India: Restrictions on work visas
Description
On 25 September 2009, the Indian Ministry of Home Affairs issued a clarification of visa requirements for Business Visas. The new regulation required all foreign nationals permitted to work through a Business Visa leave the country before 31 October 2009.
From this date, only foreigners that seek to come to India for bonafide business purposes such as the establishment or exploration of local business ventures are eligible for Business Visas. Migrant workers engaged in the "execution of projects/contracts" are explicitly barred from renewing their Business Visas. They are now to apply for so-called Employment Visas.
Employment Visas are only issued in the country of origin. Successful applicants must prove their employment by an Indian company on a senior technical or managerial level. Specifically, an "Employment Visa is not granted for jobs for which large numbers of qualified Indians are available".
Any Evidence-Based Deliberation:
| Question | Result |
|---|---|
| Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations? | |
| Is there any evidence that alternatives to the proposed measure were considered? | |
| Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government? | |
| Was such evidence identified? | |
| Is such evidence publicly available? | |
| Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives? | |
| Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken? | |
| Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory? | |
| Did the government state its intention to review the measure within one year of implementation? |
Date Discovered:
Implemented: Yes
Date of inception: 25 Sep 2009
GTA Evaluation: Red
Source:
Agence France Presse. (30 October 2009). India in visa clampdown on foreign workers. Available at http://www.google.com/hostednews/afp/article/ALeqM5jjFdn9kw85sxTZhHbb25S...
Ministry of Home Affairs. FAQs RELATING TO WORK RELATED VISAS ISSUED BY INDIA. Available at http://www.mha.nic.in/pdfs/work_visa_faq.pdf
Government Response:
- 176 reads
