Can NRIs renew their passport in India?

Immigration law & NRI advice (PIO, OCI)

In order to avoid problems with the immigration office in India, you should pay attention to the correct visa type when choosing the visa.

Immigration and residence law

German citizens need a to enter India visa. Especially with the Establishing business contacts in India, one Professional or research activity, the Managing directors an Indian subsidiary up to Posting of employees Therefore, residence law requirements must be taken into account in India. When choosing the right visa, attention should be paid to the correct type of visa, as the individual types of visa different granting requirements and specific restrictions exhibit. It is not uncommon to have problems in practice with the obligatory after arrival Registration in the Foreigners Registration Office (FRRO) if it turns out that a false visa has been issued. In these cases there is a Departure from India and a new application from abroad imperative what additional costs and time expenditure means. Even in the case of a secondment, the employment contracts must be drawn up in such a way that they are accepted by the Indian immigration authorities for issuing a work visa.

Foreign citizens who are Indian roots or who are married to an Indian spouse have the option of a so-called OCI card to acquire. Such an OCI card has the particular advantage that an unlimited stay in India without a visa and without registration is possible as well Real Estate in India may be acquired (see the heading "Real Estate Law").

InDeĀ® lawyers advise on Indian residence law and in cases of employee secondments from the German headquarters to India. We also represent holders of OCI cards and Non-Resident Indians (NRI) who need appropriate legal services in India - such as tax refunds or the purchase of real estate. We remain your contact in Germany, who reliably masters the cultural and legal hurdles in India for you.

For questions about naturalization law, family and spouse reunification in Germany / India, adoption law etc. click on the heading "Family and inheritance law".

The following is a brief overview of Indian immigration and residence law:

A. Entry requirements (general)

The mandatory visa is required before entry be requested. Only in the case of a tourist visa has India recently also the "visa-on-arrival"Introduced at certain airports. In order to avoid problems in India or even when checking in at the German airport - where a visa is checked regularly - it is advisable to apply for a visa beforehand. The question of which Indian embassy in Germany for the Examination and issuing of visa applications depends on where the applicant's place of residence is.

The specific requirements for issuing a visa depend on Type and duration of the intended stay. Visas are available for different periods and purposes of residence (72 hours to 5 years).

Exceeds the The visa is valid for 180 days, must registered with the regional immigration office within 14 days of arrival in India become. This registration is mandatory by law, even if the holder of the visa does not stay or does not want to stay longer than 180 days. We strongly recommend this one Registration requirement and to make sure that the Indian immigration authorities - which is sometimes forgotten - in the Pass a stamp provides. Because if there is no stamp of this Indian immigration office noted in the passport when leaving the country, the Refused to leave the Indian airport. Especially in urgent business matters, in which you have to fly back to Germany quickly, this is not only associated with cost disadvantages (hotel costs, flight cancellation, etc.), but can also adversely affect business processes.

B. Types of Visa

Tourist visa

People who visit India as tourists or want to meet friends and relatives receive a Tourist visa valid for six months. Tourist visas cannot be extended or converted. It should also be noted that even with tourist visas with "multiple entry" (with multiple entry options within the six months), between each entry at least two months must lie. India wants to prevent the tourist visa from being misused for business purposes.

Business visa / business visa

A business visa for a foreign citizen is issued in the following cases:

  • Establishing a company
  • Activities that are based on Establishment of a business are aligned (e.g. market analysis, meetings with business partners)
  • Buying or selling industrial products in India

Other business purposes are also taken under these conditions, such as participation in Shareholders' meetings or recruiting staff.

To obtain a business visa is among other things a Confirmation letter from the German company as well as an official one Invitation letter of an Indian company in which, among other things, the business purpose and length of stay must be confirmed

As business visas with a validity up to five years can be issued, this type of visa is usually preferable, unless a paid activity is to be carried out in India. If the applicant wants to work in India, an employment visa is required.

Work visa / employment visa

To get one in India job being able to record is a employment visa required. This does not necessarily have to be a formal employment relationship with monthly remuneration, e.g. remunerated consulting services are also included. Become a work visa only to highly qualified employees issued that are not available in India (e.g. managers, technicians). In addition, is a Minimum salary required, which is based on the to be submitted Employment contract from the Indian authorities is checked.

The visa is for the duration of the job or for a period of two years at most Granted by the Indian embassy. You will be in India when Foreign Office itself extended. Work visas are not issued to foreign citizens who have lived in Germany for less than two years. You have to apply for the visa in your home country. If a work visa has been issued, you can usually also use this as a basis Family members a residence visa can be issued.

In order to obtain an employment visa, a Dispatch letter from the German society as Evidence of qualifications and the (planned) Employment relationship with Indian company (employment contract) required. In order to avoid problems or (time-delayed) inquiries when issuing the work visa, it is advisable to use the employment contract according to the requirements of Indian law to be drafted or checked by a lawyer. Since it cannot always be estimated whether the work visa will be issued smoothly or whether the issuance will be delayed due to inquiries, it is recommended that you already do so several months before the planned departure apply for the relevant work visa.

You can find more detailed information to be observed when posting employees to India in the section "Labor law in India".

Other types of visas

There is one more Variety of other types of visas, namely depending on the purpose for which you enter India. To exist for example:

  • Conference visas for attending a conference, seminar or workshop
  • Transit visas for stopovers in India en route to other destinations
  • Student visas in the event of admission to a university or institute recognized in India
  • Research visas for doctoral students etc.
  • Visa for journalists, film crews, photographers etc.
  • Medical stay visas and escort visas
  • Project visas in the steel and energy industry.

Services

  • Advice on Indian law of residence
  • Business visa
  • Work visa
  • Posting of employees to India
  • Advice to NRI and OCI card holders
  • Family and spouse reunification

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