ANNOUNCEMENT 25 Sep 2009

In September 2009, the government of India announced a change for the labour market access of foreign workers.

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE



Agence France Presse. (30 October 2009). India in visa clampdown on foreign workers. Available at http://www.google.com/hostednews/afp/article/ALeqM5jjFdn9kw85sxTZhHbb25SwZOY-mg

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

Global BRIEF Immigration Alert. (2010). INDIA | Justification Letter Requirement. Available at http://www.worldwideerc.org:81/gov-relations/global-tax-legal/Immigration%20News/INDIA%C2%A0-%20Justification%20Letter%20Requirement.html


Inception date: 25 Sep 2009 | Removal date: open ended
Still in force

Labour market access

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". Also, Employment Visas are not granted for "forroutine,ordinaryor secretarial/clerical jobs".
 
From 10 April 2010, the Indian government apparently also demanded Indian employers to file a letter of justification for every foreign national they seek to hire.

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