Overview

With the process of globalisation, there has been a huge upsurge in the migration of individuals to other countries for better economic, political as well as social stability. India, being a country of mixed race as well as religion and culture, serves as a centre of attraction for several immigrants from other countries as well. Immigration can be defined as the process of movement of individuals from one country to another for the purpose of long-term settlement. One of the most common issues faced by immigrants is acquiring citizenship of the country to which they intend to travel and reside. This includes the challenge of availing fundamental rights of the country to which the individuals have migrated. Several laws, as well as policies, have been formulated concerning the immigrants by addressing these issues. In India, the provisions of the Constitution of India govern immigration laws.

Immigrant Visas

There are several kinds of Immigrant Visas such as long-term visas, student visas, medical visas, research visas as well as an employment visa.

• Employment Visa is granted to employees or interns of an Indian organization. In the case where individuals travel to India for any volunteer work which is registered with Non-Government Organisation (NGO), then a special endorsement is required on the employment visa stating “To work with NGO”. Notwithstanding the duration of the contract, an employment visa is granted for 1 year. This visa can be extended for a maximum of 5 years.

Eligibility conditions for employment Visa- 

Based on the following conditions, foreign nationals are eligible for employment visas-

• The individual is a professional or qualified expert who has been appointed or engaged by an Indian organization. Such foreigners may be hired by any Indian organization at a higher position based on their employment.
• Any other competent individual must not be present in India for the job for which the foreign national has been hired.
• An employment visa is not granted in case of any routine or clerical or secretarial work.
• All the essential and applicable legal requirements must be complied with by such individuals.
• After providing all the supporting documents necessary for the visa, a thorough check is performed before deciding the category of the visa.
• The individual must be employed by an Indian organization or by a foreign organization that is committed to completing some venture within India.

Requirements By Passengers Arriving Or Departing India

Every passenger, Indian, or foreigner goes through the immigration check while arriving in the country or departing from the country. They are required to carry a duly stamped passport while arriving as well as at the time of departure.

Any individual, Indian, or foreigner who visits India or moves from India to another country is required to fill out Disembarkation and Embarkation Cards while arriving or departing from India respectively. These cards must contain the following details filled by foreigners as well as Indians who are moving to other countries.

• Name and Sex
• Date of Birth, Nationality
• Passport Details such as Number, Dates of Issue
• Address in India
• Occupation
• Flight Number, Date of Arrival / Date of boarding & port of final destination
• Countries visited during the last six days for arriving Indians
• Purpose to Visit abroad

Rules And Regulations Concerning Immigrants

For regularising the procedure to avail citizenship by foreigners, certain acts have been passed.

• Passport Act 1920- This Act is also known as the Entry in India Act, where a foreigner is required to obtain a visa from India in order to reside in India. This Act makes provisions for submitting certain documents while traveling as well as being allowed into the country. 
• Foreigners Act 1946- The entry, as well as the residence of the foreigners within the border of the country, is regulated under this Act till their departure from the country.
• Registration of Foreigner Act 1939 and Registration of Foreigners Rules 1992- The foreigner who visits the country for a short period, however, stays beyond the period specified in their visa is required to register with the Registration Officer.
• Immigration (Carriers’ liability) Act 2000- In order to confront the issue of the arrival of a large number of passengers in the absence of valid documents required for traveling, this Act was enacted.

How Lead India Can Help You?

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
2. Expert Advice – With the help of the best lawyers, you can apply for an immigration visa by assessing the purpose of applying for an immigration visa.  
3. Zero Stress - You do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court. 
4. Top Quality Lawyers - Lead India will help you to choose among the best lawyers who will assist in the process of complying with all the requirements and documentation required for an immigration visa. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.