from ABIL Global Immigration Update

Under the Indian Bureau of Immigration’s general policy, all foreign nationals who arrive on a visa valid for more than 180 days and who expect to remain in India for more than 180 consecutive days during a single visit or stay must register at the designated registration office in the place of residence. 

Until recently, employment visa holders intending to remain in India for more than 180 consecutive days were required to register (unless otherwise indicated on their visa endorsement). However, now all foreign nationals with employment or visas that are valid for more than 180 days must register with the Foreigner Regional Registration Office (FRRO) within 14 days of arrival in India.

Accompanying spouses and dependents who intend to reside in India also must register. Such individuals now must submit additional documents at the time of registration. For example, a spouse on a dependent visa must present the original civil marriage certificate authenticated with an apostille. In cases where a country does not issue apostilles, the certificate must be legalized by an appropriate Indian consular post. A dependent spouse also must provide a “no work” letter to the FRRO confirming that he or she will not engage in any productive work while residing in India. Currently, the FRROs are not asking for authenticated birth certificates for dependent children, but this could change with little or no advance notice. 

List of Mandatory Documents

The following documents are required at almost all the FRROs when registering on an employment visa:

1. Original valid passports and Indian employment visa;
2. Four passport-size photographs;
3. Three copies of the applicant's passport;
4. Copy of applicant's Indian visa;
5. A letter from the Indian employer, requesting registration;
6. A letter of undertaking signed by an Indian national working with the company in India assuming full responsibility for the applicant;
7. Proof of police verification; 
8. Proof of residence address;
9. Evidence of C-Form compliance if staying at a hotel;
10. Employment contract;
11. Proof of compliance with Indian income tax if the applicant has worked in India in the past; and
12. A copy of the applicant's earlier registration booklet if he or she has been registered in the past.

The following additional documents are required at some FRROs:

1. Details of the applicant's movable and immovable property;
2. A copy of the applicant's Permanent Account Number (PAN) card or proof of having applied for a PAN card;
3. Monthly salary certificate;
4. A certificate from the Indian company stating that no qualified Indians were available for the proffered job;
5. A copy of a major utility bill from the landlord of the leased premises where the applicant is residing (if applicable);
6. A copy of the Indian company registration certificate; and
7. Evidence of Tenant Information Form compliance.

The following documents are required at almost all the FRROs when registering on an entry (dependent) visa:

1. Original valid passport and Indian employment visa;
2. Four passport-size photographs;
3. Three copies of the applicant's passport;
4. Copy of applicant's Indian visa;
5. A letter from the principal applicant's Indian employer, requesting registration of the dependent;
6. A letter of undertaking signed by an Indian national working with the company in India assuming full responsibility for the applicant;
7. Proof of police verification; 
8. Proof of residence address;
9. Copy of marriage certificate (needs an apostille for some FRROs); and
10. A copy of the applicant's earlier registration booklet if he or she has been registered in the past.

The following additional documents are required at some FRROs:

1. Details of the applicant's movable and immovable property;
2. A copy of a major utility bill from the landlord of the leased premises where the applicant is residing (if applicable);
3. Evidence of Tenant Information Form compliance.
4. Declaration from spouse that he or she will not undertake any business or work-related activities while in India.

Visa Extensions

Per recent changes, all employment visa applications must include the following additional documents:

Foreign nationals granted employment visas before October 2010, who earned an annual salary of less than US $25,000 (approximately INR 1,145,000) must ask their Indian host company for a salary attestation declaration from the appropriate Employee's Provident Fund Organization (EPFO) confirming that the employee will earn at least US $25,000 for the coming year.

The Indian host company must supply a confirmation letter that no qualified Indian national workers are readily available to assume the employment visa holder's current position as their specialized knowledge services continue to be required in India.

An employment visa holder must submit a photocopy of his or her PAN card or evidence of official registration for a PAN card, along with a duly signed and stamped income letter by the Indian host company confirming the itemized remuneration paid to the foreign national employee, including his or her annual base salary, allowances, and any bonuses to be paid for the coming year.

Spouses renewing their dependent visas must submit their authenticated marriage certificate. Those whose renewal applications are already filed with the FRRO should check whether their marriage certificate will be required. Those submitting their renewal applications but who do not possess their marriage certificate should submit a letter confirming that they will obtain appropriate certification as soon as possible.

Dependents also must submit a “no work” letter to the FRRO confirming that they will not engage in any productive work while resident in India.

Documentation Tip

All FRROs have not publicized or updated their websites to reflect these changes and seem to be asking for additional documents in an ad hoc fashion. It is best to be prepared with all the documents that may be needed, irrespective of the specific requirements of any FRRO, so that they are available if required at short notice.

by Karl Waheed, ABIL Lawyer
Karl Waheed Cabinet d'Advocats

Executive summary: The much awaited ratification of the treaty between France and India on social security coverage occurred on 22 March. This treaty is now in effect and will allow Indian assignees to avoid contribution to retirement funds under the French social security system, while on secondment assignment in France. Such assignees will nevertheless be required to make contributions to French social security for health coverage. We have reproduced below the detailed analysis published initially in our Client Alert of 18 June 2010.

What does the treaty change
Ever since the globalisation of the economy, India has progressively become the world's provider of highly technical services, primarily in the IT area. One of the biggest difficulties experienced by Indian service providers, when sending their Indian personnel to execute international service agreements, has been the high cost of social security compliance in France. Since there was no bi-lateral treaty between France and India on social security matters, Indian service providers had to make all the French social security contributions, the biggest component of which is the state health insurance.

During the negotiation of the bi-lateral treaty, Indian service providers had hoped that this treaty would allow them to keep the Indian assignees on Indian regime, and escape the high cost of French social security contributions for health insurance, as is the case with assignees from many other countries with which France has a bi-lateral treaty.

Unfortunately this will not be the case here. The Indian service provider will have to subscribe to French state health insurance. They will however be able to maintain the Indian assignee on the Indian retirement plan and avoid French retirement contributions. The present state of social security regulations (after the décret 2009-34 of 9 January 2009) would have allowed the Indian employer to opt out of the French basic retirement contributions anyway. In our opinion this long awaited bi-lateral treaty does not bring a significant change in social security considerations of assignment of Indian personnel to France, except to enlarge the avoidance to include the complementary retirement (the AGIRC/ARRCO contributions).

Purpose of the treaty
The stated purpose of the treaty is to facilitate professional mobility between France and India, to improve the attractiveness of France for Indian investors, to respond to the demand of French companies doing business in India, and Indian companies doing business in France, by facilitating the movement of workers.

Secondment under this bi-lateral social security treaty would allow the maintenance of retirement regimes in home countries, and make temporary assignments abroad more attractive to French employees. Having said this, retirement contributions being only a fraction of the social security contributions, the increase in the attractiveness for Indian and French investors and workers, which is the focus of the impact study discussed by the parliament, is all quite relative.

Beneficiaries of the treaty and risks covered
The scope of the treaty covers salaried and non-salaried workers, including civil servants. The treaty allows the maintenance of the social security in the sending state only with respect to retirement benefits, invalidity, survivor rights, for a maximum period of 5 years. On the other hand, it does not cover health and accidents at work and work related illness. For these risks, French employees seconded in India and Indian employees seconded in France, will have to continue to be covered under the social security insurance of the country where work is performed. In other words Indian workers being seconded to France will be exempted from contributions to the retirement funds, but shall continue to be registered and make contributions to the relevant health insurance fund (URSSAF of Bas-Rhin).

Article 10 of the treaty nevertheless allows the signing States to agree to increase the scope of the exemptions.

Retroactive application of the treaty
The treaty does not provide for retroactive application for persons who had been already sent to one of the contracting states before the effective date of the treaty. They may however benefit under the terms of the treaty and be seconded from its effective date.

Liason authority
The CLEISS (Centre de liaisons européennes et internationales de sécurité sociale) shall be the liaison authority in France which will liaison with the social security authorities of India.

by Julie Pearl, ABIL Lawyer
Pearl Law Group Global Immigration NewsFlash

India's Ministry of Home Affairs (MHA) has issued new guidelines allowing X entry visa-holders (intra-company transfer spouses) to change their status to employment visas without leaving India. Previously, if the X visa spouse of an intra-company transferee in India found employment, he or she was mandated to leave India and re-enter with the new visa before beginning authorized employment.

In order to qualify for the new change of status process, the following guidelines must be met:

• The applicant must be highly skilled, engaged or appointed by the India entity on a contract or employment basis.
• The applicant must be paid a minimum annual salary of $25,000 (USD) (ethnic cooks, language teachers other than English language teachers, translators, and diplomatic staff are exempt from the salary requirement.)
• The applicant must meet all other employment visa conditions as determined by current immigration regulations.
• The MHA must give prior approval for the change of status, after obtaining a report from the Foreigners (Regional) Registration Office [F(R)RO] in the applicant's region of residence in India

The full guidelines document can be found at the MHA website.