© 2017 Fragomen | India Symposium

INDIAN IMMIGRATION: LIBERALISM vs NATIONALISM

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SAJU JAMES Partner

India

SEBIN JINNY Senior Manager

India

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WITH YOU TODAY

AGENDA

• Indian Immigration: Evolution

• Foreign Arrivals in India

• Indian Visas: New Categories

• Indian Immigration: A Proactive Approach

• Recent Developments

• Road Ahead & Proposals

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INDIAN IMMIGRATION: EVOLUTION

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• Technology & digitization

• Integration of immigration, taxation and provident fund divisions

• Focus on aligning immigration policy to business policies

• Addition of new visa categories

• Availability of clear guidelines for more visa categories

• Increased enforcement of penalties for non-compliance

Source: http://pib.nic.in/newsite/PrintRelease.aspx?relid=161922;

FOREIGN ARRIVALS

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391,000

582,000

0100,000200,000300,000400,000500,000600,000700,000

January to April 2016 January to April 2017

Foreign Tourist Arrivals on e-Visa - January to April 2016 & 2017

48.8%

Source: http://www.mea.gov.in/annual-report-2016-17.htm; http://www.mea.gov.in/annual-reports.htm?57/Annual_Reports

FOREIGN ARRIVALS

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0500,000

1,000,0001,500,0002,000,0002,500,0003,000,0003,500,0004,000,0004,500,0005,000,000

Regular Visas e-Visas

201420152016

N/A

Growth: 128.3% Decline: 9.13%

Source: http://pib.nic.in/newsite/PrintRelease.aspx?relid=161922

FOREIGN ARRIVALS

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UK (21.6%)

USA (10.2%)

China (6.1%)

Russian Federation (6.1%)

France (5.1%)

Germany (4.7%)

Australia (4%)

Canada (2.9%)

Spain (2.7%)

South Africa (2.7%)

Republic of Korea (2.6%)

Thailand (2.3%)

Malaysia (1.7%)

Netherlands (1.7%)

Singapore (1.6%)

Top 15 countries availing e-Visas*

*Data as of April 2017

INDIAN VISAS: NEW CATEGORIES

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Electronic Visa (e-Visa)

Extended to 161 countries and 27 designated ports of entry Three sub-categories: e-Business Visa, e-Tourist Visa, e-Medical Visa Validity: 60 days from the date of arrival into India; double entry : e-Business & e-Tourist

Visa, triple entry: e-Medical Visa; two e-visas per calendar year. Cannot be converted or extended

Intern Visa

Issued within one year post completion of graduate/post graduate courses Minimum Salary Threshold: INR 780,000 per annum Quota system: 50 visas per Indian Mission/100 per Indian Mission

(if PIO population over one million) Validity: one year/until internship end date (whichever is earlier) Cannot be converted or extended

Film Visa

Shooting feature films (television or cinema) and reality TV shows, commercial TV shows or serials)

Visas issued will be project/film specific Validity: one year/until project end date (whichever is earlier) Cannot be converted or extended

Permanent Residency Status

(PRS)

Proposal approved by the Union Cabinet Issued to foreign investors and dependents Minimum investment of INR 10 crore within 18 months or INR 25 crores to be brought

within 36 months Must generate employment to at least 20 Indians each financial year Validity: 10 years, multiple entry (extendable)

INDIAN IMMIGRATION: A PROACTIVE APPROACH

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I. Research & Planning II. Pre-arrival Compliance Checks

IV. Post-arrival Compliance Checks

III. Pre-assignment Compliance Checks

RECENT DEVELOPMENTS

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1 Simplified visa system

2 Minimum salary threshold simplified (USD 25,000 to INR 1,62,5000 per annum)

3 Deadline for OCI in Lieu of PIO card applications extended until June 30, 2017

4 Intern visa category introduced

5 Film visa category introduced

6 Biometrics introduced in UK, Austria, San Francisco & Singapore

7 Biometrics implemented in Pune, Mumbai and Hyderabad

8 Electronic Tourist Visa name changed to Electronic Visa (e-Visa), sub-categories introduced

9 Sub-categories of visas introduced based on purpose of travel (Employment: E1, E2, E3…; Business: B1, B2, B3…)

10 Residence reporting form (Form C and/or Tenant Verification) likely to become mandatory across all locations

THE ROAD AHEAD &

PROPOSALS

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• Continued focus on amendment of immigration policies to boost trade and tourism

• Further expansion of biometric enrolment across all Indian Missions and FRROs/FROs in phases

• Increased focus on usage of technology

• Pending proposal o Dependent Visa Work Authorisation

QUESTIONS?

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