Germany. Germany restricted entry from India, with exceptions of German citizens, permanent residents, individuals in transit who do not leave the airport, cargo flights or those traveling due to urgent humanitarian crises.
  • Indonesia. On April 24, Indonesia suspended entry of foreign nationals who have been in India in the 14 days before their intended arrival in Indonesia.
  • Italy. Italy strictly limited travel from India until May 12, with some narrow exceptions.
  • Malaysia. Malaysia restricted all travelers coming from India on April 28, including those transiting through India, from entering the country. Malaysian citizens are exempt.
  • Netherlands. The Netherlands banned all passenger flights from India until at least May 1.
  • Philippines. The Philippines banned travelers coming from India or those who have been in India in the past 14 days until May 14.
  • Singapore. Singapore has moved to halt entry to long- and short-term pass holders who have traveled to India in the past 14 days.
  • United Arab Emirates. The UAE banned all flights from India for 10 days starting April 24, with exemptions for UAE citizens, diplomats, official delegations and businesspersons holding Golden Visas traveling on chartered flights. Passengers who have transited through India in the past 14 days will not be permitted to board to the UAE.
  • United Kingdom. The U.K. added India to its COVID-19 “red list,” meaning most foreign nationals traveling from India (except British nationals, Irish nationals and those with residence rights in the UK) will be barred entry to the U.K.

Additional Information: More information on restrictions on travel from India is available on this Indian Bureau of Immigration website.

Analysis & Comments: Recent changes make travel from India to certain countries difficult if not impossible. Countries may add additional changes with little or no notice. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

India has announced eased rules for Overseas Citizen of India (OCI) cardholders who have obtained new passports.

Key Points:

  • The government has eliminated a rule that required OCI cardholders to obtain new OCI cards every time they received a new passport up to the age of 20 and once upon obtaining a new passport after reaching the age of 50.
  • The new rules are as follows:
    • OCI cardholders under 20. OCI cardholders under the age of 20 no longer need to obtain a new OCI card when their passport is renewed.
    • OCI cardholders age 20-49. OCI cardholders must obtain a new OCI card the first time their passport is renewed after they reach the age of 20. After that, they do not need to obtain a new OCI card when their passport is renewed.
    • OCI cardholders age 50 and older. OCI cardholders no longer need obtain new OCI card when they acquire a new passport.
  • The government will introduce a new web-based system wherein some OCI cardholders will be required to upload copies of their passports within three months from the date of issuance. This will be required each time a new passport is obtained up to the age of 20 and once after reaching the age of 50.
  • OCI cardholders who have their OCI card based on a marriage to an Indian national will have to (1) upload a copy of each new passport (2) provide a declaration that their marriage remains valid each time they obtain a new passport.

Analysis & Comments: Overall, the changes will ease administrative burdens for OCI cardholders, although some will still be required to upload copies of their new passports online. OCI cardholders who have obtained an OCI card because of a marriage to an Indian national will additionally be required to declare that their marriage remains valid each time they receive a new passport. The government has not yet launched the web portal where copies of passports will be uploaded, but is expected to do so soon.

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

Copyright © 2021 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.

India has resumed issuance of e-Business Visas, e-Medical Visas, e-Medical Attendant Visas and e-Conference Visas.

Key Points:

  • Foreign nationals traveling to India can once again apply for e-Visas in the categories listed above. The e-Visa program was previously suspended because of COVID-19.
  • The e-Tourist Visa category remains suspended at this time.
  • Additional information is available here.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in India and other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

India has done away with a rule that often required Overseas Citizenship of India (OCI) cardholders to travel with both new and old passports, according to a statement from the Indian Embassy in Washington and the High Commission of India in London.

Key Points:

  • Previously, when OCI cardholders were issued a new passport with a number that did not match the passport number on their OCI card, they had to travel with both their new and old passports.
  • This rule is no longer in effect. OCI cardholders no longer have to carry their old passport when traveling to India, even if their new passport number does not match the passport number on their OCI card. Travelers do have to carry their new passport.
  • Officials have also given certain OCI cardholders more time to obtain reissued OCI cards in line with guidelines that were first issued in 2008. Under these guidelines, OCI cardholders are required to obtain a reissued OCI card upon receiving a new passport (1) each time up to the age 20 and (2) once after reaching the age of 50. Authorities have granted an extension to Dec. 31, 2021, for affected OCI cardholders to obtain reissued cards as required by this rule.

Background: OCI cards allow foreign nationals of Indian origin to travel to, work and reside in India indefinitely.

Analysis & Comments: The changes will make procedures for traveling to India easier for OCI cardholders. Because the change was only recently implemented, however, it is possible that some customs officials will still ask to see the old passport with the number that matches the number on the OCI card. For this reason, OCI cardholders may wish to travel with their old and new passports, at least for the time being. More information is available here.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

India’s The Directorate General of Civil Aviation (DGCA) has extended the suspension of scheduled international commercial flights for another month.

Key Points:

  • The suspension will remain in place until at least April 30, 2021.
  • Vande Bharat Mission and air bubble scheduled flights continue to operate.
  • Authorities may allow select scheduled international flights on a case-by-case basis.
  • International flights carrying only cargo are also permitted to enter India.

Additional Information: Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in India.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

India has tightened rules for some Overseas Citizen of India (OCI) cardholders.

Key Points:

  • Special Permits required for some activities. OCI cardholders will still be able to visit, live or work in India without obtaining a visa. However, officials have reiterated that OCI cardholders will be required to obtain a Special Permit in order to:
    • Undertake research.
    • Undertake missionary or tabligh activities, mountaineering or journalistic activities.
    • Work or complete an internship at a foreign diplomatic mission in India.
    • Visit any area that is protected, restricted or prohibited by the central government or the competent local authority.
  • Changes in permanent address and occupation. OCI cardholders will continue to be exempt from rules requiring foreign nationals to register with Foreigners Regional Registration Offices (FRROs) or Foreigners Registration Offices (FROs). However, OCI cardholders normally resident in India are now required to contact the appropriate FRRO or FRO by email to notify them of any changes in their permanent address or occupation.

Additional Information: Additional information on OCI holders’ rights and obligations is available in this notice from the Ministry of Home Affairs.

Analysis & Comments: Employers should make sure that OCI cardholders obtain a Special Permit, if required, and provide notice of any changes in their permanent residence or occupation.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

India’s government has extended the suspension of scheduled international flights again.

Key Points:

  • The suspension of scheduled international flights has been extended again, this time until Feb. 28.
  • Vande Bharat Mission and air bubble scheduled flights continue to operate.
  • Flights to and from the U.K. resumed Jan. 8, information about travel between India and the U.K. is available here.
  • Authorities may allow select scheduled international flights on a case-by-case basis and international flights carrying only cargo are allowed to enter India.

Background: India’s government extended the international flight suspension because of rising COVID-19 cases.

Analysis & Comments: The international flight suspension extension will prevent many international air travelers from entering India until it has been lifted. Employers may wish to reconsider sending employees to India for the time being, unless they are able to use the Vande Bharat Mission or air bubble scheduled flights. The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.