Medium Priority

What is the immigration news? New exit rules for Indian nationals intending to work abroad in any of 18 designated countries have been suspended until further notice.

The rules, originally issued Nov. 14 by India’s Ministry of External Affairs, were scheduled to take effect Jan. 1 and would require that Indian citizens holding work permits in the designated countries preregister on the eMigrate portal at least 24 hours before traveling. After receiving feedback about Indian expatriates having difficulty registering on the eMigrate website, the ministry announced Nov. 28 that it was suspending the new rules until further notice.

  • Implementation time frame: 
  • Affected population: Indian citizens holding employment visas in any of the 18 designated countries: Afghanistan, Bahrain, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, South Sudan, Syria, Thailand, the United Arab Emirates and Yemen.
  • Business impact: While the rules are suspended, Indian nationals working in the 18 countries do not need to preregister before traveling or returning to the host country.
  • Next steps: It is unclear when or whether the ministry will implement the rules.Meanwhile, the ministry has indicated that affected Indian nationals may voluntarily register on the eMigrate portal.

Background: The new exit requirements were intended to protect Indian expatriates from exploitation and trafficking and to ensure that their addresses and contact details were up to date in case of emergency while working in the host country. The rules would have required that affected Indian citizens preregister on the eMigrate portal at least 24 hours before traveling to the host country. Those who failed to preregister would be barred from departing at the airport.

BAL Analysis: Currently, Indian citizens working in the 18 countries will not be required to register with eMigrate, but may wish to do so on a voluntary basis.

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

Copyright © 2018 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.

High Priority

What is the immigration news? Beginning next year, the Indian government will require that Indian citizens complete registration procedures at least 24 hours before traveling to any of 18 designated countries. The countries are Afghanistan, Bahrain, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, South Sudan, Syria, Thailand, the United Arab Emirates and Yemen.

Key points:

  • Effective date:  1.
  • Impact on business: Indian nationals working on an employment visa who fail to preregister before traveling to any of the 18 countries will be turned away from Indian airports and not allowed to board their departure flight.
  • What to watch: Indian nationalswill be required to register at the Indian government’s eMigrate portal  at least 24 hours before their flight. They will be required to provide an Indian cell phone number for receipt of a passcode to complete registration. The cell phone number does not need to be registered in the employee’s name, and the passcode will be a one-time code.

Additional information: India’s Ministry of External Affairs announced the new requirement, which aims to protect Indian expatriate employees against trafficking and exploitation and to ensure that their addresses and contact details are up to date in case of emergency while working in the host country.

BAL Analysis: The registration requirement will apply to new employees as well Indian nationals already living in any of the designated countries who seek to return to the host country after traveling to India. Employers should identify affected employees and ensure that they complete this new requirement before traveling or returning to the host country.

This alert has been provided by the BAL Global Practice group and our network provider Sesam Business Consultants in the United Arab Emirates. For additional information, please contact your BAL attorney.

Copyright © 2018 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.

IMPACT – MEDIUM

What is the change? Government offices will close in India, Singapore and a number of other countries next week for the Hindu holiday of Diwali.

What does the change mean? Employers and foreign nationals who need government services should prepare for holiday-related delays.

  • Implementation time frame: On and around Nov. 7. Government closures will vary from country to country.
  • Visas/permits affected: All visas, permits and other immigration services.
  • Who is affected: Anyone needing to obtain visas, work permits, renewals or other immigration-related services.
  • Impact on processing times: Delays should be expected due to office closures. Backlogs are possible when offices reopen.

Background: Diwali, also called Deepavali, is the Hindu festival of lights, celebrating the triumph of good over evil. It is celebrated in Fiji, Guyana, India, Malaysia, Mauritius, Myanmar, Nepal, Singapore, Sri Lanka, Suriname, and Trinidad and Tobago, among other countries. Closure dates vary from country to country and, in some cases, may be prolonged.  

Analysis & Comments: Holiday delays may have a minor impact on business schedules. Companies and foreign employees may wish to check with local officials for the dates of office closures.

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.

IMPACT – MEDIUM

What is the change? Online services at Foreigners Regional Registration Offices (FRRO) and Foreigners Registration Offices (FRO), or e-FRROs, have been expanded across all states in India.

What does the change mean? Manual applications are no longer accepted, except for a few services. Individuals who have a previously scheduled appointment to submit manual applications must now file electronically through the e-FRRO portal.

  • Implementation time frame: Immediate.
  • Visas/permits affected: Residence permits, residence certificates, visa extensions.
  • Business impact: The online services will eliminate the need for foreign nationals to travel to FRRO offices except if called or for limited services that are not available online. However, the foreign national must remain in India until the process is completed.
  • Next steps: Employers whose employees have an appointment to submit manual applications should plan to file their applications online as soon as possible.

Background: e-FRROs were introduced in February at four locations and were then expanded to additional jurisdictions and have now been implemented across India. With the exception of a few services, such as submission of tax records in response to an endorsement on a residence permit, online applications are now mandatory. The issuance of residence permits/residence certificates is not uniform across India yet. Some offices issue only a copy via email and others are issuing an emailed copy followed by a hard copy.

Analysis & Comments: The expansion of eFRRO services will save time for foreign employees and accompanying dependents because they will not need to appear in person and wait in line. 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, and their presence can be tracked through their passport details, which are entered into the system.

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.

IMPACT – MEDIUM

What is the change? India has eased rules on the number of times travelers may use e-visas.

What does the change mean? Travelers may enter India using an e-visa up to three times during a calendar year (January through December), instead of the current limitation of two times per year.

  • Implementation time frame: Immediate.
  • Visas/permits affected: E-visas.
  • Business impact: Business travelers making frequent trips to India will benefit from the eased rule.

Analysis & Comments: The change is a welcome development in India’s continuing efforts to expand the use of e-visas. Travelers are reminded that business e-visas remain inappropriate for productive work; those intending to conduct work activities must apply for an appropriate employment visa.

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.

IMPACT – MEDIUM

The Australian High Commission in India has published an alert warning of a new visa scam tied to an employment agency in South West Delhi. More than 50 people contacted the High Commission in recent weeks, saying they paid as much as 50,000 INR (about AUD$970 or US$715) for work visas in what turned out to be a scam. The High Commission urged visa applicants to exercise caution when working with visa agencies.

“Australia does not have a work visa program of the sort being promoted by the scammers,” a spokesperson from the Australian High Commission said in a statement, adding, “Our Temporary Skills Shortage work visa is run only with approved sponsors, and only for applicants with specific skills in demand in Australia.”

The High Commission said the agency behind the scam would charge victims for job placements, often providing fake job offers by using the names of prominent Australian companies. The agency would also charge fees for visa lodgement and for medical check-ups from an unauthorised clinic. The scammers went so far as to provide fake visa notices and links to a fake website.

“We have seen clones of our website before but the newest versions link to a fake visa checking site that only contains the visa details concocted by the agent,” the High Commission said. “This may look convincing to someone who is wanting proof the agent is not duping them—but actually, it is still all fake.”

BAL Analysis: Visa scams are common around the world. Potential visa applicants are urged to employ caution anytime they are asked to pay money or divulge personal information. The Australian High Commission has published a list of recent scams as well as general information for potential visa applicants and a list of authorised physicians. Those who believe they have been a victim of the scam should contact local authorities.

This alert has been provided by the BAL Global Practice group and our network provider located in Australia. For additional information, please contact your BAL attorney.

Copyright © 2018 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.

IMPACT – MEDIUM

What is the change? Irish authorities are poised to end an online appointments system for re-entry visas.

What does the change mean? Effective Sept. 3, the online appointments system will only be available to travelers who are seeking re-entry visas on an emergency basis. Standard applications will need to be submitted through the registered postal system. Authorities are advising applicants to submit their applications at least five to six weeks before travel.

  • Implementation time frame: Sept. 3.
  • Visas/permits affected: Re-entry visas.
  • Who is affected: Visa-required nationals planning on traveling out of and returning to Ireland.
  • Impact on processing times: The change could impact travel procedures for visa-required nationals. Authorities are advising that visa-required nationals submit applications at least five to six weeks before travel. Current processing times for re-entry visas are available on this Irish Immigration and Naturalisation Service website.

Background: Visa-required nationals planning foreign travel must obtain a re-entry visa in order to return to Ireland. Currently, travelers can use an online appointments service to obtain a re-entry visa. Authorities said last week, however, that this option will come to an end on Sept. 3. Exceptions will be made for those with emergency travel needs, e.g., travel related to a serious illness or death in the family.

BAL Analysis: The change may make travel procedures more challenging. It is often difficult to get an appointment through the online system, however, and INIS generally recommends that people apply by post anyway. Visa-required nationals should make travel plans well in advance, if possible, and should submit applications for re-entry visas no more than five to six weeks before travel.

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

Copyright © 2018 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.

IMPACT – MEDIUM

What is the change? India will begin issuing visas on arrival to South Korean nationals Oct. 1.

What does the change mean? South Korean nationals will not need to apply for a visa before traveling to India if landing at one of six international airports—Bengaluru, Chennai, Delhi, Hyderabad, Kolkata and Mumbai. The visas on arrival will be valid for double entry for durations of up to 60 days.

  • Implementation time frame: Oct. 1.
  • Visas/permits affected: Visas on arrival.
  • Who is affected: South Korean nationals traveling to India for business, tourism, conferences or medical purposes.
  • Impact on processing times: Visas on arrival will be issued at the six airports.

BAL Analysis: The new visas will benefit South Korean travelers, especially those traveling to India on short notice. Employers and travelers are reminded that work permits are required for any productive work activities.

This alert has been provided by the BAL Global Practice group and out Network Partner located in India. For additional information, please contact your BAL attorney.

Copyright © 2018 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.

IMPACT – MEDIUM

What is the change? India is poised to introduce new visa subcategories for foreign nationals attending government conferences or accompanying other foreign nationals seeking medical treatment.

What does the change mean? Once the change is implemented, applicants from more than 160 countries and territories will be eligible to apply for e-Conference Visas and e-Medical Attendant Visas in addition to the currently available e-Tourist, e-Business and e-Medical visas.

  • Implementation time frame: Ongoing. The Indian government has distributed a circular on the change, but the visas are not yet available on India’s e-visa website.
  • Visas/permits affected: E-Conference Visas and e-Medical Attendant Visas.
  • Who is affected: Foreign nationals traveling to India for a government-sponsored conference or accompanying other foreign nationals who are seeking treatment on an e-Medical Visa.
  • Impact on processing times: The changes could significantly reduce processing times for eligible travelers. E-visas are typically issued within 72 hours.

Background: India introduced e-visa subcategories for tourists, business travelers and medical visits to its e-visa program in April 2017. Officials are now poised to add the two additional subcategories. E-Conference visas will be valid for a single visit of up to 30 days. E-Medical Attendant Visas will be valid for up to three entries in a 60-day period.

BAL Analysis: The new e-visa subcategories will ease procedures for those traveling to India for a conference or accompanying a person seeking medical treatment. They will be especially convenient for those traveling on short notice. Those with questions about which visa option is best for them can contact BAL.

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 © 2018 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? United Arab Emirates authorities have expanded the number of Indian nationals who are eligible for the UAE’s visa-on-arrival program, implementing a change that was approved in September.

What does the change mean? Indian nationals with a valid visa or resident permit for the United Kingdom or a European Union country and a normal passport may now travel to the UAE for business or tourism and obtain a visa on arrival that is valid for up to 14 days.

  • Implementation time frame: Ongoing. The change was implemented Monday.
  • Visas/permits affected: Visas on arrival.
  • Who is affected: Indian nationals holding valid visas or resident permits for the U.K. or an EU country.
  • Impact on processing time: The change will save eligible Indian travelers the time it takes to obtain a visa for the UAE before traveling.

Background: Last year, the UAE opened its visa-on-arrival program for Indian nationals with United States green cards or visas valid for at least six months. With the new process, Indian nationals holding a valid visa or resident permit for the U.K. or an EU country or a green card or visa for the U.S. are allowed to remain in the UAE for up to 14 days on a visa on arrival. Those who intend to stay longer than 14 days may obtain one 14-day extension for a charge.

BAL Analysis: The expansion of visas on arrival will facilitate travel and reduce processing for more Indian nationals traveling for business or as tourists to the UAE, especially those needing to travel on short notice. Those with questions about what types of activities are permitted on a visa on arrival should contact BAL.

This alert has been provided by the BAL Global Practice group and our network provider located in the United Arab Emirates. For additional information, please contact your BAL attorney.

Copyright © 2018 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.