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IMPACT – MEDIUM
What is the change? India’s Directorate General of Civil Aviation (DGCA) has issued a circular saying that foreign nationals who were in China on or after Jan. 15 will not be permitted to enter India by any mode of transportation. The move came after Indian authorities announced last week that they would cancel all visas for Chinese nationals across the globe as well as foreign nationals in mainland China.
Business impact: The coronavirus outbreak and the related travel restrictions have dramatically slowed business travel to and from China.
The Indian government moved last week to cancel existing visas of Chinese nationals (with the exception of passport holders from Hong Kong, Macau and Taiwan) and foreign nationals who had traveled to China. Officials subsequently stated that foreign nationals who had been to China on or after Jan. 15 would not be allowed to enter India through airports, seaports or on roads with neighboring countries. DGCA has clarified that these restrictions will not apply to aircrew, regardless of their nationality.
Analysis & Comments: The government’s actions indicate that India is taking serious steps to contain the spread of the virus. Applications for Indian visas are no longer accepted from foreign or Chinese nationals applying from mainland China or Chinese nationals applying from any other countries (excluding passport holders from Hong Kong, Macau and Taiwan). Most airlines have reduced flights from India to mainland China and Hong Kong, and business travel between India and China has dramatically slowed. Those with urgent immigration needs are encouraged to contact Deloitte.
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. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? India has canceled all visas for Chinese nationals globally, as well as for foreign nationals in mainland China.
What does the change mean? E-visas and regular visas previously issued are no longer valid for foreign nationals currently residing in China or Chinese nationals globally (with the exception of passport holders from Hong Kong, Macau and Taiwan). Additionally, foreign nationals residing in China and Chinese nationals globally are not able to apply for new visas.
Analysis & Comments: The government’s ban on all travels from mainland China indicates that it is taking serious steps to contain the spread of the virus. Moreover, it has instructed all holders of e-visas and regular visas who have traveled from China since Jan. 15, and who are currently in India, to contact the Ministry of Health and Family Welfare with queries relating to health, and is advising Indian citizens not to travel to China. Indian citizens who do travel to China will be quarantined on their return. Most airlines have canceled flights from India to mainland China and there are indications they will soon cancel flights to Hong Kong, according to media reports. Further, the Indian state of Karnataka has instructed all those who have traveled from any of the 23 countries affected by the virus to remain at home for 28 days from the date of their return, regardless of symptoms. Applications for Indian visas are no longer accepted from foreign or Chinese nationals applying from mainland China or Chinese nationals applying from any other countries (excluding passport holders from Hong Kong, Macau and Taiwan).
What is the change? The Indian government has announced changes to Overseas Citizenship of India (OCI) card application and travel procedures.
What does the change mean? Under a new rule, foreign nationals of Indian origin must have six months of continuous stay in India or their country of residence (if different than their country of citizenship) before they submit an OCI application. The government has also issued a reminder stating that rules require some OCI card holders to obtain a new OCI card if they obtain a new passport. Officials have said, however, that enforcement of these rules will be relaxed until June 30, 2020.
OCI card holders have faced issues recently, with officials stopping some of them from boarding flights to India because their passport numbers did not match the passport numbers on their OCI card. Officials recently circulated a reminder that:
In a Dec. 18 statement, India’s Ministry of External Affairs relaxed rules up to June 30, 2020 for card holders 20 and under and over 50 who have obtained a new passport, but have not yet applied for or obtained their new OCI card. In these instances, card holders will be permitted to travel with both old and new passports.
Analysis & Comments: Foreign nationals interested in obtaining an OCI card should take note of the new “six months” rule and should plan their international travel accordingly. OCI cardholders 20 and under or 50 and above who require a new OCI card are encouraged to apply for one as soon as possible even though travel rules have been relaxed up to June 30.
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 http://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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? India’s Intern Visa is now a subcategory of the Student Visa program.
What does the change mean? From now on, foreign nationals planning an internship in India will apply for a Student Visa for the purpose of “coming for Internship in India (including those coming under the French VIE program).”
Background: India introduced Intern Visas in March 2017 for foreigners (recent graduates and post-graduates) intending to pursue internships with Indian companies, non-governmental organizations (NGOs), or education institutions in India. Before this change, foreigners had to apply for an Employment Visa which had a higher salary threshold compared to the salary threshold for the Intern Visa (360,000 rupees per annum). The government introduced subcategories to the Intern Visa program in February 2018, and has now moved to merge Intern Visas with the Student Visa Program.
Analysis & Comments: This change has eliminated a separate category of Intern Visa in an effort to align the program with global best practices. Authorities have not yet published an official press release or FAQ, but the change has already been implemented in practice and on India’s online visa application portal.
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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? India has opened visa-on-arrival facilities at six international airports to nationals of the United Arab Emirates.
What does the change mean? UAE nationals who have previously obtained an Indian e-Visa or regular/paper visa will be able to use visa-on-arrival facilities at airports in Bangalore, Chennai, Delhi, Hyderabad, Kolkata and Mumbai. The visas will be valid for up to 60 days and a maximum of two entries. They can be used for business, tourism, conference or medical purposes.
Background: Up until now, India’s visa-on-arrival program has only been available to nationals of Japan and South Korea. With this change, UAE nationals will be able to use the program if they have previously been issued an Indian visa. Travelers who use the visa-on-arrival program must complete the required application (Annexure I), and are advised to download it, print it and fill it out before travel. Travelers should then take their completed form on their flight and give it to the officer at the visa-on-arrival counter at the airport. Travelers must meet other conditions to obtain a visa on arrival, including having a passport valid for at least six months, assured financial standing and no residence or occupation in India. Visas issued on arrival cannot be extended or converted.
Analysis & Comments: The change will ease travel procedures for UAE nationals who have obtained an Indian visa in the past. UAE nationals who have not previously obtained an Indian visa must obtain an e-visa or regular/paper visa prior to departing. Travelers are advised to carry the previously issued visa to substantiate eligibility.
What is the change? The Indian government has extended the deadline for Person of Indian Origin (PIO) cardholders to convert to Overseas Citizen of India (OCI) cards. The new deadline is March 31, 2020.
What does the change mean? PIO cardholders now have until March 31, 2020 to convert their PIO cards to OCI cards.
Background: The Indian government merged the PIO and OCI schemes in 2015. The government considers all PIO cardholders to be OCI cardholders, but PIO cardholders have been advised to convert their PIO cards to machine-readable OCI cards. The government has extended the deadline for converting PIO cards a number of times and has now given PIO cardholders a deadline of March 31, 2020.
Analysis & Comments: PIO cardholders are advised to apply for machine-readable OCI cards as soon as possible and no later than March 31, 2020. Immigration checkpoints continue to accept PIO cards for now, but after March 31, 2020 handwritten PIO cards will become invalid and cardholders who have not obtained an OCI card may need to obtain a visa or exit permit to travel into or out of India.
What is the change? India has amended its e-Business Visa rules to allow for longer stays, expanded visa validity and additional entries.
What does the change mean? e-Business Visa holders may now remain in India for up to 180 days per stay—up from 60 days. e-Business Visas will remain valid for up to one year, and restrictions on the number of entries have been removed.
Background: India has expanded its e-visa program in recent years, introducing new e-visa subcategories and allowing e-Business Visa holders to conduct any activity that is permitted on a consular business visa. In addition to the changes described above, authorities have expanded to 28 the number of airports at which e-visas may be used, with airports in Port Blair and Bhubaneswar recently added to the list. Authorities have also lifted restrictions on the number of times foreign nationals may apply for e-visas and have said that e-visa holders who fall sick in India may seek medical help in India without first obtaining a medical visa.
Analysis & Comments: The changes ease visa processes for business travelers, particularly those who travel to India on a frequent basis or for long periods of time.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The Foreigners Regional Registration Office (FRRO) website is advising foreigners to apply for visa extensions and residence permit renewals at least two weeks in advance.
What does the change mean? While the FRRO website advises that applications for visa extensions and residence permit renewals should be filed at least two weeks in advance of visa expiration dates, it is highly advisable that the applications be filed well before then, since applications are accepted as far as 60 days in advance of the expiration dates.
Background: The e-FRRO service, which was introduced in October 2018 in all Indian states, made online applications mandatory. It was originally introduced to improve overall efficiency and shorten processing times, but there have been a number of online processing delays which have impacted business schedules and travel plans of employers and employees. FRRO has responded with the new advisory to ensure sufficient time to process the requests.
Analysis & Comments: It is now highly recommended that visa extension applications and residence permit renewals be filed well in advance of the visa and permit expiration dates. Employees and dependents are reminded that once the electronic application is filed, they must stay in India until their residence permit or certificate is issued, or their visa extended, as their presence can be tracked through their passport details, which are entered into the system at airport immigration departure points.
IMPACT – HIGH
What is the change? India has dramatically increased penalties for non-registration, violation of visa regulations, and overstays and is also linking penalties to the period of default.
What does the change mean? If a foreign national holds a visa with an endorsement that “registration is required within 14 days of arrival in India” and fails to register within the 14 days, a penalty of US$300 will be levied.
In case of overstays, the penalty is linked to the period of default as tabulated below:
Penalties are lower for individuals belonging to minority communities from neighboring countries (i.e., Pakistan, Bangladesh and Afghanistan), as tabulated below:
Analysis & Comments: The new fees and penalties will increase costs for companies that fail to comply with the requirements. Employers and applicants should avoid overstays considering the significant increases in penalties. Similarly, foreign nationals should check if their visa includes a registration requirement and register with the Foreigners Regional Registration Office within the specified window after arriving in India.
What is the change? India has introduced two additional categories of e-visas, the e-Conference visa and e-Medical Attendant visa. E-visas are issued with a validity of 60 days and can now be extended for an additional 30 days in-country.
What does the change mean? Applicants from more than 160 countries and territories are eligible to apply for e-Conference visas and e-Medical Attendant visas in addition to e-Tourist, e-Business and e-Medical visas. Foreign nationals in India on an e-visa can now visit Foreigners Regional Registration Offices and apply for 30-day extension.
Background: India introduced the e-visa for tourists, business travelers and medical visits in April 2017. Officials recently announced two additional categories, the e-Conference Visa and e-Medical Attendant Visa. The new visa categories are currently available and the e-visa application site has been updated to reflect the change. E-visas in all categories are now valid for stays of up to 60 days, extendable for an additional 30 days in-country.
Analysis & Comments: The changes are welcome and are in line with India’s continuing efforts to expand the use of e-visas. Travelers are cautioned that e-visas remain inappropriate for productive work; those intending to conduct work activities must apply for an employment visa.